On May 23, 2024, the Government introduced legislation to extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.
Bill C-71 will restore and confer citizenship to all people born abroad before coming into force of this legislation to (or by) a Canadian parent, including “Lost Canadians” and their descendants.
For those born after the Bill is in force, it would allow a Canadian parent born abroad who has a substantial connection to Canada to pass citizenship to their child abroad beyond the first generation.
Under Bill C-71, substantial connection in the second generation or beyond is established by 1095 days (cumulative) of physical presence of the parent in Canada before the birth or adoption of the child.
The Bill also provides for access to the direct grant of citizenship for those born abroad and adopted by a Canadian before and after the coming into force of the legislation.
Key Messages
Canadian citizenship is highly valued around the world and we are committed to making the citizenship process as fair and transparent as possible.
Bill C-71 will extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.
It will restore citizenship to remaining “Lost Canadians,” their descendants and anyone who was born abroad to a Canadian parent in the second or subsequent generation before the legislation comes into force.
Moving forward, Bill C-71 will establish a new framework for citizenship by descent that would allow for access to citizenship beyond the first generation based on a substantial connection to Canada.
Supplementary Information
If pressed:
Under Bill C-71 can criminals and people who are a threat to Canada be Citizens?
Yes, it is possible that someone who has a criminal conviction or is incarcerated could become a citizen automatically via Bill C-71 if they meet the requirements of citizenship by descent.
As with Canadians born in Canada, if a citizen by descent commits a crime, they would be subject to any applicable Canadian criminal law. However, criminality would not result in them losing their citizenship regardless of their being born outside the country.
Canadian parents who have or adopt children abroad will not be subject to any security assessments as part of demonstrating substantial connection to Canada for the purposes of passing citizenship to their child(ren).
With Bill C-71, will people who go back generations without a connection to Canada, be “Canadians”?
On December 19, 2023, the Ontario Superior Court of Justice declared that the first-generation limit is unconstitutional for many born abroad, which generally limited citizenship by descent to persons who are born to a Canadian parent abroad in the first generation (with some exceptions).
The Government of Canada did not appeal the ruling because we agree that the law has unacceptable consequences for Canadians whose children were born outside the country.
The Court has suspended this declaration until December 19, 2024. If this declaration comes into effect prior to Bill C-71, there will be no limit to citizenship by descent for many people born to Canadian citizens abroad.
The government is introducing legislation to make the citizenship process as fair and transparent as possible.
Once Bill C-71 comes into force, automatic citizenship by descent will be bestowed to all those born abroad to a Canadian parent before the coming into force date. On and after the coming into force date, there will be a new framework governing citizenship by descent where citizenship by descent can be passed on beyond the first generation only if the Canadian parent can demonstrate their substantial connection to Canada.
