Canada is set to make significant changes to its citizenship laws with the introduction of Bill C-71. This new regulation expands citizenship by descent beyond the first generation, making it more inclusive and addressing the needs of families with genuine connections to Canada. Let’s dive into what this means for Canadians abroad and their families.
Canada Expands Citizenship by Descent: New C71 Regulation Explained
On December 19, 2023, the Ontario Superior Court declared that the current restrictions on citizenship by descent, which limit it to the first generation born abroad, are unlawful. In response, the Canadian government introduced Bill C-71, aiming to expand citizenship by descent beyond the first generation. This significant change is set to impact many families with Canadian heritage living abroad.
What is Bill C-71?
Bill C-71, formally known as “An Act to amend the Citizenship Act (2024),” seeks to address the limitations imposed by previous citizenship laws. The new regulation will automatically grant Canadian citizenship to individuals born abroad to a Canadian parent who was also born abroad before the law comes into force. Moreover, it will extend access to direct citizenship grants to children born abroad and adopted by a Canadian parent beyond the first generation.
Key Changes Introduced by Bill C-71
1. Automatic Citizenship for Second Generation Abroad: Previously, Canadian citizenship by descent was limited to the first generation born abroad. Bill C-71 changes this by granting citizenship to second-generation individuals born abroad to Canadian parents who were also born abroad.
2. Direct Citizenship Grants for Adopted Children: The regulation extends the right to an immediate grant of citizenship to children born abroad and adopted by Canadian parents, surpassing the previous first-generation restriction.
3. Presence Requirement for Parents: Parents born abroad who have or adopt children born outside Canada will need to have spent at least 1,095 days (three years) of physical presence in Canada before the birth or adoption of their child to pass on citizenship.
4. Restoration for “Lost Canadians”: The bill aims to restore citizenship to “Lost Canadians,” individuals who lost or never acquired citizenship due to outdated provisions of previous citizenship laws. This includes descendants of these individuals.
Impact on Canadian Families
These changes are expected to have a profound impact on Canadian families living abroad. By removing the first-generation restriction, the law acknowledges the genuine connection many people have with Canada, despite being born outside its borders. This will influence life decisions related to residency, employment, education, and family planning.
Movement Minister Marc Miller’s Statement
Marc Miller, the Movement Minister, highlighted the unfair implications of the existing restrictions, which excluded many individuals with a genuine connection to Canada. He emphasized that the new regulation aims to rectify these issues, making Canadian citizenship more inclusive and fair.
Legal and Social Implications
The introduction of Bill C-71 follows a significant legal ruling by the Ontario Superior Court, which deemed the previous first-generation limit unlawful. This decision underscores the importance of adapting citizenship laws to reflect modern realities and familial connections.
Next Steps
If Bill C-71 passes in Parliament and receives royal assent, the government has committed to implementing these changes as swiftly as possible. This will involve updating administrative processes and ensuring that eligible individuals can take advantage of the new provisions promptly.
Conclusion
Canada’s new C71 regulation represents a major shift in the country’s approach to citizenship by descent. By extending citizenship beyond the first generation and addressing the needs of “Lost Canadians,” the government is fostering a more inclusive and equitable system. For many families with Canadian heritage living abroad, these changes will provide long-awaited recognition and connection to their homeland.
FAQs
What is Bill C-71?
Bill C-71 is a new regulation that amends the Citizenship Act, expanding citizenship by descent beyond the first generation and restoring citizenship to “Lost Canadians.”
Who benefits from the new regulation?
The regulation benefits individuals born abroad to Canadian parents who were also born abroad, children born abroad and adopted by Canadian parents, and descendants of “Lost Canadians.”
What are the requirements for parents to pass on citizenship?
Parents must have spent at least 1,095 days (three years) physically present in Canada before the birth or adoption of their child.
What are “Lost Canadians”?
“Lost Canadians” are individuals who lost or never acquired Canadian citizenship due to outdated provisions of previous citizenship laws.
When will the changes come into effect?
The changes will come into effect once Bill C-71 passes in Parliament and receives royal assent. The government aims to implement these changes as quickly as possible.