SOCI – Communications Narrative for Bill C-71 – December 5, 2024

Bill C-71, An Act to amend the Citizenship Act (2024)

Canadian citizenship is highly valued around the world, and we are committed to making the citizenship process as fair and transparent as possible.

Generally speaking, children born abroad in the first generation to a Canadian citizen—who was either born in Canada or naturalized before the child’s birth—are Canadian citizens at birth. Canadians who were born or naturalized in Canada and who then adopt a child born abroad can apply for a direct grant of citizenship for the adopted child.

However, most people born abroad to or adopted by a Canadian citizen who was also born abroad to a Canadian parent would currently not be Canadian citizens. This is referred to as the first-generation limit to citizenship by descent.

In Bjorkquist et al., the Ontario Superior Court of Justice declared that key provisions of the first-generation limit are unconstitutional. The first-generation limit remains in place until this declaration comes into effect on December 20, 2024. If C-71 is not in force before this, there will be no limits to citizenship by descent for many people born abroad to a Canadian parent.

Earlier this year, the government introduced legislation, Bill C-71, that would extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.

For those born after the bill comes into force, Bill C-71 would allow a Canadian parent born abroad who has a substantial connection to Canada to pass citizenship to their child born abroad beyond the first generation. It would also give children born abroad and adopted beyond the first generation access to the direct grant of citizenship if their parent meets the substantial connection requirement.

This legislation would also restore citizenship to “Lost Canadians” who lost their citizenship due to certain outdated provisions of former citizenship legislation, and to their descendants. It would also provide citizenship to all persons born abroad before the legislation comes into force to a Canadian citizen parent beyond the first generation.

The intent of the legislation is to automatically remedy the status of anyone already born who would have been a citizen were it not for the first-generation limit and, at the same time, to establish a new framework for citizenship by descent going forward.

While Bill C-71 makes its way through the parliamentary process and the first-generation limit continues to be in effect, an interim measure has been introduced to help those who are impacted and who are facing urgent circumstances, such as hardship or statelessness, and give them a pathway to citizenship.