Canada Delays Changes to Citizenship by Descent: What It Means for “Lost Canadians”

The Canadian federal government has announced a delay in implementing changes to the rules around citizenship by descent, specifically the second-generation cut-off provision. These changes, which could significantly impact “lost Canadians,” will not happen before March 19, 2025.

Why the Delay?

Governor General Mary Simon recently prorogued Parliament until March 24, 2025. This decision means the federal government cannot amend the Citizenship Act before the deadline set by the Ontario Superior Court of Justice.

The delay is disappointing for “lost Canadians”—individuals who could be eligible for citizenship but are currently excluded due to certain provisions in the Citizenship Act. They will now have to wait even longer for the government to address these legislative issues.

Understanding the Second-Generation Cut-Off Provision

The second-generation cut-off, introduced in 2009, prevents Canadian citizens who were born abroad and gained citizenship by descent from passing on their citizenship to their own children born abroad.

This rule does not affect Canadian citizens born in Canada or those who have been naturalized. However, the Ontario Superior Court of Justice declared this provision unconstitutional in December 2023. The court initially gave the government six months to revise the law, extending the deadline multiple times—the latest being March 19, 2025.

Challenges with Bill C-71

In May 2024, the government introduced Bill C-71, proposing to extend citizenship by descent to the second generation if the parent had spent at least 1,095 days in Canada before the child’s birth or adoption.

However, since Parliament is now prorogued, the bill has effectively “died.” It remains uncertain whether Bill C-71 will be reintroduced when Parliament resumes.

What Happens If the Deadline Is Missed?

If the government misses the March 19, 2025 deadline, the Ontario Superior Court of Justice could take one of two actions:

1. Extend the deadline again, leaving the second-generation cut-off provisions in place until further changes are made.
2. Strike down or amend the existing provisions, effectively rendering the second-generation cut-off inoperative.
   
   

Interim Solutions for Affected Individuals

Immigration, Refugees and Citizenship Canada (IRCC) has implemented interim measures for those impacted by the second-generation cut-off provisions. Individuals who fall into one of these scenarios may apply for a discretionary grant of citizenship:

• Scenario 1: Applicants have submitted a proof of citizenship application affected by the cut-off and have requested urgent processing.
• Scenario 2: Applicants have a pending proof of citizenship application identified as affected by the cut-off, and they have requested urgent processing.

Urgent processing requests may be approved for reasons such as:

• Accessing citizenship-related benefits like health care, a Social Insurance Number (SIN), or pensions.
• Obtaining proof of citizenship to secure a job.
• Needing to travel due to illness or a death in the family.
  
  

Final Thoughts

While the delay is frustrating for those awaiting change, “lost Canadians” have options to address their immediate needs. If you believe you are affected by the second-generation cut-off, consider seeking urgent processing or consulting with an immigration professional to explore your options.