Canada Extends First-Gen Citizenship Limit
- The Canadian government is taking action to address issues related to citizenship by descent.
- The existing Citizenship Act includes a "first-generation limit" impacting citizenship by descent.
- In a important legal challenge, on December 19, 2023, the Ontario Superior Court of Justice declared that critical components of the first-generation limit were unconstitutional.
Canada Addresses Citizenship by Descent Challenges with Interim Measures
Table of Contents
published: March 13, 2025, Ottawa
Statement on Canadian Citizenship
The Canadian government is taking action to address issues related to citizenship by descent. The focus is on ensuring fairness and transparency in the citizenship process.
The “First-Generation Limit” and Legal Challenges
The existing Citizenship Act includes a “first-generation limit” impacting citizenship by descent. This limit means that children born outside Canada to Canadian citizens beyond the first generation typically do not automatically acquire Canadian citizenship at birth.
In a important legal challenge, on December 19, 2023, the Ontario Superior Court of Justice declared that critical components of the first-generation limit were unconstitutional.
Government response and Legislative Efforts
Acknowledging the “unacceptable consequences” of the existing law,the government chose not to appeal the court ruling.
On May 23, 2024, the government introduced former Bill C-71, officially titled “An Act to amend the Citizenship Act (2024)
,” aiming to address the court’s decision while preserving the value of Canadian citizenship.
Interim measures for Affected Individuals
To mitigate delays in the passage of bill C-71, interim measures are being implemented. These measures will support individuals affected by the first-generation limit while legislative amendments are under consideration. Consideration for a discretionary grant of citizenship under subsection 5(4) of the Act will be offered to specific groups:
Eligibility criteria for Discretionary Grants 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 had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (prioritized).
- Certain individuals born before April 1, 1949, who remain affected by the first-generation limit.
- Those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements.
Request for Extension
The government received an extension to the suspension of the Court’s declaration until March 19, 2025. A further 12-month extension is now being requested to allow time to reintroduce former Bill C-71 and enable Parliament to properly consider and enact the legislation.
Contact Data
For media inquiries, please contact:
- Renée LeBlanc Proctor
- Press Secretary
- Minister’s Office
- Immigration, Refugees and Citizenship Canada
- Renee.Proctor@cic.gc.ca
- Media Relations
- Communications Sector
- Immigration, Refugees and Citizenship Canada
- 613-952-1650
- media@cic.gc.ca
Canadian Citizenship by Descent: Your Questions Answered (2025 Update)
Canadian citizenship is highly valued,but the rules surrounding citizenship by descent can be complex. This Q&A addresses the recent changes and interim measures related to the “first-generation limit” in the Citizenship Act.
Understanding the First-Generation Limit and Its Challenges
What is the “first-generation limit” in Canadian citizenship law?
The “first-generation limit” in Canada’s Citizenship Act states that Canadian citizens born outside of Canada cannot automatically pass on thier citizenship to their children if those children are also born outside of Canada. In simpler terms, if you were born outside Canada to a Canadian citizen, your children born outside Canada might not automatically be Canadian citizens.
Why was the first-generation limit challenged in court?
The Ontario superior Court of Justice deemed parts of the first-generation limit unconstitutional on December 19,2023. The court found that the limit created unacceptable consequences for affected families,notably in circumstances where Canadian