CIMM – Technical Briefing Deck – October 2, 2025

Amendments to the Citizenship Act related to the Acquisition and Restoration of Canadian Citizenship

Immigration, Refugees and Citizenship Canada

Purpose

To provide an overview of An Act to amend the Citizenship Act (2025) which has four key objectives:

• Objective 1: Restore and bestow citizenship to more individuals and their descendants
• Objective 2: Establish a revised framework governing citizenship by descent
• Objective 3: Minimize distinctions for children adopted abroad by a Canadian parent
• Objective 4: Implement coherent and clear legislation

Background: Who is Canadian?

• • On January 1, 1947, the Canadian Citizenship Act came into force, marking the beginning of Canadian citizenship as a legal status, establishing three ways to acquire Canadian citizenship:
  • by birth on soil—if a person was born in Canada;
  • by naturalization—if a person immigrated to Canada and acquired Canadian citizenship status; and
  • by descent—if a person was born outside of Canada, they could derive citizenship from a Canadian citizen parent.
• A new Citizenship Act was introduced in 1977, which maintained the three ways to acquire Canadian citizenship.

Background: Citizenship by Descent

• Amendments to the Citizenship Act came into force on April 17, 2009, including the introduction of a first-generation limit to citizenship by descent, which means that a Canadian citizen parent can pass on citizenship to a child born outside of Canada if that parent was either 1) born in Canada, or 2) naturalized before the birth of their child.
• As a result of the first-generation limit, generally Canadian citizens who were born outside of Canada and acquired their citizenship through descent:
  • Cannot pass on citizenship to their child born outside of Canada; and
  • Cannot apply for a direct grant of citizenship for a child born outside of Canada and adopted.

Background: “Lost Canadians”

• “Lost Canadians” is a term that originally referred to individuals who lost or never acquired Canadian citizenship due to outdated provisions (sex, marital status, place of birth, naturalization status), which affected whether that person could derive, acquire, or lose Canadian citizenship.
• The 1977 Citizenship Act changed these outdated rules, but those who had already lost or never acquired Canadian citizenship were not remedied.
• Most of these cases were ultimately remedied by legislative amendments that were implemented in 2009 and 2015, except:

Section 8 “Lost Canadians”

• Persons born abroad to a Canadian parent in the second or subsequent generation who acquired citizenship at birth but did not apply to retain their citizenship or applied but were not successful on their application before turning 28, as required under the former section 8 of the 1977 Citizenship Act.
• Section 8 was repealed on April 17, 2009, and replaced with the first-generation limit. But those born between February 15, 1977, and April 16, 1981, who had already turned 28 years old by 2009 and had lost their citizenship, were not restored.

Descendants of previously remedied “Lost Canadians”

• While most were remedied in 2009 and 2015, their descendants born abroad in the second or subsequent generations were excluded from citizenship by descent because of the first-generation limit.

Background: Court’s Decision on First-Generation Limit

• On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions of the first-generation limit are unconstitutional. The government of Canada did not appeal the ruling because the first-generation limit has had unacceptable consequences for some Canadians whose children were born outside the country.
• The Court has granted a series of extensions of the suspension of the declaration of invalidity; the most recent to November 20, 2025.
• Legislation is needed to protect the value of Canadian citizenship, as the court’s decision has struck down the first-generation limit for many, however it is Parliament’s role to establish a revised framework for citizenship by descent. Absent of a revised framework, Canadian citizenship for many would be passed in perpetuity to future generations born outside of Canada, regardless of their connection to Canada.
• Most like-minded countries have some limits to citizenship by descent, so it is not passed on in perpetuity.
• Additionally, the Court declaration does not apply equally to all. It does not:
  • Strike down the first-generation limit for persons adopted abroad by a Canadian parent;
  • Restore citizenship to Section 8 “Lost Canadians”; and,
  • Provide citizenship to a subset of individuals born abroad before April 1, 1949, who remain subject to the first-generation limit.

Proposed Amendments to the Citizenship Act

Objective 1: Restore and bestow citizenship to more individuals and their descendants

For those born abroad before coming into force of the legislation in the second or subsequent generations:

• Restore and bestow citizenship, back to date of loss or birth, to all persons born abroad to a Canadian parent in the second or subsequent generations, which includes:
  • those impacted by the first-generation limit and born since 2009;
  • the Section 8 “Lost Canadians,” and,
  • the descendants of previously remedied “Lost Canadians.”

How the Legislation Would Work: Those Born Before Coming Into Force

Automatic Citizenship By Descent For Persons Born Abroad To A Canadian Citizen Parent

• John is born in 2011 in England. His mother is a Canadian citizen who was also born abroad.
• Current legislation: As John is born in the second generation abroad, he is subject to the first-generation limit to citizenship by descent and is not a Canadian citizen.
• New legislation: Upon coming into force, John becomes an automatic citizen by descent, retroactive to his date of birth.

Section 8 Loss of Citizenship

• Patrick was born in 1978 in Kenya. His father was a Canadian citizen who was also born abroad. Patrick was born a Canadian citizen but did not apply to retain his citizenship before he turned 28, as required by the Section 8 retention requirements in place in the legislation at the time and lost his citizenship in 2006 when he turned 28.
• Current legislation: Section 8 was repealed and replaced with the first-generation limit in 2009; Patrick’s citizenship was not restored because he was born in the second generation abroad.
• New legislation: Upon coming into force, Patrick’s citizenship is restored retroactively to the date of loss.

Automatic Citizenship By Descent For Descendants of “Lost Canadians”

• Clifford’s grandmother was born in Canada in 1938 and moved to the United States. His grandmother lost her Canadian citizenship when she married an American citizen due to the legislation in place at the time. In 2009, her Canadian citizenship was restored.
• Current legislation: The first-generation limit was introduced in 2009; while Clifford's mother is a Canadian born abroad in the first generation, Clifford is not a citizen because he was born in the second generation abroad.
• New legislation: Upon coming into force, Clifford is a citizen retroactive to his date of birth in 1998.

Proposed Amendments to the Citizenship Act

Objective 2: Establish a revised framework governing citizenship by descent

For those born abroad on or after coming into force of the legislation in the second or subsequent generations:

• Provide access to citizenship by descent beyond the first generation to those with a Canadian parent where that parent can demonstrate a substantial connection to Canada prior to their birth.
  • Substantial connection is defined as 1 095 cumulative days of physical presence in Canada.

How the Legislation Would Work: Those Born On or After Coming Into Force

Automatic Citizenship By Descent For Persons Born Abroad To A Canadian Citizen Parent

• Amy is born in 2026 in Germany. Her mother is a Canadian citizen by descent who was also born abroad. Before Amy was born, her mother lived in Canada for four years while she attended university.
• Current legislation: As Amy is in the second generation born abroad, she is subject to the first-generation limit to citizenship by descent and is not a Canadian citizen.
• New legislation: Upon coming into force, because Amy’s mother meets the substantial connection requirement, Amy becomes an automatic citizen by descent from the time of her birth.

Proposed Amendments to the Citizenship Act

Objective 3: Minimize Distinctions for Children Adopted Abroad by a Canadian Parent

For those adopted abroad before coming into force of the legislation in the second or subsequent generations:

• Provide access to the direct grant of citizenship to all persons adopted abroad by a Canadian citizen adoptive parent, including in the second or subsequent generations.

For those adopted abroad on or after coming into force of the legislation in the second or subsequent generations:

• Provide access to the direct grant of citizenship beyond the first generation to those born abroad and adopted by a Canadian parent where that adoptive parent can demonstrate a substantial connection to Canada prior to the adoption.
  • Substantial connection is defined as 1,095 cumulative days of physical presence in Canada.

How the Legislation Would Work: Persons Adopted Abroad By a Canadian Parent

Access To Direct Adoptions Grant For Persons Adopted Abroad By A Canadian Citizen Parent Before Coming Into Force

• Ali is born in 2014 in Spain. He is adopted by Canadian citizen parents in 2015, who were also born abroad.
• Current legislation: Ali is unable to apply for the direct grant of citizenship for an adopted person because his Canadian parents are unable to pass on citizenship to Ali. This is because they were born in the first generation outside Canada.
• New legislation: Upon coming into force, Ali can apply for the direct grant of citizenship and, once his application is granted, is a citizen as of the date of his grant.

Access To Direct Adoptions Grant For Persons Adopted Abroad By A Canadian Citizen Parent On or After Coming Into Force

• Jeff is born in 2026 in the United States. He is adopted by Canadian citizen parents in 2027, who were also born abroad. Before Jeff’s adoption, his Canadian citizen parents lived for five years in Canada.
• Current legislation: Jeff’s parents are unable to apply for the direct grant of citizenship for an adopted person because they cannot pass on citizenship to Jeff. This is because they were born in the first generation outside Canada.
• New legislation: Upon coming into force, Jeff’s parents can apply for the direct grant of citizenship because they have met the substantial connection requirement. Once his application is granted, he is a citizen as of the date of his grant.

Proposed Amendments to the Citizenship Act

Objective 4: Implement coherent and clear legislation

• Ensure that persons who become automatic citizens under new legislation and were previously granted Canadian citizenship have their grants of citizenship converted so that they are recognized only as citizens by descent.
• Provide citizenship by descent to eligible persons whose Canadian parent was deceased at the time of the coming into force of the legislation.
• Extend access to simplified renunciation for persons born before the coming into force of the legislation who are conferred citizenship retroactively but who do not wish to be citizens.
• Ensure that no person who was previously a Canadian citizen loses citizenship as a result of these amendments.

Annexes: Overview of the Bill (Description of Objectives)

Born abroad to a Canadian parent beyond the first generation (not currently eligible for citizenship by descent)

Backward Looking

Objective 1: Restore and Bestow Citizenship to more Individuals and their Descendants who were Deprived of Citizenship

• Automatic citizenship, no substantial connection required
• Effective date: Date of loss or birth
• Who benefits: Those currently impacted by the first-generation limit (FGL), section 8 “Lost Canadians” and descendants of remedied “Lost Canadians”

Forward Looking

Objective 2: Establish a Revised Framework Governing Citizenship by Descent Going Forward

• Automatic citizenship, substantial connection (parent must demonstrate 1,095 cumulative days of physical presence in Canada)
• Effective date: Date of birth
• Who benefits: Those whose parent meets substantial connection test prior to the birth of the child

Objective 3: Minimize distinctions for children adopted abroad by a Canadian parent

Backward Looking

• Access to direct grant of citizenship for adoptees, no substantial connection required
• Effective date: Date of grant
• Who benefits: Those currently impacted by the FGL

Forward Looking

• Access to direct grant of citizenship for adoptees, substantial connection required (parent must demonstrate 1,095 cumulative days of physical presence in Canada)
• Effective date: Date of grant
• Who benefits: Those whose Canadian adoptive parent meets substantial connection test prior to the adoption

Objective 4: Implement Coherent and Clear Legislation

• No person loses citizenship because of the amendments
• Simplified renunciation process available to those conferred citizenship retroactively but who do not wish to be citizens
• Ensure that persons who become automatic citizens because of the legislation and were previously granted citizenship have their grants converted so that they are recognized only as citizens by descent (clarifying they would be citizens back to their date of birth or loss)
• Extend citizenship to eligible persons whose Canadian parent was deceased at time of coming into force of changes

Annexes: Overview of the Bill

Remedial Legislation

Backward Looking

Objective 1: Restore and bestow citizenship to more individuals and their descendants—this will remedy those impacted by the first-generation limit, including “Lost Canadians” and their descendants.

Forward Looking

Connection

Objective 2: Establish a revised framework governing citizenship by descent—this will protect the value of citizenship based on a connection to Canada.