Bill C-71: Reforming Canadian Citizenship for Children Born Abroad

Introduction

In a significant move to amend the Citizenship Act, Bill C-71 is set to bring about much-needed changes to how citizenship is passed on to children born outside Canada. This legislation addresses the limitations of the first-generation rule and ensures fairer access to citizenship for Canadians with substantial connections to the country.

Background on the First-Generation Limit

The Citizenship Act currently limits the ability to pass on citizenship to children born outside Canada to the first generation only. This means a Canadian citizen parent can pass on their citizenship if they were either born in Canada or naturalized before their child's birth. However, Canadian citizens born outside the country cannot pass on their citizenship to their children born abroad, nor can they apply for a direct grant of citizenship for an adopted child born abroad.

Court Ruling and Government Response

On December 19, 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional. The Government of Canada chose not to appeal this decision, acknowledging the unfair consequences it imposed on Canadian families with children born abroad.

Key Provisions of Bill C-71

• Automatic Citizenship Remedy:
  Bill C-71 will automatically grant citizenship to individuals who would have been citizens if not for the first-generation limit. This immediate remedy addresses past injustices and simplifies the citizenship process for affected families.
• New Framework for Citizenship by Descent:
  Going forward, the legislation introduces a substantial connection test for citizenship by descent beyond the first generation. This test ensures that Canadian parents born abroad can pass on their citizenship if they have a significant connection to Canada.
• Substantial Connection Test:
  To qualify under the substantial connection test, a Canadian parent born abroad must have accumulated 1,095 days of physical presence in Canada before the birth or adoption of their child. This ensures a meaningful link to the country, reinforcing the bond between Canadian citizens and their homeland.
  
  

Addressing "Lost Canadians"

The term "Lost Canadians" refers to individuals who lost or never acquired citizenship due to outdated provisions of previous citizenship laws. While amendments in 2009 and 2015 resolved many of these cases, Bill C-71 aims to cover additional categories of Lost Canadians and their descendants.

Restoring Citizenship:

The new legislation will restore citizenship to any remaining Lost Canadians, their descendants, and individuals born abroad to Canadian parents in the second or subsequent generations. This includes those who lost their citizenship due to former requirements under section 8 of the Citizenship Act.

Conclusion

Bill C-71 represents a significant step towards making the Canadian citizenship process more equitable and transparent. By addressing the limitations of the first-generation rule and extending citizenship rights to those with substantial connections to Canada, the government is ensuring that Canadian families abroad are not unjustly excluded from the benefits of citizenship. This legislation reaffirms Canada’s commitment to inclusivity and fairness in its immigration and citizenship policies.