Canadian citizenship laws are evolving to address long-standing issues faced by Canadians born abroad and their descendants. Bill C-71 aims to rectify these issues, making Canadian citizenship more inclusive and fair. Introduced by the Honourable Marc Miller, Minister of Immigration, Refugees, and Citizenship, this legislation proposes significant changes that will impact many individuals and families.
Addressing the First-Generation Limit and Restoring Citizenship to Lost Canadians
One of the primary focuses of Bill C-71 is to address the limitations imposed by the first-generation rule. Under current law, Canadian citizenship can only be passed to a child born abroad if the Canadian parent was born or naturalized in Canada before the birth of the child. This restriction has been a source of frustration for many Canadian citizens born abroad, as it prevents them from passing on their citizenship to their children born outside Canada.
On December 19, 2023, the Ontario Superior Court of Justice declared this first-generation limit unconstitutional. The court ruling recognized the unacceptable consequences of this law for Canadians whose children were born abroad. The Government of Canada chose not to appeal this ruling, agreeing with the court’s assessment.
Bill C-71 introduces the concept of a “substantial connection to Canada” for Canadian parents born abroad who wish to pass on their citizenship to their children born abroad beyond the first generation. To demonstrate this substantial connection, a Canadian parent must have accumulated 1,095 days (three years) of physical presence in Canada before the birth or adoption of their child. This requirement ensures that those who wish to pass on their citizenship have a meaningful and sustained connection to the country.
The term “Lost Canadians” refers to individuals who lost or never acquired Canadian citizenship due to outdated provisions in previous citizenship legislation. While legislative changes in 2009 and 2015 addressed many of these cases, some individuals and their descendants were left out. Bill C-71 seeks to remedy this by restoring citizenship to any remaining Lost Canadians, their descendants, and anyone born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force.
This restoration includes those who lost their citizenship due to the former section 8 of the Citizenship Act, which required some individuals to take action to retain their citizenship by age 28. This provision primarily affected those born as the second generation abroad between February 15, 1977, and April 16, 1981, who turned 28 before the introduction of the first-generation limit in 2009.
Automatic Citizenship Conferral and Direct Grant for Adopted Children
Another significant provision of Bill C-71 is the automatic conferral of Canadian citizenship to persons born abroad to a Canadian parent who was also born abroad prior to the legislation coming into force. This automatic conferral aims to simplify the citizenship process for affected individuals and ensure that they do not face unnecessary barriers to acquiring their rightful citizenship.
Bill C-71 also extends access to a direct grant of citizenship to children born abroad and adopted by a Canadian parent beyond the first generation. This provision recognizes the diverse family structures and the importance of ensuring that adopted children have the same access to citizenship as biological children.
Canadian citizenship is highly valued worldwide, providing numerous rights and privileges, including the right to vote, run for political office, and hold a Canadian passport. For many immigrants, citizenship is a key step toward integration and a sense of belonging in a diverse and inclusive country built on principles of democracy, equality, and multiculturalism.
Implementation and Information
The Government of Canada is committed to implementing these changes swiftly once Bill C-71 passes in Parliament and receives royal assent. Detailed information will be provided on the government’s website to guide eligible individuals through the process and answer any questions they may have about the new provisions.
Bill C-71 represents a significant step toward making Canadian citizenship laws more inclusive and fair. By addressing the first-generation limit, restoring citizenship to Lost Canadians, and ensuring that adopted children have equal access to citizenship, this legislation aims to reflect the values of equality and inclusivity that are fundamental to Canadian identity.
If you or your family are affected by these changes, it’s essential to stay informed and seek guidance on how to navigate the new regulations. The process of acquiring or restoring citizenship can be complex, and professional assistance can help ensure a smooth and successful application.
