Canada Proposes Legislative Changes to Extend Citizenship by Descent

May 23, 2024—Ottawa — Canadian citizenship remains a coveted status globally, offering not only the right to vote and run for political office but also the privilege of holding a Canadian passport. For countless immigrants, obtaining citizenship is a critical step towards integration, granting them a profound sense of belonging in a nation celebrated for its democratic values, equality, and multiculturalism.

Legislative Evolution: A Step Towards Inclusivity

The Citizenship Act underwent significant changes in 2009, imposing a first-generation limit on citizenship by descent. Under these amendments, Canadian citizens could only pass citizenship to their children born abroad if they themselves were either born in Canada or had been naturalized before their child's birth. This meant that Canadian citizens born outside the country found themselves unable to transfer their citizenship to children born abroad, nor could they apply for a direct grant of citizenship for children born and adopted outside Canada.

In a landmark move today, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, introduced new legislation aimed at broadening the scope of citizenship by descent. This proposed change seeks to foster inclusivity while upholding the intrinsic value of Canadian citizenship.

Key Provisions of the Proposed Legislation

The new legislation proposes the following changes:

• Automatic Citizenship: It would automatically grant Canadian citizenship to individuals born abroad to a Canadian parent who was also born abroad, prior to the enactment of this legislation.
• Direct Grant of Citizenship: It extends the eligibility for a direct grant of citizenship to children born abroad and adopted by a Canadian parent, beyond the first generation.
• Physical Presence Requirement: Parents born abroad, having or adopting children outside Canada, must have accumulated at least 1,095 days of physical presence in Canada prior to the birth or adoption of their child to pass on citizenship.

Addressing "Lost Canadians"

Bill C-71, titled An Act to amend the Citizenship Act (2024), also aims to restore citizenship to "Lost Canadians"—individuals who lost or never received citizenship due to outdated legislative provisions. Moreover, the bill seeks to provide citizenship to descendants of these "Lost Canadians" and to those born abroad to a Canadian parent in the second or subsequent generations before the legislation takes effect.

Looking Ahead: Implications and Next Steps

The proposed changes in Bill C-71 are expected to resonate with many individuals potentially affected by its provisions. The bill's passage through Parliament and subsequent royal assent would mark a significant step forward for Canadian immigration policy. The government assures that it will expedite the implementation process and disseminate detailed information to eligible individuals via its official website.

As Canada continues to redefine its immigration policies, these legislative adjustments underscore a commitment to embracing a diverse citizenry while preserving the essence of what it means to be Canadian. For many, this development not only represents an opportunity for citizenship but also reinforces Canada's stature as a beacon of inclusivity and equality on the global stage.