Chapter CP 6 - Prohibitions

Section 1 - Prohibitions and Clearances - Overview

Note

This chapter provides the procedures used to process a criminal file.

1.1 This section is about

• criminal, residence, immigration and checks
• validity of clearances
• how to handle possible "hits"
• search forms and criminal problems after clearances
• young offenders
• questionable residence cases
• Section 29 investigations.

1.2 Authorities

1.3 Background

Sections 20 and 22 of the Citizenship Act give the reasons an applicant:

• cannot be granted citizenship
• cannot take the oath.

Section 21 gives the periods of residence in Canada that do not count towards citizenship..

1.4 Clearance checks

These agencies check applicants for the following:

1.5 Clearances valid for up to one year

Clearances are valid for up to one year. Citizenship managers can exercise discretion in certain cases to extend the date of validity for clearances. Clearances are not extended for applicants who have previous criminal records or who were previously under CSIS or immigration investigation.

Citizenship officials are responsible for asking CPC-Sydney for an update of clearances before the applicant takes the Oath.

1.6 When new clearance needed

Get new clearances when:

• an applicant changes his or her name, and/or date of birth, between filing an application and taking the Oath and the new name or date of birth was not previously recorded in CRS.
• When clearances are more than one year old
• When information is received indicating a person has been charged or convicted of an offence.

1.7 Applicant cannot take oath

An applicant cannot take the oath or receive a certificate if he or she changes his or her name, and/or date of birth until you receive new clearances.

1.8 Return file to CPC-Sydney

Return the file, the certificate package, and supporting documents to CPC-Sydney.

Ask for new clearances using the applicant's new name and/or date of birth. Ask for a new certificate showing the changes.

1.9 Urgent clearances

There are occasions when an application will need to be processed urgently. Clearances are provided on an urgent basis by the agencies (RCMP, CSIS, Immigration) for exceptional cases only. See Chapter 13-urgent policy. Refer all requests for urgent clearances to CPC-S. Requests for urgent clearances are routed through Case Management Branch.