Canada to Miss Deadline for Revising Citizenship by Descent Law, Causing Further Delays for Affected Individuals
The federal government of Canada will not meet the revised deadline to amend the controversial second-generation cut-off provision of the Citizenship Act. As a result, those who may be eligible for Canadian citizenship under this provision will face further delays.
In light of recent developments, the Governor General of Canada, Mary Simon, has prorogued Parliament until March 24, 2025, which effectively pushes the timeline for any potential changes to the Citizenship Act beyond the original deadline of March 19, 2025. This delay means that the long-awaited legislative reforms regarding citizenship by descent will not take place in time for those affected.
Background on the Issue
The problem stems from the second-generation cut-off rule that was introduced in 2009. Under this rule, Canadian citizens who were born abroad and acquired their citizenship by descent are unable to pass their citizenship on to their children if they, too, are born outside of Canada. This has led to a category of individuals often referred to as “lost Canadians,” who are technically entitled to Canadian citizenship but have been denied it due to these specific provisions in the law.
While Canadian citizens born within Canada or naturalized citizens are not impacted by this restriction, those affected by the second-generation cut-off have been unable to pass on their Canadian citizenship if they were born outside of the country. The issue became a legal matter in 2023 when the Ontario Superior Court of Justice ruled that the second-generation cut-off was unconstitutional, calling for the federal government to amend the law.
In response to this ruling, the court granted the government an initial six-month grace period to introduce changes, with the deadline originally set for March 19, 2025. However, due to the prorogation of Parliament, it is unlikely that these changes will be made before the deadline expires.
Impact of the Prorogation and Political Changes
On January 6, 2025, Prime Minister Justin Trudeau made a surprise announcement regarding his resignation as leader of the Liberal Party. He also requested that Governor General Simon prorogue Parliament until March 24, 2025. This unexpected development effectively halts legislative progress for the time being, including the bill that was introduced to address the citizenship issue, Bill C-71.
Bill C-71 aimed to amend the Citizenship Act to allow for the possibility of citizenship by descent for the second generation, provided the child’s parent had lived in Canada for at least 1,095 days (roughly three years) prior to the child’s birth or adoption. However, with Parliament now prorogued, Bill C-71, along with other ongoing bills, is automatically halted. Should Parliament resume without reintroducing the bill, the legislative fix for the second-generation cut-off issue may not materialize.
What Happens if the Deadline is Missed?
If the Canadian government fails to meet the extended deadline, the Ontario Superior Court may take one of two possible actions:
- Extend the Deadline: The court could grant another extension, allowing the federal government more time to pass the necessary amendments.
- Strike Down or Alter the Legislation: Alternatively, the court could remove or modify the second-generation cut-off provisions of the Citizenship Act, rendering them inoperative.
If the government fails to act and the deadline is not extended, the second-generation cut-off provisions may no longer apply, potentially granting citizenship to those who were previously excluded under this provision.
Options for Affected Individuals
While legislative changes remain pending, Immigration, Refugees and Citizenship Canada (IRCC) has introduced temporary measures to assist individuals who may be impacted by the second-generation cut-off. Affected individuals—referred to as “lost Canadians”—may apply for discretionary grants of citizenship in specific scenarios:
- Scenario 1: The applicant has already submitted a proof of citizenship application, which would be impacted by the upcoming legislative changes, and has requested urgent processing.
- Scenario 2: The applicant’s proof of citizenship application is currently under review by IRCC but has been deprioritized pending the legislative changes. However, the applicant may request urgent processing in these cases.
The reasons that may justify urgent processing include:
- Needing citizenship for access to essential benefits, such as healthcare or social services (e.g., Social Insurance Number, pension eligibility).
- Needing proof of citizenship to secure employment.
- Having to leave or return to Canada due to urgent family matters, such as illness or death.
These interim measures provide a potential lifeline for those who need citizenship urgently while waiting for permanent legislative changes.
Looking Ahead
As of now, it remains unclear whether the government will be able to meet the deadline for amending the Citizenship Act. Those affected by the second-generation cut-off rule will need to closely follow the developments in Parliament after it resumes in March 2025. The uncertainty surrounding this issue leaves many individuals in limbo, with their future Canadian citizenship hanging in the balance.
In the meantime, those who are eligible under the existing rules should take advantage of the interim measures introduced by IRCC and seek urgent processing if they qualify. However, for those who are still waiting for legislative amendments, the resolution of this issue may take longer than expected.
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