SOCI – Amendments to the Citizenship Act related to Acquisition and Restoration of Canadian Citizenship – December 5, 2024

Immigration, Refugees and Citizenship Canada May 2024

Purpose

To provide an overview of An Act to amend the Citizenship Act (2024), which has two key objectives:

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

• This government legislation will also restore and bestow citizenship to all people born abroad before coming into force to a Canadian citizen parent, including “Lost Canadians”^{Footnote *} and their descendants. 

Objective 2: Establish a revised framework governing citizenship by descent.

• This government legislation aims to establish a revised framework for those born abroad on or after coming into force for citizenship by descent beyond the first generation for those with a substantial connection to Canada.

Background: Who is a 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:

• 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Canadians” is a term that originally referred to individuals who lost or never acquired Canadian citizenship due to outdated provisions (sex, marital status, place of birth, naturalization status), which affected whether that person could derive, acquire, or lose Canadian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 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 the first generation limit is 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.

Legislation is needed to protect the value of Canadian citizenship, as the court’s decision has struck down the first generation limit, however it is Parliament’s role to establish a revised framework for Citizenship by Descent. Absent of a revised framework, Canadian citizenship 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 born abroad and adopted by a Canadian parent
• Restore citizenship to Section 8 “Lost Canadians”
• Provide citizenship to some descendants of “Lost Canadians”

Parliamentarians had been working closely together on Bill S-245. This legislation considers the work the House of Commons and Senate have done, while addressing the issues raised by the Court more comprehensively.

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:

• Bestow citizenship to all persons born abroad to a Canadian parent in the second or subsequent generations, including:
  • the Section 8 “Lost Canadians”
  • the descendants of previously remedied “Lost Canadians”
• Provide access to the direct grant of citizenship to all persons born abroad and adopted by a Canadian citizen adoptive parent, including in the second or subsequent generations.

This approach will minimize differential treatment between natural-born children born abroad, and children born abroad and adopted by a Canadian citizen.

Objective 1 – Scenarios

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 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. 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 his date of birth in 1998. 

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.

Access To The Direct Adoptions Grant For Persons Adopted Abroad By A Canadian Citizen Parent

• 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.

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 generation:

• 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 1095 days of physical presence in Canada.
• 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 1095 days of physical presence in Canada.

This approach will minimize differential treatment between natural-born children born abroad, and children born abroad and adopted by a Canadian citizen.

Objective 2 – Scenarios

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.

Access To The Direct Adoptions Grant For Persons Adopted Abroad By A Canadian Citizen Parent

• 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.

Supporting Consequential Amendments

Further amendments to:

• Ensure that persons who become automatic citizens by operation of law and have previously been granted Canadian citizenship are converted to only being recognized 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 this legislation.
• Extend access to simplified renunciation for some persons born before the coming into force of this legislation who are conferred citizenship retroactively but who do not wish to be citizens.

No person who was previously a Canadian citizen will lose citizenship as a result of these amendments.