Canada has introduced temporary measures allowing certain individuals to apply for discretionary grants of citizenship. These measures aim to address long-standing concerns related to citizenship laws, particularly those affected by the first-generation limit and past retention requirements.
Under these new guidelines, individuals in the following situations may be eligible for a discretionary grant of citizenship:
- Those born or adopted before December 19, 2023, who are subject to the first-generation limit.
- Those born or adopted on or after December 19, 2023, if their Canadian parent meets the substantial connection to Canada requirement.
- Some individuals born before April 1, 1949, who are affected by the first-generation limit.
- Individuals who lost their citizenship due to failure to meet retention requirements under the former section 8 of the Citizenship Act.
Applications under the second category will receive priority consideration.
These interim measures follow delays in passing Bill C-71, which was introduced in 2024 to address concerns about the first-generation limit in Canada’s Citizenship Act. The Ontario Superior Court of Justice ruled this provision unconstitutional in December 2023, arguing that it created a two-tiered system of citizenship and violated the Canadian Charter of Rights and Freedoms’ protections against discrimination based on national origin.
The first-generation limit, introduced in 2009, prevents Canadian citizens by descent from passing citizenship to their children born outside Canada. In contrast, Canadians born in Canada or naturalized as citizens can pass citizenship to children born abroad. The court’s decision found this distinction unfair, and the federal government opted not to challenge the ruling, acknowledging the policy’s shortcomings.
In response, the government proposed Bill C-71 to amend the Citizenship Act, allowing Canadian citizens by descent to pass on their citizenship if they had lived in Canada for at least three years before their child’s birth or adoption. However, the bill has not been enacted into law.
The Ontario Superior Court of Justice extended the deadline for the federal government to amend the Citizenship Act three times, most recently to March 19, 2025. However, with Parliament prorogued until March 24, 2025, the government will not meet this deadline. Officials have requested an additional 12-month extension from the court. If the government fails to amend the legislation and the extension is not granted, the court may choose to strike down or modify the contested section of the Citizenship Act, rendering it inoperative.
