Canada Unveils Interim Measures to Restore Citizenship to Those Affected by the First-Generation Limit
Canada is introducing temporary measures that will allow individuals affected by the first-generation citizenship limit to apply for a discretionary grant of citizenship. These new provisions aim to address those impacted by the controversial restriction, which prevents certain individuals from passing on Canadian citizenship by descent.
Key Measures for Discretionary Citizenship Grants
Under these new interim measures, people in the following situations are eligible to apply for Canadian citizenship:
- Individuals Born or Adopted Before December 19, 2023: These individuals who were subject to the first-generation limit.
- Individuals Born or Adopted on or After December 19, 2023: If their Canadian parent meets the proposed substantial connection to Canada test, they may apply for citizenship.
- Individuals Born Before April 1, 1949: These people are also impacted by the first-generation limit and are eligible to apply.
- Individuals Who Lost Their Citizenship: Those who lost their citizenship due to the former retention requirements under Section 8 of the Citizenship Act.
Applicants in Situation 2 (those born after December 19, 2023, with a Canadian parent who meets the substantial connection test) will be prioritized for consideration under these new measures.
Immigration Minister Marc Miller announced these changes in a press conference on March 13, 2025.
Background on the First-Generation Limit and Bill C-71
These new measures come after a delay in the passage of Bill C-71, a proposed law designed to amend the Citizenship Act and address the first-generation limit (FGL) issue. In December 2023, the Ontario Superior Court of Justice ruled that the FGL was unconstitutional, citing violations of the Canadian Charter of Rights and Freedoms, as it created a “second-class citizen” status.
The FGL, which was introduced in 2009, restricts Canadian citizens by descent from passing on their citizenship to children born abroad. Under this rule, a Canadian citizen born in Canada or naturalized as a citizen could pass on their citizenship to their child born outside Canada. However, a Canadian citizen who gained citizenship by descent could not pass it on to their children if they were born outside Canada.
Following the court’s ruling, the federal government chose not to appeal the decision and instead introduced Bill C-71 in 2024. This proposed bill aims to remove the FGL for cases where a Canadian parent has a “substantial connection” to Canada, defined as having lived in Canada for at least three years (1,095 days) before their child’s birth or adoption.
However, Bill C-71 has not yet passed, and the government missed a crucial deadline for amendments. The Ontario Superior Court of Justice has extended the deadline for the federal government to address the issue, with the latest extension set to expire on March 19, 2025. The government is expected to miss this deadline as Parliament has been prorogued until March 24, 2025.
Potential Consequences if Deadline Is Missed
Should the federal government fail to amend the Citizenship Act by the newly extended deadline, the Ontario Superior Court may take further action, potentially striking down or rendering inoperative the portion of the Citizenship Act related to the first-generation limit.
These interim measures are a response to the ongoing delays in passing Bill C-71 and provide a temporary solution for individuals impacted by the FGL while the government continues to work on a permanent fix.
Conclusion
The federal government’s introduction of these interim measures provides a pathway for those affected by the first-generation citizenship limit to regain Canadian citizenship. While Bill C-71 remains pending, these temporary provisions are a step toward addressing the long-standing issue of citizenship by descent. As this situation develops, further updates are expected to be announced.
Note: All children born in Canada automatically receive Canadian citizenship, with some exceptions, such as children of foreign diplomats.
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