The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, issued the following statement:
"Canadian citizenship is highly valued around the world. As Minister of Immigration, Refugees and Citizenship, I'm committed to making the citizenship process as fair and transparent as possible.
The Citizenship Act currently includes a "first-generation limit" to citizenship by descent, which means that children born abroad to Canadian citizens beyond the first generation generally do not acquire Canadian citizenship automatically at birth.
On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions setting out the first-generation limit for those born abroad are unconstitutional.
The government agrees that this law as it currently stands has had unacceptable consequences for Canadians whose children were born outside the country. For this reason, we did not appeal the ruling. On May 23, 2024, we introduced former Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court's decision while upholding the value of Canadian citizenship.
To address delays in passing Bill C-71, I am approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act. Individuals in the following groups will be offered consideration for a discretionary grant of citizenship under subsection 5(4) of the Act:
- those born or adopted before December 19, 2023, who are subject to the first-generation limit
- those born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (they will be offered consideration for a discretionary grant on a prioritized basis)
- certain individuals born before April 1, 1949, who remain affected by the first-generation limit
- those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements
The government was granted an extension to the suspension of the Court's declaration until March 19, 2025. The Government of Canada is now requesting a 12-month extension to provide time to reintroduce former Bill C-71 and allow Parliament to consider and enact the legislation.
