CIMM - Birth on Soil

Key Messages

• The Citizenship Act sets out Canada’s longstanding birth on soil law. Any changes to this law would have to carefully consider the broad implications for about 380,000 births in Canada annually.
• For example, birth certificates issued by provinces and territories and currently accepted as primary proof of Canadian citizenship would no longer be sufficient. Additional proof would be required to access many benefits and services, having significant implications for provinces and territories.
• While there is an increase in births by non-residents, statistics indicate that birth tourism is not widespread. However, the Government of Canada recognizes the need to better understand the extent of this practice and research is ongoing.

Supplementary Messages

• Any changes that would result in current birth certificates no longer being sufficient proof of citizenship, particularly in relation to accessing benefits services, would require consultation with provinces and territories. Changes would also have to provide for confirmation or establishing status of children born to non-residents. This could involve sharing birth records and immigration or citizenship information with provinces and territories for all children born in Canada.

Birth on Soil Policy

• There are no inadmissibility provisions under the Immigration and Refugee Protection Act that would prevent foreign nationals from travelling to Canada to give birth. In addition, non-residents giving birth in Canada is not considered fraud under the Citizenship Act.
• Those travelling to Canada on a temporary resident visa who indicate they are visiting Canada to give birth must demonstrate that they are able to pay for the cost of giving birth.

Consultants Promoting Birth Tourism

• Budget 2019 invested $51.9M to protect Canadians, and those seeking to start a new life in Canada, from unscrupulous immigration consultants.
• This investment will increase investigations and enforcement, expand public awareness and strengthen oversight of consultants.

Supporting Facts And Figures

• Available data suggest that between 0.1% and 1.0% of the approximately 380,000 births in Canada each year are to non-residents.
• Non-residents may include Canadians living abroad who may have chosen to return to Canada to give birth or international students studying and residing in Canada.
• Data from Statistics Canada indicate there were 356 births to non-residents in Canada in 2018. Data from the Canadian Institute for Health Information indicate there were 3,628 births in Canada by non-residents who paid for deliveries at a hospital in 2017-2018.
• There is a large difference in the reported numbers because the data are based on different sources.
• While these statistics indicate that birth tourism is not widespread, my Department is researching the extent of this practice, including how many of the non-residents are short term visitors. Research efforts are ongoing.

Background

• Statistics Canada’s Vital Statistics Birth Database is based on the official records of births in Canada. The residence information is self-reported by the parents on the registration forms.
• The Canadian Institute for Health Information derive their data from the Discharge Abstract Database, which captures administrative, clinical, and demographic information on hospital discharges originally based on administrative forms. This data is received directly from the hospital or ministry of health of the province or territory.
• Both Statistics Canada and the Canadian Institute for Health Information determine whether someone is a non-resident based on self-reported address information.
• Neither source is a perfect measure of potential “birth tourism” because it can include, for example, workers and students who are residing in Canada, as well as Canadian citizens who normally reside outside of Canada.
• The Department is undertaking research that involves linking hospital discharge data with immigration data to refine the estimate of how many of the non-residents who give birth in Canada annually are short term visitors. This research is expected to be completed by summer 2020.
• There are no inadmissibility provisions under the Immigration and Refugee Protection Act that would prevent foreign nationals from travelling to Canada to give birth. In addition, non-residents giving birth in Canada is not considered fraud under the Citizenship Act.
• Those travelling to Canada on a temporary resident visa who indicate they are visiting Canada to give birth must demonstrate that they are able to pay for the cost of giving birth.
• The hospital with the highest number of births to non-residents in Canada (excluding Quebec) is Richmond Hospital, in British Columbia.