Amendments to Canada's citizenship laws are now in effect. Here's what's changed

OTTAWA — Changes to Canadian citizenship came into effect on Monday, reversing 2009 modifications to the Citizenship Act limiting how Canadian citizenship can be passed down from parents born outside of the country.

The changes come nearly two years after an Ontario court decision ruled those changes unconstitutional, paving the way for children of Canadians born outside of Canada to become citizens.

Referred to as “lost Canadians,” the 2009 changes meant that the children of Canadian citizens born abroad would only be entitled to citizenship if their child was born in Canada — children to these parents born outside of Canada would not automatically be granted citizenship.

What the government says

The changes, said Immigration Minister Lena Diab, reflect how Canadian families live today.

“Many Canadians choose to study abroad, travel to experience another culture, or relocate for family or personal reasons and still have a meaningful connection to our country,” she said in a statement.

“This new legislation strengthens the bond between Canadians at home and around the world, and reaffirms the values we hold as a nation.”

The new rules would allow those born to at least one Canadian parent (who themselves were born outside of Canada) to claim Canadian citizenship — but only if their parent was a citizen when the applicant was born, and if that parent has “substantial connections to Canada.”

Bill C-3, which amended the Citizenship Act to facilitate these changes, came into effect on Monday.

The bill was tabled in the House of Commons in June, received royal assent on Nov. 20.

How does it work?

The new regulation is meant to address what pundits refer to as “lost Canadians” — children born to Canadian parents but unable to claim citizenship because they were born abroad.

The changes were sparked by a Dec. 19, 2023 Ontario Superior Court decision that declared the 2009 changes limiting citizenship by descent unconstitutional — a decision not challenged by the federal government.

That triggered interim measures by Immigration, Refugees and Citizenship Canada (IRCC) to support those impacted by the 2009 decision.

In order for an applicant to gain citizenship, they must prove their parent has “substantial connections to Canada” — which largely consists of proving their parent spent at least 1,095 days, or three years, in Canada prior to the birth of their child.

Who is eligible?

New applications will automatically be applied under the new legislation.

According to IRCC, those who applied to their now-suspended interim measures program are automatically transferred to the new policy — no further application is required.

Those born outside of Canada before their parent became a citizen, as well as those who previous lost their Canadian citizenship, may be able to apply for citizenship under the new rules.

Bill C-3 is the latest attempt by the federal government to comply with the 2023 Ontario court ruling.

Not able to meet a 2024 deadline to enact new legislation addressing the issue, several extensions were granted — including one granted on Nov. 18, just one day before C-3 passed third reading in the Senate, and two days before the bill became law.

Previous attempts to change the Citizenship Act died on the order paper earlier this year when Parliament was dissolved prior to the federal election.

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