as per:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-93-246/page-2.html
in part:
- 20(1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who is 14 years of age or older on the day on which the person is granted citizenship under subsection 5(2) or (4) or 11(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it
- (a) before a citizenship judge, if the person is in Canada; or
- (b) before a foreign service officer, if the person is outside Canada.
I do interpret it is possible to have oath ceremony outside of Canda. is this correct?
Not really, not in general.
You are citing the Citizenship Regulation applicable for grants of citizenship pursuant to Sections 5(2), 5(4), and 11(1) in the Citizenship Act. This is NOT applicable to Section 5(1) applicants.
Most (almost all) of the citizenship applicants participating in this forum are adults applying for citizenship under Section 5(1) in the Citizenship Act, for which the oath of citizenship is currently (see note regarding pending amendment) governed by Section 19 Citizenship Regulations.
There is a narrow, rare exception, but otherwise, for general, adult grant citizenship applicants, and most minors 14 or older, a person must be IN Canada to take the oath of citizenship.
Same source as you link, but Section 19 in the Citizenship Regulations, which should be read in conjunction with Section 24.
Note: there is a pending amendment of the regulations governing the Oath of Citizenship.
For the Regulatory Impact Statement, public comments, and text of the provisions which will replace Sections 19 to 22, and amend others, see
https://canadagazette.gc.ca/rp-pr/p1/2023/2023-02-25/html/reg1-eng.html?step=success
These changes, if actually adopted, could have significant changes in regards to the administration of the oath. This subject is discussed in multiple threads here, but the best of these is here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/a-step-closer-to-self-administered-oath-online-oath-ceremony-without-an-authorised-individual-30-day-consultation.790240/
The changes were expected to come into effect in June (last month), but so far I have not seen reporting this has actually happened.
There was widespread and intense opposition expressed during the public comment period, and perhaps within the government as well but I have not seen anyone report doing an ATI request which would disclose the content of internal commentary. So it is possible the government has elected to not adopt these proposed changes.
However, it is also possible, and my sense is this could indeed be the holdup, that adopting the changes to the regulations is waiting on some amendments to the Citizenship Act itself in regards to the "
Electronic Administration and Enforcement" of the Citizenship Act, which explicitly grants the Minister the authority/power to administer and enforce the Citizenship Act using electronic means, and specifically gives authority to Citizenship Judges and the Registrar likewise. Note: these changes are buried in an omnibus budget act, Bill C-47, which received Royal Assent just over two weeks ago; see Section 19 in the version of Bill C-47 that got Royal Assent here:
https://www.parl.ca/DocumentViewer/en/44-1/bill/C-47/royal-assent
at that web page there are links to the divisions in this bill. Again, the relevant changes are in Division 19 and for what may have an impact in adopting the proposed changes to regulations, in regards to the manner and means of administering the oath of citizenship, that's set out in a new "Part VI.1" in the Citizenship Act, to follow after section 28.1 in the Citizenship Act (to see where in the act this will go, see here:
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-6.html#docCont ), beginning with new section 28.2. So far as I am aware, the date this will come into force is yet to be fixed by the Governor in Council.
In Any Event . . . No Oath Outside Canada for general grant citizenship applicants UNLESS the Minister actually adopts policies and practices allowing for it under the proposed changes in the Regulations, assuming those changes will take effect (which, again, might be waiting until the electronic administration provisions in the Citizenship Act come into force).
Many are hopeful that is the direction administration of the oath will go. There is NO guarantee it will. No guarantee that even with changes that taking the oath outside Canada will be allowed. That's wait and see country.