Canada asks for extension to keep first-generation limit to citizenship by descent

On Dec. 19, 2023, the Superior Court of Justice Ontario found the provisions governing the first-generation limit for children born abroad unconstitutional.

Miller noted that Canada did not appeal this decision since it agreed that the current law led to unacceptable effects on Canadians with children born abroad.

On May 23, 2024, the federal government introduced the former Bill C-71, which aimed to address the Ontario court’s ruling while upholding the value of Canadian citizenship.

“Canadian citizenship is highly valued around the world,” Miller said in the statement.

Miller explained that the federal government – which received an extension to the suspension of the court’s declaration until Mar. 19 this year – has asked for another extension so that Parliament can consider and enact Bill C-71.

Interim measure

In the statement, Miller announced the approval of an interim measure seeking to support those impacted by the first-generation limit in light of the delays in passing legislative amendments to the Citizenship Act.

Miller said that the government may consider a discretionary grant of citizenship under s. 5(4) of the Citizenship Act for certain individuals:

• Those born or adopted before Dec. 19, 2023, who are subject to the first-generation limit
• Those who are born or adopted on or after that date and whose Canadian parent was physically present for at least 1,095 cumulative days in Canada before their birth or adoption, who will receive consideration for a discretionary grant on a prioritized basis
• Some of those born before Apr. 1, 1949, who remain affected by the first-generation limit
• Those who lost their citizenship under the former s. 8 of the Citizenship Act because of unmet retention requirements