CItizenship Provisions

Terms of Union

43. Suitable provision will be made for the extension of the Canadian citizenship laws to the Province of Newfoundland.

* * *

Newfoundland (Consequential Provisions) Act, 1950
14. Geo 6 ch. 5 (U.K.)

2. For the purposes of the British Nationality Act, 1948--

(1) a person who, by virtue of subsection (7) of section thirty-two of that Act, was deemed to be at the date of the commencement of that Act potentially a citizen of Newfoundland shall be deemed to have been at that date potentially a citizen of Canada and not potentially a citizen of Newfoundland; and

(2) in relation to such a person, a citizenship law shall, notwithstanding the Citizenship Law (Canada) Order, 1948, made under subsection (8) of the said section thirty-two, be deemed not to have taken effect in Canada until the first day of April, nineteen hundred and forty-nin (being the date mentioned in section forty-six of the enactment of the legislature of Canada intituled the Statute Law Amendment (Newfoundland) Act, 13 Geo 6 c.6, which section relates to the extension of the Canadian citizenship laws to Newfoundland).

* * *

Statute Law Amendment (Newfoundland) Act, 1949
S.C. 1949, chap. 6

46. The Canadian Citizenship Act, chapter fifteen of the statutes of 1946, is amended by adding thereto, immediately after section forty-four thereof, the following section:

"44A. (1) A person who was a British subject on the first day of April, nineteen hundred and forty-nine and

(i) was born in Newfoundland;
(ii) was naturalized under the laws of Newfoundland; or
(iii) had Newfoundland domicile on the said first day of April;

is a Canadian citizen.

(2) A person who is a Canadian citizen by virtue of paragraph (i) of subsection one is a natural born Canadian citizen.

(3) A person who is a Canadian citizen by virtue of paragraph (ii) of subsection one shall be deemed to have been naturalized under the laws of Canada, and a certificate of naturalization issued under the laws of Newfoundland shall be deemed to have been issued under the laws of Canada at the date thereof.

(4) A person who is a Canadian citizen by virtue of paragraph (iii) of subsection one shall be deemed to have become a Canadian citizen on the day he acquired Newfoundland domicile.

(5) For the purposes of this Act, residence in Newfoundland shall be deemed to be residence in Canada, and Newfoundland domicile means domicile for at least five years."

* * *

Canadian Citizenship Act
RSC 1970, c. C-19

40. (1) A person who was a British subject on the first day of April, nineteen hundred and forty-nine and

(a) was born in Newfoundland or on a ship registered in Newfoundland,
(b) was naturalized under the laws of Newfoundland,
(c) had Newfoundland domicile on the 1st day of April 1949, or
(d) being a woman other than a woman who comes within paragraph (a), (b) or (c)

(i) before the 1st day of April 1949, was married to a man who, if this section had come into force immediately before the marriage, would have been a Canadian citizen, and

(ii) on the 1st day of April 1949, had been lawfully admitted to Canada or Newfoundland for permanent residence,

is a Canadian citizen.

(2) A person who is a Canadian citizen by virtue of paragraph (1)(a) is a natural-born Canadian citizen.

(3) A person who is a Canadian citizen by virtue of paragraph (1)(b) shall be deemed to have been naturalized under the laws of Canada, and a certificate of naturalization issued under the laws of Newfoundland shall be deemed to have been issued under the laws of Canada at the date thereof.

(4) A person who is a Canadian citizen by virtue of paragraph (1)(c) shall be deemed to have become a Canadian citizen on the day he acquired Newfoundland domicile.

(5) For the purposes of this Act, residence in Newfoundland shall be deemed to be residence in Canada, and Newfoundland domicile means domicile for at least five years.

(6) Every foundling who was first found as a deserted infant in Newfoundland shall, until the contrary is proved, be deemed to have been born in Newfoundland. R.S., c. 33, s. 39; 1967-68, c.4, s. 9

* * *

Citizenship Act
RSC 1985, c. C-29

3. Subject to this Act, a person is a citizen if

(d) the person was a citizen immediately before February 15, 1977...