Canada’s New Citizenship by Descent Legislation
Source: Immigration, Refugees and Citizenship Canada
Overview of Citizenship Changes
Being a Canadian citizen is central to the Canadian identity, offering a connection to a nation known for its diversity and inclusivity. This status is crucial for many immigrants as they integrate into Canadian society. To ensure fairness and transparency in the citizenship process, changes are being made.
The existing first-generation limit on citizenship by descent has prevented many Canadian citizens from passing citizenship to their children born abroad. This limitation no longer aligns with the modern lifestyle of Canadian families worldwide.
Introduction of Bill C-3
The Honourable Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship, has put forward a bill to address this issue. Bill C-3 aims to broaden the scope of citizenship by descent.
- It proposes to automatically grant Canadian citizenship to individuals who would qualify if not for the current generational limits or outdated legal provisions.
- A new framework will allow for citizenship by descent beyond the first generation, contingent on a Canadian parent’s substantial connection to Canada, demonstrated by at least 1,095 days of physical presence prior to their child’s birth or adoption.
Potentially impacted individuals have questions regarding the implications of these changes. Should the bill receive approval from both parliamentary houses and Royal Assent, efforts will be made to implement the changes swiftly, with further information available to eligible individuals on the government’s website.
Minister’s Statement
“Citizenship represents more than a legal status; it embodies a deep connection to Canada’s values, history, and community spirit. By ensuring those who pass on citizenship have a substantial connection to Canada, we honor this bond. It signifies that being Canadian extends beyond birthplace—it’s about shared experiences and community commitment.”
– The Honourable Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship
Key Facts
- The first Canadian Citizenship Act of 1947 had outdated provisions that led to citizenship loss or non-acquisition for many. Changes in 2009 and 2015 restored or granted citizenship to most affected individuals, turning approximately 20,000 people into citizens with certificates.
- Previously, some individuals born abroad beyond the first generation between February 15, 1977, and April 16, 1981, lost citizenship at 28 if they failed to retain it before the 2009 introduction of the first-generation limit.
- On December 19, 2023, the Ontario Superior Court of Justice deemed the first-generation limit unconstitutional. The government chose not to appeal, agreeing the law’s impact on Canadians with children born abroad was unacceptable.
Related Resources
- Backgrounder – Bill C-3, An Act to amend the Citizenship Act
- Government of Canada introduces legislation for citizenship by descent
- Backgrounder – Bill C-71: An Act to amend the Citizenship Act (2024)
- Canada will not appeal decision that strikes down first-generation limit to Canadian citizenship by descent
Contact Information
Media Contacts:
Renée LeBlanc Proctor
Press Secretary
Minister’s Office
Immigration, Refugees and Citizenship Canada
Renee.Proctor@cic.gc.ca
Media Relations
People and Communications Sector
Immigration, Refugees and Citizenship Canada
613-952-1650
media@cic.gc.ca
Frequently Asked Questions
What is Bill C-3?
Bill C-3 is proposed legislation to extend Canadian citizenship by descent beyond the first generation, ensuring inclusivity and maintaining the value of Canadian citizenship.
Who will benefit from the changes in citizenship laws?
Individuals who would be citizens today if not for the first-generation limit or outdated legal provisions will benefit, as well as their descendants.
What are the requirements for passing on citizenship to children born abroad?
Parents must demonstrate a substantial connection to Canada through at least three years of physical presence before their child’s birth or adoption.
Why did the government not appeal the court’s decision on the first-generation limit?
The government agreed with the court’s ruling that the first-generation limit had unacceptable consequences for Canadians with children born abroad.
How soon will changes be implemented if Bill C-3 is passed?
Once the bill receives Royal Assent, the government will work quickly to implement changes, with information provided to eligible individuals via the official website.
