SOCI – Objective 2: Establish a Revised Framework Governing Citizenship by Descent – December 5, 2024

Key Facts and Figures

On December 19, 2023, the Ontario Superior Court of Justice declared key provisions, limiting the passing of citizenship by descent to the first generation, to be of no force and effect.
The Court’s suspension of this declaration of invalidity was initially set to expire on June 19, 2024; however, the Court granted an extension of the suspension of the declaration of invalidity to December 19, 2024.
Going forward, Bill C-71 establishes a framework for citizenship by descent that will allow for access to citizenship beyond the first generation based on substantial connection to Canada while protecting the rights and privileges of Canadian citizenship.

Those born abroad beyond the first generation on or after Bill C-71 becomes law will be recognized as citizens by descent if their Canadian parent is able to demonstrate substantial connection to Canada in the form of 1,095 days of physical presence (three years cumulative) in Canada prior to their birth.
The Bill also provides access, beyond the first generation, to the existing direct grant of citizenship for those born abroad and adopted on or after Bill C-71 becomes law by a Canadian parent who can demonstrate substantial connection to Canada in the form of 1,095 days of physical presence (three years cumulative) in Canada before the adoption.
This strikes a balance between placing reasonable limits on automatic citizenship by descent on a go-forward basis and protecting the rights and privileges of Canadian citizenship.

On a go-forward basis, a Canadian parent, who was born abroad and who can demonstrate substantial connection to Canada in the form of a cumulative 1,095 days of physical presence in Canada prior to the birth or adoption of their child, also born abroad, will be able to pass on citizenship to their child or have their child be eligible for an adoption grant.
Bill C-71 recognizes that Canadians born abroad may have an established connection to Canada and that this connection can continue to be maintained while pursuing opportunities abroad.
Requiring physical presence aligns with other means of determining connection to Canada in the Citizenship Program. For example, a physical presence assessment is used in the naturalization process.
Where a child born abroad is stateless and does not acquire citizenship as a result of their Canadian parent being unable to demonstrate substantial connection to Canada, existing grants of citizenship for stateless individuals continue to be a solution.
The Department does not track births abroad and, therefore, is unable to proactively estimate the number of persons born abroad who will become citizens as a result of Bill C-71.

What is known is that between 2019 and 2023, the Department received an average of 48,000 applications for proof of citizenship, with the majority of applications received in 2023 being from those born abroad.