SOCI – Questions and Answers – December 5, 2024

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

Q1. Why was it necessary for the Government to introduce legislation, especially when Parliament is already considering this issue under Bill S-245?

The Government of Canada believes that the citizenship process should be as fair and transparent as possible while being inclusive and protecting the value of Canadian citizenship. Bill C-71, An Act to amend the Citizenship Act (2024), would extend access to citizenship by descent beyond the first generation and provide citizenship to “Lost Canadians” and their descendants born abroad.

The Standing Committee on Citizenship and Immigration completed a study of Bill S‑245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians) on June 5, 2023. Bill S-245 as amended creates groups of people who can access citizenship, whereas the Government legislation would provide access to citizenship for a greater number of people and address the Court’s decision.

Q2. What will this legislation do?

For those born after the coming into force, Bill C-71, An Act to amend the Citizenship Act (2024), 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. It would also provide them access to the direct grant of citizenship for their child born abroad and adopted, beyond the first generation.

This legislation would also restore citizenship to “Lost Canadians” who lost their citizenship due to certain outdated provisions of former citizenship legislation, and give citizenship to their descendants. As well as children born abroad to a Canadian citizen parent beyond the first generation before the coming into force of the legislation.

Q3. Ontario's Superior Court of Justice ruled that the first generation limit is unconstitutional for many people born abroad beyond the first generation. Why is government legislation needed?

In Bjorkquist et al., the Ontario Superior Court of Justice deemed certain provisions of the Citizenship Act, including the first generation limit unconstitutional on the grounds of mobility and equality rights.

After June 20, 2024, there will be no limit to citizenship by descent for most people born to Canadian citizens abroad. Legislation is therefore needed to address certain issues arising from the Ontario Superior Court of Justice’s decision, while preserving the value of Canadian citizenship.

Q4. Who is a “Lost Canadian” and how many of them and their descendants will receive Canadian citizenship as a result of this legislation? Do you know if they're in Canada or abroad, and if so from which countries? Are you concerned about an influx?

The term “Lost Canadians” has generally been used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation.

Most cases were fixed by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. Despite this, additional changes are needed to include certain categories of “Lost Canadians” and their descendants who did not benefit from the 2009 and 2015 changes.

The Government does not track births abroad. Immigration, Refugees and Citizenship Canada (IRCC) only becomes aware of cases as people seek departmental services. The number of affected people is estimated to be low.

Q5. Will anyone lose citizenship as a result of Bill C-71, An Act to amend the Citizenship Act (2024)?

No. The Bill seeks to expand citizenship and does not take it away from anyone who is already a citizen.

Q6. Why are “Lost Canadians” and their descendants—and anyone born abroad to a Canadian citizen parent beyond the first generation before the coming into force of the legislation—automatically citizens, while others born abroad after this legislation is in force must prove they have substantial ties to Canada?

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 that will allow for access to citizenship beyond the first generation based on a substantial connection to Canada.

Q7. It is possible that someone who has a criminal conviction or is incarcerated would become a citizen automatically, as a result of the Bill? And, if so, can their citizenship be revoked?

Yes. Someone who has a criminal conviction or is incarcerated would become a citizen automatically if they meet the requirements. If someone is a citizen by descent, criminality would not result in them losing citizenship; their citizenship cannot be taken away through a revocation proceeding.

Q8. Some individuals may not wish to become Canadian citizens (for example, for legal, professional or other reasons). Will they be able to renounce their citizenship?

Those who do not wish to become citizens will be able to renounce their citizenship.

Q9. Can you explain whether citizenship will be restored to individuals who were previously denied proof of citizenship? What is the process?

If an individual believes they have a claim to citizenship under the new legislation, they can apply for proof of their citizenship once it passes. More information on this process will be available on our website.

Q10. What consultations were held in the development of this legislation, and what feedback was received from stakeholders and experts in the field of immigration and citizenship?

The Government of Canada has been working closely with members of Parliament on Bill S-245. This Bill considers the work the House of Commons and Senate have done, while addressing the issues raised by the Ontario Superior Court of Justice more comprehensively.

Q11. What type of proof or criteria will IRCC be looking for to establish “a substantial connection to Canada”?

A Canadian citizen parent is able to demonstrate a substantial connection to Canada by demonstrating 1,095 days (cumulative) of physical presence in Canada prior to the birth/adoption of their child.