Discretionary grant — special and unusual hardship (s.5(4))
Citizenship in Canada
- Eligibility
- The Minister MAY, in discretion, grant citizenship to alleviate cases of special and unusual hardship (s.5(4)). Fully discretionary; case-by-case; reviewable on reasonableness. Distinct limb of s.5(4) from statelessness and exceptional-services.
- Renunciation
- Not required
Overview
CA-SPC-02 is the discretionary grant of Canadian citizenship to alleviate cases of 'special and unusual hardship' under section 5(4) of the Citizenship Act, R.S.C. 1985, c. C-29. Section 5(4) provides that, despite any other provision of the Act, the Minister of Citizenship and Immigration MAY, in his or her discretion, after reviewing a person's particular circumstances, grant citizenship to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada. This route is the special-and-unusual-hardship limb specifically — one of three distinct discretionary limbs that share the single s.5(4) provision (the statelessness limb is CA-SPC-01; the exceptional-services limb is CA-SPC-04). The grant is fully discretionary ('may... in his or her discretion'), exceptional, and decided case-by-case on the applicant's particular circumstances. It is administered federally by IRCC. As of 2026-06-01 the special-and-unusual-hardship limb is unaffected by Bill C-3 (S.C. 2025, c. 5), which reformed descent and adoption but did not amend s.5(4). It is not a substitute for the ordinary s.5(1) adult grant and is not awarded simply because an applicant narrowly misses a routine requirement.
Fees & cost
There is no separate published fee schedule branded for the s.5(4) special-and-unusual-hardship discretionary grant as of 2026-06-01; IRCC's citizenship-and-immigration fee list does not enumerate a distinct 's.5(4) hardship grant' line item. The fee items IRCC does publish, for context, are: adult (18+) citizenship grant total CAD 653.00 (CAD 530.00 processing + CAD 123.00 Right of Citizenship Fee, the RCF having risen to CAD 123.00 effective 2026-03-31); minor (under 18) grant CAD 100.00 (processing only, no RCF); citizenship certificate / proof of citizenship CAD 75.00; search of citizenship record CAD 75.00; resume citizenship (18+) CAD 530.00; and renounce citizenship (standard s.9) CAD 100.00. Stale figures such as a CAD 630 total or a CAD 100/119.75 RCF must not be cited as current. As of 2026-06-01 no s.5(4)-specific fee figure is independently sourced; any fee applicable to a particular discretionary grant should be confirmed directly with IRCC and not inferred from the s.5(1) total. Note Canada has NO citizenship-by-investment program — s.5(4) is not a paid pathway and the discretion cannot be purchased.
Legal basis
The controlling provision is Citizenship Act s.5(4): 'Despite any other provision of this Act, the Minister may, in his or her discretion, after having reviewed a person's particular circumstances, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.' The 'special and unusual hardship' limb is the long-standing core of s.5(4): it predates the statelessness ground, which was added only by Bill C-6 (S.C. 2017, c. 14); before C-6 the limb covered solely special-and-unusual-hardship and services of exceptional value. The controlling statute is the Citizenship Act, R.S.C. 1985, c. C-29 (s.1 short title), administered by IRCC under the Minister. The 'Despite any other provision of this Act' opening means s.5(4) can override the ordinary s.5(1) criteria (PR status, physical presence, language, knowledge, tax filing) where the Minister exercises the discretion. The applicable definitions are at s.2(1) (including 'Court' = Federal Court). As of 2026-06-01 s.5(4) is in force in this wording and was not amended by S.C. 2025, c. 5 (Bill C-3).
Example scenarios
discretionary
s.5(4) is permissive ('may ... in his or her discretion'). Where the hardship is genuinely special and unusual and a grant would alleviate it, the Minister MAY grant — but there is no entitlement, so the outcome turns entirely on the discretionary assessment of her particular circumstances. A refusal would be reviewable only on the reasonableness standard (Vavilov 2019 SCC 65).
ineligible
An ordinary shortfall in physical presence is not 'special and unusual hardship.' s.5(4) is a residual route of last resort, not a way to bypass routine s.5(1) requirements at will; the threshold demands hardship beyond the ordinary, which Devon does not have. He should reapply under s.5(1) when he reaches 1,095 days.
ineligible
The hardship limb is not the route for statelessness as such — statelessness has dedicated channels (CA-SPC-01 discretionary; CA-SPC-03 mandatory). Merging the limbs is a known error: s.5(4) hardship and the statelessness routes are legally distinct. Her case should be redirected to the statelessness framing; only if those do not fit and statelessness combines with atypical hardship would the hardship limb come into play.
discretionary
s.5(4) opens 'despite any other provision,' so the Minister CAN consider the request, but the removal order and s.22 integrity concerns are strong negative considerations and there is no entitlement. The most likely realistic outcome is refusal, but the decision is discretionary and individualized; any refusal is reviewable only on reasonableness (Vavilov).
Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-06-01.
Track changes to this route
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