New Canadian Citizenship by Descent Bill C-71: An Act to amend the Citizenship Act (2024)

Immigration Minister Marc Miller announced today that the federal government introduced New Canadian Citizenship by Descent Bill C-71.

The proposed legislation will extend citizenship beyond the first generation in a way that is inclusive and upholds the value of Canadian citizenship. This legislation would automatically grant Canadian citizenship to persons born abroad to a Canadian parent who is also born abroad beyond the first generation if the parents can pass a “substantial connection test.” To demonstrate a substantial connection to Canada, a Canadian parent who was born abroad would need to have a cumulative 1,095 days of physical presence in Canada before the birth or adoption of the child.

Bill C-71, would also reinstate citizenship for “Lost Canadians”—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term “Lost Canadians” has generally been used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation.

Immigration Minister Marc Miller further announced that once Parliament passes the law and it receives royal assent, they will promptly implement these changes and provide eligible individuals with more information on IRCC website.

Backgrounder: Because of the current “first generation limit” in the Citizenship Act, children born abroad to Canadian citizens who are not born in Canada often do not automatically get Canadian citizenship.

However, the Ontario Superior Court of Justice ruled on December 19, 2023, that the first generation restriction for people born abroad is unconstitutional.

The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada,” said Immigration Minister Marc Miller in a news release on Thursday. As a result of the first-generation limit, Canadian citizens who were born outside Canada cannot pass on citizenship to their child born outside Canada; neither can they apply for a direct grant of citizenship for a child born outside Canada and adopted, creating generations of so-called “lost Canadians”.

IRCC source: https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/bill-c-71-an-act-to-amend-the-citizenship-act-2024.html