Immigration Minister Marc Miller announced today that the federal government has tabled Bill C-71, new legislation on Canadian citizenship by descent.
The bill would extend citizenship beyond the first generation born abroad. A Canadian parent who was themselves born outside Canada could pass on citizenship to their child, as long as that parent can show a “substantial connection” to Canada. In practice, that means a cumulative 1,095 days of physical presence in Canada before the child’s birth or adoption.
Bill C-71 would also restore citizenship to so-called “Lost Canadians” — people who lost it, or never acquired it, because of outdated provisions in earlier citizenship laws.
Miller said that once the bill passes and receives royal assent, the changes will be implemented quickly, and eligible people will find updated guidance on the IRCC website.
Some background. Under the current “first generation limit” in the Citizenship Act, children born abroad to Canadian citizens who were not themselves born in Canada usually do not get citizenship automatically.
On December 19, 2023, the Ontario Superior Court of Justice ruled that this first-generation restriction is unconstitutional.
“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada,” Miller said in a news release on Thursday. Under the existing limit, Canadian citizens born outside Canada cannot pass citizenship on to a child born outside Canada, and cannot apply for a direct grant of citizenship for a child born and adopted abroad. That is how the “Lost Canadians” group came to exist in the first place.