Question Period Note: CITIZENSHIP – Bill C-71 An Act to amend the Citizenship Act (2024)

On May 23, 2024, Bill C-71 was introduced in Parliament. Bill C-71 will establish a revised framework governing citizenship by descent, and will restore and bestow citizenship to more Lost Canadians and their descendants.

• Canadian citizenship is highly valued around the world. The Government is committed to making the citizenship process as fair and transparent as possible.
• The first generation limit to citizenship by descent has had unacceptable consequences for Canadians and their families born abroad, including those with a genuine connection to Canada.
• For this reason, the Government has introduced legislation that would extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.
• Moving forward, access to citizenship by descent beyond the first generation will be provided based on a substantial connection to Canada.
• These changes will also restore citizenship to remaining Lost Canadians and their descendants.

If pressed:
• While the first generation limit continues to be in force, interim measures are available to address proof of citizenship applications from those who may be impacted by the first generation limit.

Bill C-71 – An Act to Amend the Citizenship Act (2024)

• Bill C-71, An Act to amend the Citizenship Act (2024), was introduced on May 23, 2024 in the House of Commons.

• The Bill, if passed as is:

o on a go forward basis, would allow a Canadian parent born abroad who has a substantial connection to Canada to pass citizenship to their child born abroad beyond the first generation.

o will restore citizenship to remaining Lost Canadians who lost their citizenship due to certain outdated provisions of former citizenship legislation and give citizenship to their descendants and any children born abroad to a Canadian citizen parent beyond the first generation before the coming into force of the legislation.

o will also provide for access to the direct grant of citizenship for those born abroad and adopted by a Canadian parent before and after the coming into force of the legislation.

• No person who was previously a Canadian citizen will lose citizenship as a result of these amendments.

Bjorkquist Litigation

• On December 19, 2023, the Ontario Superior Court of Justice declared that the first generation limit is unconstitutional for many born abroad.

• On January 22, 2024, the Government announced that it would not appeal the decision recognizing that the first generation limit has had unacceptable consequences for Canadians whose children were born abroad.

• To address the Court’s decision, on May 23, 2024, the Government introduced legislation that would extend citizenship by descent beyond the first generation in a way that is inclusive and upholds the value of Canadian citizenship.

• An interim measure has been put in place for proof of citizenship applications that may be impacted by the first generation limit to citizenship by descent.

• On August 2, 2024, the Court granted an extension of the declaration of invalidity of the ruling to December 19, 2024. The Government is taking all efforts to ensure Bill C-71 receives royal assent prior to this date.

None