By Preet Gill, Associate Lawyer
Special to The Post

The Canadian Citizenship Act governs the process through which individuals can acquire Canadian citizenship, which is an essential part of Canadian identity. To become a Canadian citizen, you must meet several requirements. First, you must be a permanent resident of Canada and have lived in the country for at least 3 out of the last 5 years. You must also have filed your taxes (if required), passed a citizenship test on your rights, responsibilities, and knowledge of Canada, and demonstrated proficiency in either English or French. Additional requirements may apply depending on your specific situation, such as for minors or adopted children.

“There is no doubt that Canadian citizenship is highly valued and recognized around the world. We want our citizenship system to be fair, accessible, with clear and transparent rules. That’s why when issues arise around our citizenship laws, it is important that Parliament addresses them,” the Honorable Marc Miller, Minister of IRCC

A key aspect of Canadian citizenship is the ability for citizens to pass on citizenship to their children, including those born abroad. However, under the current Canadian Citizenship Act, there is a rule known as the first-generation limit (FGL), which restricts the ability to pass citizenship to children born abroad. The FGL generally means that a child born outside Canada to a Canadian parent will not automatically be a Canadian citizen unless that parent was either born in Canada or became a naturalized citizen before the child’s birth. This rule has led to some challenges for Canadian citizens born abroad who have children outside Canada, as their offspring would not be automatically granted Canadian citizenship under the current legislation.

In December 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional for many individuals, particularly those who were born abroad to Canadian parents who were also born outside Canada. This ruling is significant because it means that the current FGL could be deemed invalid for a large group of individuals, potentially paving the way for changes in the law. However, the court's decision has been suspended until March 19, 2025, which means the existing rules are still in effect for the time being.

To address this issue, Canada’s Immigration Minister Marc Miller introduced Bill C-71 in early 2024. Bill C-71, also known as An Act to Amend the Citizenship Act (2024), aims to extend Canadian citizenship by descent beyond the first generation. If passed, this bill would allow Canadian citizens who were born abroad to pass on their citizenship to children born outside Canada, provided that the Canadian parent has met certain residency requirements. Specifically, the parent must have lived in Canada for at least 1,095 days (roughly three years) before the child’s birth or adoption. This “substantial connection requirement” ensures that the parent has a meaningful link to Canada before transmitting citizenship to their child. For anyone born after Bill C-71 becomes law, the FGL limit will no longer be applicable and those seeking citizenship will be required to prove that they have a substantial connection to Canada.

On May 23, 2024, Canada’s Minister for Immigration, Refugees, and Citizenship Canada (IRCC), the Honorable Marc Miller, announced that in addition to addressing the status of Canadian decedents who were subject to the FGL, the proposed changes also aim to address most, if not all, of the “lost Canadians” and their descendants, seeking to acquire Canadian citizenship.

“The proposed legislation will extend citizenship by descent beyond the first generation in a way that is inclusive and upholds the value of our citizenship. If passed, the Bill extends automatic citizenship to anyone who was born outside of the country to a Canadian parent before the legislation comes into force,” the Honorable Marc Miller, Minister of IRCC

This proposed legislative amendment must receive Royal Assent to become law, which is expected to happen by March 19, 2025. If the bill is passed in its current form, it will create a more inclusive system, allowing more children of Canadian citizens born abroad to obtain Canadian citizenship.

In the interim, Immigration, Refugees, and Citizenship Canada (IRCC) has introduced temporary measures to assist individuals who may be impacted by the current FGL. These measures apply to applicants who are in the process of proving their citizenship and may be impacted by the FGL rule change. Under these measures, individuals who have submitted a proof of citizenship application or have one in process can request urgent processing. If their application is eligible, IRCC may grant citizenship through a discretionary process, allowing applicants to bypass the current limitations on obtaining Canadian citizenship.

In the coming months, we expect further clarification on how the Canadian government will address the first-generation limit. If Bill C-71 is passed, the new rules will be more inclusive, expanding citizenship to more individuals who meet the substantial connection requirements. However, the full implementation of these changes will depend on the final decision, which is expected to be made by March 19, 2025, as per the court's directive.

For those who believe they may be affected by these changes, it’s important to stay informed. If you’re unsure about your citizenship status or eligibility, tools like the “Am I a Canadian?” tool provided by IRCC can help clarify your situation. Additionally, if you’re looking to apply for Canadian citizenship, you may consider submitting a proof of citizenship application to confirm your status.

The Canadian Citizenship Act is undergoing a significant transformation, and while the outcome is still pending, the proposed changes reflect Canada’s ongoing commitment to inclusivity and fairness in its immigration policies. If you or your family members are impacted by the first-generation rule, it’s a good time to review your options and prepare for potential changes that could benefit you in the near future.

At present, a parent must have been born in Canada or have become naturalized Canadian citizen before the child’s birth to be able to pass Canadian citizenship to their child born abroad. Under the current limitations, children of Canadian parents born abroad may not automatically qualify for citizenship if their parent was also born abroad. The second-generation rule, which is still pending, could expand eligibility for citizenship to children of Canadians born abroad—if their parents have a substantial connection to Canada (i.e., living in Canada for at least 1,095 days).

To confirm your eligibility to acquire Canadian citizenship under the new provisions consult an immigration professional who can help you navigate the complexities of Canadian citizenship and provide up-to-date advice on your specific circumstances.

Preet Gill is an Associate Lawyer at Sas & Ing Immigration Law Centre in Vancouver, BC. She is committed to assisting clients with their immigration and residency goals in Canada. You can reach Preet by email at preet@sasanding.com or call her at 1-604-689-5444.