On July 19, 2023, the Government of Canada formally extended the application of Section 14 of the Citizenship Act. This decision, made by Minister of Citizenship and Immigration Sean Fraser, aims to continue the role of citizenship judges in decision-making for an additional three years, until July 31, 2027.

Section 14 grants citizenship judges specific responsibilities, including the authority to make residency decisions for applicants who do not clearly meet the physical presence requirements. This provision was designed to address a backlog of cases involving various residence tests and to ensure a fair process for applicants. Originally, the decision-making role of citizenship judges was set to expire automatically on July 31, 2019, but the Minister extended this role until July 31, 2024, under subsection 28.1(1) of the Citizenship Act.

The current order, in line with subsection 28.1(2), extends the judges’ responsibilities until July 31, 2027, ensuring continuity in processing residency applications and allowing citizenship judges to carry on their essential work without interruption. Citizenship judges fulfill three primary functions in the citizenship process: presiding at citizenship ceremonies, where they oversee oaths taken by new citizens; conducting promotional activities to educate the public about Canadian citizenship; and making residency decisions by evaluating whether applicants meet the residency requirements. By extending the decision-making authority of citizenship judges, the government aims to streamline the citizenship application process, particularly for cases that present challenges regarding residency verification.

The explanatory note accompanying the order indicates that extending the judges’ roles is not expected to raise significant concerns in areas such as financial, environmental, or social impacts. The government believes that maintaining the current framework will facilitate a more efficient and effective citizenship process, providing clarity and support for applicants navigating the requirements. The extension is contingent upon the Minister’s authority, allowing for potential further extensions if necessary before the new sunset date of July 31, 2027. This flexibility addresses evolving needs in the citizenship process and ensures that decision-making responsibilities can be adapted as required.

Canada (SOR/123-160) July 19, 2023