5.4 (1) An application made under subsection 5.1(3) of the Act in respect of a person who is a minor on the date of the application shall be
(a) made to the Minister in the prescribed form and signed by
(i) a citizen who is a parent of the person, or
(ii) a non-citizen parent, or a legal guardian, of the person;
(b) countersigned by the person if he or she has attained the age of 14 years on or before the date of the application and is not prevented from understanding the significance of the application because of a mental disability; and
(c) filed, together with the materials described in subsection (2), with the Registrar.
(2) For the purposes of paragraph (1)(c), the materials required by this section are
(a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;
(b) evidence that establishes that a parent of the person was a citizen at the time of the decision that was made abroad in respect of the adoption;
(c) in the case of an application made by a non-citizen parent or a legal guardian, a certified copy of an order of a court of competent jurisdiction, or other evidence, that establishes that the applicant is a parent or legal guardian of the person;
(d) in the case of a person who has attained the age of 14 years on or before the date of the application but has not countersigned the application, evidence that establishes that the person is prevented from understanding the significance of the application because of a mental disability;
(e) evidence that establishes that the decision that was made abroad in respect of the adoption took place on or after January 1, 1947; and
(f) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act.
- SOR/2007-281, s. 2
- SOR/2009-108, s. 11
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