Maple News reports that Canada’s Immigration Minister, Marc Miller, has introduced new legislation aimed at expanding access to Canadian citizenship for children born abroad. The proposed legislation—Bill C-71, An Act to amend the Citizenship Act (2024)—seeks to eliminate the current first-generation restriction on citizenship by descent and restore status to individuals known as ‘Lost Canadians.’
Under current Canadian law, only the first generation born abroad to Canadian citizens can automatically inherit citizenship. If passed, Bill C-71 would allow a second generation of Canadians born outside the country to be eligible for citizenship—provided specific conditions are met.
The bill sets a new eligibility requirement: Canadian parents born outside the country must have been physically present in Canada for at least 1,095 cumulative days (roughly three years) before the birth or adoption of their child for citizenship to be passed on. This condition is designed to ensure a tangible connection to Canada while broadening access to citizenship rights.
“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada,” Minister Miller said. “These changes aim to be inclusive and protect the value of Canadian citizenship.”
A key motivation for the reform is to address the plight of ‘Lost Canadians’—individuals who either lost their citizenship or were never granted it due to dated nationality laws. Bill C-71 aims to reinstate their citizenship rights fully, reaffirming Canada’s commitment to inclusivity and fairness within its legal framework.
The proposed changes follow a December 2023 Ontario Superior Court decision that struck down the second-generation cut-off as unconstitutional. The court ruled that the law discriminated based on national origin by treating Canadians born abroad differently from those born on Canadian soil. The federal government chose not to appeal, acknowledging the law’s detrimental consequences.
While no exact timeline has been given for the bill’s passage, Minister Miller indicated that further details would be announced if the legislation advances through Parliament and receives royal assent.
If enacted, this reform stands to impact thousands of Canadian families living abroad, offering greater legal clarity and protection for their children’s citizenship rights. Maple News will continue to provide updates as the legislation progresses.