The Canadian government is requesting an additional 12-month extension to maintain the first-generation limit on Canadian citizenship by descent. This decision follows a ruling by the Ontario Superior Court of Justice, which found key provisions of the current law unconstitutional.
What is the First-Generation Limit?
Under the current Citizenship Act, children born outside Canada to Canadian parents beyond the first generation do not automatically acquire Canadian citizenship. This law has affected many Canadians whose children were born abroad, leading to legal challenges and policy reconsiderations.
In December 2023, the Ontario Superior Court ruled that these provisions were unconstitutional. The government acknowledged the adverse impact of this law and decided not to appeal the decision. Instead, efforts were made to introduce legislative changes through former Bill C-71, which aimed to amend the Citizenship Act to address the court’s concerns while preserving the integrity of Canadian citizenship.
Interim Measures for Affected Individuals
Due to delays in passing Bill C-71, Immigration, Refugees and Citizenship Canada (IRCC) has implemented temporary measures to support those impacted by the first-generation limit. Individuals eligible for discretionary grants of citizenship under subsection 5(4) of the Citizenship Act include:
- Individuals born or adopted before December 19, 2023, who are subject to the first-generation limit.
- Individuals 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. These cases will be prioritized.
- 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.
Government’s Next Steps
Initially, the government received an extension until March 19, 2025, to implement changes in response to the court’s ruling. Now, a further 12-month extension is being sought to allow sufficient time for Parliament to review and pass the revised legislation. If granted, this extension will provide the government the necessary timeframe to reintroduce former Bill C-71 and make the required legal adjustments.
Canadian citizenship remains highly valued, and the government aims to ensure fairness and transparency in its policies. While legislative amendments are under consideration, the interim measures provide temporary relief for affected individuals. The requested extension will give Parliament additional time to refine the Citizenship Act and implement long-term solutions that align with the court’s ruling while maintaining the integrity of Canadian citizenship.
Leave a Reply