Regarding the technicalities . . . for those interested in the more weedy aspects. To emphasize that, indeed, to "scrap the oath ceremony" is NOT within the power of IRCC, and it requires an act of Parliament to make it otherwise.
Bias disclaimer: Must acknowledge that personally I may have some bias about this subject, a bias apparently strong enough to overcome my general disfavor toward regal or religious impositions (yeah basically, ideologically, I'm a commie), since my own oath ceremony was a deeply moving experience shared with several dozen people from literally all around the world, whose celebratory excitement and joy was deeply embedded in and expressed throughout the ceremony, and it was one of the most important events and best days in my life, me being one of those who can emphatically proclaim that coming to Canada is worth it (for me). And I get it if anyone questions how could I be a commie and yet relish the act of affirming allegiance to a Monarch . . . but that's a philosophical tangent, in part a bit about Maoist contradiction, for another forum, another day.
For clarity:
@scylla was responding to the proposition that "
IRCC scrap the oath ceremony," and accurately pointed out that IRCC does NOT have the authority or power to do that
. I will add that neither does the Minister.
@scylla further pointed out that any changes to the Citizenship Act require an Act of Parliament, and briefly described the process, followed by a link which explains it in detail, rather than enumerate details about what that means (as I am wont to do, in contrast, making my posts much longer).
In contrast,
@MrChazz inaccurately (way off) states that "
All [the Citizenship Act] "
says is that a person must make the oath."
Even if that erroneous statement is interpreted or understood assuming it is referring to all that is stated in the Citizenship Act in regards to the "
oath" (recognizing that the Citizenship Act obviously says and covers far, far more), it is nonetheless way off . . . leaving aside, as well, whatever "
make" the oath means . . . I will assume "
takes" the oath was intended, since among other things the Citizenship Act says about the oath, it explicitly references
taking the oath.
For further clarity, in addition to scores of references to the oath in the Citizenship Act, the key provision limits being a citizen (under adult grant citizenship process) to persons who have "
taken the oath of citizenship," as prescribed by Citizenship Act Section 3(1)(c) (
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#h-81636 ).
Thus, apart from all the other references in the Citizenship Act to the oath, there is NO doubt:
IRCC does NOT have the authority to scrap taking the oath as a requirement to become a naturalized citizen as an adult (there are ways of becoming a citizen that do not require taking the oath, such as being born in Canada; naturalized citizens under the age of 14 do not need to take the oath).
In short: Taking the oath is explicitly required by the Citizenship Act and, as
@scylla pointed out, IRCC cannot change this.
Can IRCC change the manner in which the oath is taken?
NO. Here too, an Act of Parliament would be necessary for IRCC to have the authority to change the manner in which the oath must be taken.
More into the weeds, for any interested . . .
Manner of Taking the Oath to Become a Canadian Citizen:
Part I The Way It Is:
@diljitdosanjh's proposition is to "
scrap" the oath ceremony. Since the manner in which an oath is taken is inherently a formal, solemn procedure that is ceremonial in nature, this seemed to be about eliminating the requirement to take the oath itself. This is a proposition that surfaces in this forum from time to time. It is of course an unrealistic,
no chance of it happening in the foreseeable future, proposition. And, as noted, that would require an Act of Parliament (not just action by Parliament, but the formality of enacting an Act of Parliament).
@MrChazz asserts that
@diljitdosanjh's suggestion was not about doing away with the oath, but just about the "ceremony."
Probably not. Note, in particular, the nature and meaning of "
oath" itself incorporates an element of solemnity and gravity at the least suggesting, if not mandating, a procedure significantly more formal and serious, essentially ceremonial, than a mere written affirmation. The Citizenship Act itself refers to the "
ceremonial procedures" performed by Citizenship Judges and as far as I can find the only ceremonial procedure implicated in Citizenship Act is the administration of the oath. No stretch in statutory construction necessary to conclude that the many references to the oath in the Citizenship Act means a formal, solemn, ceremonial procedure.
That interpretation or construction is further implicated in the Regulations governing the "
ceremonial procedures" of Citizenship Judges, and the oath of citizenship, in the Citizenship Regulations. See Regulations 17 and 19, respectively, here:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-93-246/page-2.html#h-952206
And make no mistake, there are some fairly specific requirements governing the ceremony attendant the grant of citizenship.
Part II Revising The Way It Is:
Perhaps the OP's proposition is intended to merely be a suggestion that the manner of taking the oath be revised . . . that the formal act, the procedure for taking the oath, not be a "
ceremony," that rather there be a less ceremonial procedure. Perhaps allowing the oath be taken by making a written affirmation, as suggested by
@MrChazz.
Again,
IRCC also does NOT have the power or authority to make any such change. Again, as
@scylla noted, an Act of Parliament would be required to give IRCC such authority. The manner in which the oath is administered is explicitly governed by Regulation, which requires a legislative process which, while not as onerous as revising statutes, is not within the power of IRCC to do and involves strict formalities that render making such changes difficult and political, well outside the scope of the bureaucratic and administrative purview of IRCC.
In regards to the suggestion that, "
in principle," the oath "
can be done in writing," there is no support for that proposition in the current law.
Current law mandates that the oath of citizenship "
shall" be taken at a citizenship ceremony. (Regulation 19)
An exception to taking the oath at a citizenship ceremony is allowed IF "
the Minister otherwise directs" (which may be the authority for currently allowing the oath to be administered virtually, although I believe these are still described or characterized as a "ceremony"). For Section 5(1) grants of citizenship, there is no such exception, however, to the requirement that a person "
take the oath of citizenship by swearing or solemnly affirming it before a citizenship judge." (Noting, again, that IRCC does not have any power to change this; nor does the
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