Maple News reports that the Canadian government has announced new interim measures to extend citizenship to individuals previously excluded by the controversial ‘first-generation limit’ (FGL) in the Citizenship Act. These updates offer a temporary solution while the government works to amend the law formally.
The first-generation limit, introduced in 2009, only allows Canadian citizenship by descent to be passed to the first generation born abroad. This means children born outside Canada to Canadian citizens who themselves were born abroad could not automatically inherit citizenship. The policy has received criticism for creating a two-tiered citizenship system and was ruled unconstitutional by the Ontario Superior Court of Justice in December 2023.
In response to this ruling, Immigration Minister Marc Miller introduced Bill C-71 in 2024 to amend the Citizenship Act and address the FGL. The bill proposes allowing citizenship to be passed on to children born abroad if the Canadian parent has spent at least three years (1,095 days) physically in Canada before the child’s birth or adoption. However, Bill C-71 has not yet become law due to delays, and the federal government has requested an extension from the court until March 2026.
Due to the missed legislative deadline and the prorogation of Parliament until March 24, 2025, the government has unveiled interim measures allowing affected individuals to apply for Canadian citizenship through discretionary grants. This measure applies to four categories of people:
1. Individuals born or adopted before December 19, 2023, who are impacted by the first-generation limit.
2. Individuals born or adopted on or after December 19, 2023, if their Canadian parent satisfies the proposed substantial connection criteria.
3. Certain individuals born before April 1, 1949, who are affected by the FGL.
4. People who previously lost their citizenship due to failing retention requirements under a former section of the Citizenship Act.
According to Maple News, those in the second category, whose Canadian parent meets the three-year residency test, will be prioritized in the application process.
The discretionary process serves as a temporary fix until the legal framework is officially amended. If the government fails to pass Bill C-71 or secure a court extension, the ruling could lead to the invalidation of the first-generation limit entirely, potentially expanding access to citizenship for many more individuals.
These developments represent a significant shift in Canadian citizenship policy and offer relief to thousands of ‘Lost Canadians’ — people previously denied citizenship through no fault of their own. The government’s current approach signals a broader commitment to equity, family unity, and adherence to constitutional principles.