Federal Government Granted Extra Time to Amend Citizenship Act: Deadline Extended Again
Canadians will have to wait a bit longer for crucial changes to the Citizenship Act, specifically regarding the controversial First-Generation Limit (FGL) for citizenship by descent. On March 13, 2025, the Ontario Superior Court of Justice granted the federal government yet another extension to amend the law, this time pushing the deadline to April 25, 2025.
This delay marks the latest development in the ongoing legal battle surrounding the FGL, which has been the subject of multiple delays and judicial scrutiny.
What is the First-Generation Limit (FGL)?
The First-Generation Limit (FGL), introduced in 2009 as part of the Citizenship Act, prevents children born outside of Canada from inheriting Canadian citizenship if their parent obtained citizenship by descent. This rule has been controversial, as it denies citizenship to children born abroad to Canadians who were themselves born outside Canada or who gained citizenship by descent.
For example, under the current law, a Canadian citizen born outside of Canada to a Canadian parent who was also born outside Canada (or acquired citizenship by descent) cannot pass their Canadian citizenship onto their child, even though their parent holds Canadian citizenship.
Court Ruling and Proposed Legislation
In December 2023, the Ontario Superior Court of Justice ruled that the FGL is unconstitutional. The court argued that the law discriminates against certain individuals based on national origin, violating the Canadian Charter of Rights and Freedoms. The court emphasized that the FGL creates a second-class form of citizenship, treating people born outside of Canada differently than those born within the country.
As a result of this ruling, the federal government was tasked with amending the law to address these constitutional concerns.
In May 2024, the federal government introduced Bill C-71, which aimed to exempt Canadian parents from the FGL if they could demonstrate a “substantial connection to Canada,” such as living in the country for three years prior to the birth or adoption of their child. However, Bill C-71 did not become law, and the deadline for amending the Citizenship Act has now been extended three times, with the most recent deadline having passed on March 19, 2025.
New Extended Deadline and Legal Proceedings
On March 13, 2025, the federal government requested a further extension from the court, which was granted. The new deadline is set for April 25, 2025. In the interim, the government must submit a formal request to the court for additional time.
A hearing will be held on April 11, 2025, during which the federal government will need to present its case for why an extension is necessary. Should the court find that the government has not made sufficient progress or has failed to meet the terms set, the court may take further action.
What Happens If the Government Misses the New Deadline?
If the federal government fails to meet the April 25, 2025 deadline, the court has two options:
- Grant an Additional Extension: The court may extend the deadline further, though this would mark another delay in the resolution of the issue.
- Strike Down or Modify the FGL: The court could also choose to strike down the offending parts of the Citizenship Act, or read them down, effectively invalidating the FGL entirely.
The continued legal battle over the FGL is significant for many Canadians and those seeking citizenship by descent, as it could impact the citizenship rights of future generations.
Current Interim Measures
While the federal government works to amend the law, Immigration, Refugees and Citizenship Canada (IRCC) has put in place interim measures to support individuals affected by the First-Generation Limit.
Under these measures, individuals impacted by the FGL can apply to the IRCC for discretionary grants of citizenship. These applicants may also benefit from prioritized processing, allowing them to receive quicker responses to their requests for Canadian citizenship.
Summary of Key Dates and Information
| Date | Event | Action/Deadline |
|---|---|---|
| 2009 | First-Generation Limit (FGL) Introduced | Part of the Citizenship Act |
| December 2023 | Court Ruling: FGL Unconstitutional | Court ruling on the FGL |
| May 2024 | Bill C-71 Introduced | Aims to address FGL issues |
| March 13, 2025 | Court Grants Extension | Deadline extended to April 25, 2025 |
| April 11, 2025 | Hearing | Federal government argues for more time |
| April 25, 2025 | Deadline | New final deadline set |
What You Need to Know
If you or someone you know is affected by this issue, it’s important to stay informed as the deadline for changes to the Citizenship Act approaches. For now, those impacted by the FGL can still benefit from discretionary grants under the interim measures provided by IRCC.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
