Bill C-3

Mrs. A.J. Freiman, on board the ‘Scandinavian’ which sailed with the orphans August 9th 1921. / Mme A. J. Freiman à bord du Scandinavian, qui a pris la mer avec les orphelins, 9 août 1921. Credit: Library and Archives Canada.
Mrs. A.J. Freiman, on board the ‘Scandinavian’ which sailed with the orphans August 9th 1921. / Mme A. J. Freiman à bord du Scandinavian, qui a pris la mer avec les orphelins, 9 août 1921. Credit: Library and Archives Canada.

From the Association of Canadian Archivists. To see more, visit: Association of Canadian Archivists

IRCC’s Responses to ACA Member Questions

1. What evidence is accepted for citizenship-by-descent applications?

  • IRCC indicated that applicantsneed to provide documentation for each generation in the line of descent.
  • The list of documents on IRCC’s website is not exhaustive. Officers assess each application individually and must consider all relevant evidence provided by the applicant.

2. How does IRCC assess sacramental records?

  • Sacramental records may be submitted as supporting evidence.
  • Baptismal records are considered secondary evidence rather than primary evidence.

3. What formatting and certification requirements apply?

  • Documents do not need to be certified.Applicants are not required to obtain certified copies. However, when an institution’s normal practice includes a seal, covering letter, stamp and/or wet signature, IRCC will accept the document in that form. The primary consideration is whether the evidence is authentic and verifiable. If questions arise, IRCC may subsequently request a certified copy or additional documentation.
  • Documents that are not in English or French must be translated by a certified translator or accompanied by an affidavit from the translator, in accordance with IRCC requirements.
  • When an original record cannot be obtained, the applicant must explain in writing:
  • what efforts were made to obtain the record; and
  • why the record cannot be provided.
  • IRCC described the “original authority” as the organization that created or issued the record, or the organization that is now responsible for maintaining it.
  • Copies should be:
  • clear and easy to read;
  • in colour; and
  • provided as high-resolution scans, digital images, or reproductions.

4. What is required when no record can be located?

  • A formal or certified “No Record Found” letter is not required.
  • Email correspondence from the archive, or documentation showing the results of a search of the responsible authority’s records, is sufficient to demonstrate that efforts were made to locate the record.

5. What can archivists do about rising workloads?

  • IRCC emphasized that applicants are responsible for planning ahead and obtaining the documents needed for their applications.
  • IRCC stated that archivists:
  • are not expected to determine citizenship eligibility;
  • are not required to change their institutional procedures;
  • are not expected to meet requests that exceed their available capacity; and
  • should direct applicants with questions about eligibility or application requirements to IRCC through its online webform.
  • Archives may also direct applicants to the information available on IRCC’s website.

6. How far back may records be used as evidence?

  • IRCC shared that there is no fixed cutoff date.
  • Applicants may need to trace their family line back to the relevant ancestor, described during the session as “generation zero.” This may be a person who was born or naturalized as a British subject in Canada and whose status may have resulted in Canadian citizenship.
  • Applicants must demonstrate citizenship and parentage through each subsequent generation.
  • Depending on the circumstances, a claim may rely on records dating from before 1947. The relevant question is whether the ancestor’s status would have resulted in Canadian citizenship.