Canadian citizenship offers numerous advantages including healthcare, the right to vote, and increased job opportunities, to name a few. The Citizenship Act establishes the criteria for obtaining Canadian citizenship, and circumstances under which an individual’s citizenship can be revoked or lost. Under the Canadian Citizenship Act, a person born outside of Canada would only be granted citizenship through naturalization or if one of their Canadian parents was born in Canada or was naturalized as a citizen of Canada before the child was born—citizenship by descent.
This created a generation of “Lost Canadians” which imposed a first-generation limit to those born outside of Canada. In other words, citizenship by descent did not apply to second and further generations. As a result, many individuals lost their citizenship due to this restrictive legislation. Bill C-71, An Act to Amend the Canadian Citizenship Act (2024) was introduced on May 23, 2024, by the Honorable Marc Miller who said,
“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada. This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study or even where to have children and raise a family. These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”
Substantial Connection Test
With Bill C-71, citizenship will extend beyond the first generational limit for citizenship by descent. Bill C-71 establishes a new framework for citizenship by descent, the substantial connection test. A Canadian parent born outside of Canada must have a substantial connection to Canada in order to pass citizenship to their child born abroad.
To show that a substantial connection to Canada exists, the parent who was born abroad must have been physically present in Canada for 1,095 days before the birth or adoption of their child. This remedies the issue of “Lost Canadians” who would otherwise have been granted citizenship if it were not for the first-generation limit.
What Can be Done in the Meantime?
Although Bill C-71 passed the first reading on May 23, 2024, the bill has not yet been granted Royal Assent and become law. The Government of Canada recognizes the importance of this new legislation and so we expect to see the changes implemented in the foreseeable future. For individuals with an urgent need for recognition, they can apply under Subsection 5(4) of the Citizenship Act which permits the Minister to grant citizenship to alleviate cases of statelessness for individuals with special circumstances and unusual hardship.
Conclusion
Bill C-71 takes a significant step in rectifying the long-standing difficulties “Lost Canadians” face in obtaining citizenship. Bill C-71 would apply retroactively, meaning any child who was previously excluded from obtaining citizenship due to the first-generation limit, is now eligible to receive Canadian citizenship.
If you or your loved ones are affected by these changes, it’s crucial to act now. Our expert immigration law team is here to help you navigate the complexities of Bill C-71 and secure your Canadian citizenship. To take the first step, contact Benjamin Grubner today by emailing benjamin.grubner@devrylaw.ca or calling 416-446-3328.
This blog post was co-authored by summer law student, Barbara Attia.
“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique, and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situations and needs.”
Sources:
Bill C-71: An Act to amend the Citizenship Act (2024), The Government of Canada (May 23, 2024), online: <https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/bill-c-71-an-act-to-amend-the-citizenship-act-2024.html>.
Government of Canada introduces legislation for citizenship by descent, The Government of Canada (May 23, 2024), online: <https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/government-of-canada-introduces-legislation-for-citizenship-by-descent.html>.
House of Commons Debates, 44-1, No 316 (23 May 2024) at 1005 (Hon Marc Miller).
