Question Period Note: Bjorkquist Et Al. And Legislation To Amend The Citizenship Act

On December 19, 2023, the Bjorkquist declaration deemed key provisions of the Citizenship Act governing citizenship by descent to be unconstitutional. Legislation has been introduced to address the Court’s decision.

• Canadian citizenship is highly valued around the world. We work hard to make the citizenship process as fair and transparent as possible.

• The government introduced legislation to extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.

• Going forward, Bill C-3 would allow a Canadian parent born abroad with substantial connection to Canada to:

o pass citizenship to their child who is born abroad beyond the first generation

o access the direct grant of citizenship for their child adopted abroad beyond the first generation

• The Bill also addresses the long-standing issue of “Lost Canadians” by restoring and bestowing citizenship to more individuals and their descendants.

Citizenship by descent and first-generation limit

• Citizenship by descent refers to the ability of a person born abroad to acquire, at birth, the citizenship of their parent. On April 17, 2009, amendments to the 1977 Citizenship Act introduced a first-generation limit to citizenship by descent.

• This means a Canadian citizen parent can pass on automatic citizenship to a child (biological or legal) born outside of Canada if that parent was either 1) born in Canada or 2) was naturalized as a Canadian citizen before the birth of the child.

• Canadian citizens who were themselves born or adopted outside of Canada cannot pass on citizenship to their child born or adopted abroad. There are limited exceptions for the children and grandchildren of Crown servants.

Lost Canadians

• “Lost Canadians” is a term that originally referred to individuals who lost or never acquired Canadian citizenship due to outdated provisions (e.g., sex, marital status, place of birth, naturalization status), which affected whether that person could derive, acquire, or lose Canadian citizenship.

• The 1977 Citizenship Act changed these outdated rules, but those who had already lost or never acquired Canadian citizenship were not remedied.

• Most of these cases were remedied by legislative amendments that were implemented in 2009 and 2015 except for those who lost their citizenship due to former retention requirements known as Section 8 Lost Canadians, as well as descendants of previously remedied Lost Canadians.

Bjorkquist Litigation

• On December 19, 2023, the Ontario Superior Court of Justice declared that the first-generation limit to citizenship by descent is unconstitutional. A decision was taken to not appeal the decision.

• The Court has granted a series of extensions to the suspension of the declaration of invalidity with the current extension set to expire November 20, 2025.

• If Bjorkquist were to come into effect on November 20, 2025, there will be no limit to the passage of citizenship by descent for many born abroad to a Canadian citizen parent. Citizenship will be able to be passed in perpetuity regardless of generation or substantial connection to Canada. However, others not covered by the Court declaration will remain limited by the first-generation limit.

• An interim measure has been put in place for proof of citizenship and adoption applications that are impacted by the first-generation limit to citizenship by descent until a government legislative vehicle to address citizenship by descent is in place.

• Under the interim measure, all individuals impacted by the first-generation limit will be offered consideration for a discretionary grant of citizenship. Individuals with urgent circumstances, such as facing situations of harm or hardship, will continue to have their applications prioritized as well as those born after December 19, 2023 whose parent can demonstrate a substantial connection to Canada.

Bill C-3

• Bill C-3, An Act to amend the Citizenship Act (2025), was introduced on June 5, 2025, in the House of Commons.

• The Bill will:

o automatically remedy the status of any person who would be a citizen today were it not for the first-generation limit or certain outdated provisions of former citizenship legislation.

o establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada.

o minimize distinctions for children adopted abroad by a Canadian parent by providing access to the direct grant of citizenship for children adopted abroad beyond the first generation.

• Substantial connection is defined as a Canadian parent’s 1,095 cumulative days of physical presence in Canada prior to the birth or adoption of their child.

• No one will lose citizenship as a result of this legislation.

Until remedial legislation comes into force or the expiry of the court’s suspension of declaration of invalidity, whichever comes first, an interim measure is in place to offer consideration to a discretionary grant of citizenship to those subject to the first-generation limit.