The reality check on Bill C-3, how the unlimited time period to claim Canadian citizenship by the second generation and beyond without the same five-year period as Permanent Residents is being perceived by organizations and potential beneficiaries:
Canada has introduced Bill C-3, a groundbreaking piece of legislation that seeks to overhaul the country’s citizenship laws, making it easier for global families to claim Canadian citizenship and access travel benefits. This new law expands citizenship by descent beyond the first generation, allowing individuals born abroad to Canadian citizens to inherit citizenship, provided their Canadian parent has maintained a strong connection to the country. The reform comes in response to the outdated 2009 rule that limited citizenship for second-generation Canadians born outside Canada, ensuring a more inclusive approach for families with Canadian roots worldwide. By offering a broader definition of Canadian identity, Bill C-3 aims to enhance both the nation’s diversity and global connectivity, providing more opportunities for travel and connection with Canada.
Canada is set to make a profound change to its citizenship laws through the introduction of Bill C-3, a new piece of legislation designed to significantly expand citizenship by descent. This bill aims to extend Canadian citizenship eligibility to individuals born abroad, beyond the first generation, allowing more people with Canadian heritage to reclaim their citizenship.
A New Path to Reconnect with Canadian Roots
Are you looking to reconnect with your Canadian heritage? Thanks to recent legislative advancements, Bill C-3 offers a golden opportunity for families across the globe to reconnect with their Canadian roots. This bill holds the potential to redefine what it means to be Canadian, making citizenship more accessible for individuals worldwide, especially those born to Canadian parents outside the country.
A Major Shift in Citizenship Rules
Bill C-3 marks a monumental shift in Canadian citizenship policy. The federal government’s new legislation aims to overhaul the existing rules, which have long been criticized for limiting citizenship by descent to only the first generation born abroad. Introduced in 2009, the previous policy prevented many Canadians who were born overseas from passing their citizenship to their children if those children were also born outside of Canada. This limited approach excluded many individuals with strong Canadian ties, an issue that the new bill seeks to address by broadening the scope of who can claim Canadian citizenship.
The Need for Change: Why Now?
For years, Canada has maintained strict limitations on citizenship by descent. Under the 2009 legislation, children born abroad to Canadian citizens were only eligible for citizenship if their parent was born in Canada or if the parent was a first-generation Canadian citizen. This limitation meant that second-generation Canadians born outside the country were excluded from claiming Canadian citizenship, even though they had deep familial ties to the nation.
The outdated policy was seen as unjust, leaving many individuals—who identify strongly with Canada and its values—unable to claim citizenship. Acknowledging the flaws of this system, the Canadian government has decided to make citizenship by descent more inclusive and accessible, opening the door to a new generation of Canadians.
What is Citizenship by Descent?
Citizenship by descent refers to the practice of granting nationality to children born outside the country if one of their parents is a citizen. In Canada, this system has traditionally been limited to the first generation born abroad. The law excluded second-generation Canadians unless they were born or adopted within Canada’s borders. As a result, many children of Canadian citizens born overseas found themselves without Canadian citizenship, despite their parent’s national ties.
The Key Changes Introduced by Bill C-3
If passed, Bill C-3 would fundamentally alter the citizenship landscape by expanding eligibility. The key provisions of the bill include:
- Restoration of Citizenship: Individuals who would have been Canadian citizens had it not been for the first-generation limit will automatically regain their citizenship under the new rules.
- Expanded Citizenship by Descent: The new legislation would permit the children of Canadian parents—born abroad to be eligible for citizenship, as long as their Canadian parent has lived in Canada for at least 1,095 cumulative days (approximately three years) prior to the child’s birth or adoption. This change reflects the importance of maintaining a strong connection to Canada while also acknowledging the global nature of Canadian families.
These changes offer an inclusive and practical approach to citizenship, ensuring that the bond between Canadians and their descendants is not lost due to arbitrary geographic boundaries.
Who Will Benefit from Bill C-3?
The passage of Bill C-3 is expected to benefit a large group of individuals, particularly those who:
- Were born abroad to Canadian citizens who themselves were born outside of Canada.
- Were adopted outside of Canada by Canadian parents.
- Were affected by previous provisions of the Citizenship Act, such as section 8, which stripped citizenship from some individuals once they reached the age of 28.
- Are part of the “Lost Canadians,” individuals who were denied citizenship due to outdated legal frameworks.
Since the 2009 and 2015 reforms, approximately 20,000 individuals have regained or gained Canadian citizenship. Bill C-3 seeks to build on this progress by restoring citizenship to those affected by the previous law, extending a helping hand to even more people with Canadian roots.
A Court Ruling Accelerates the Reform Process
The call for change was given a significant boost following a ruling by the Ontario Superior Court of Justice in December 2023. The court determined that the first-generation rule was unconstitutional, as it unfairly discriminated against children born abroad to Canadian citizens. The ruling underscored the need for legislative reform, and instead of appealing the decision, the Canadian government acknowledged its flaws and pledged to address them through the introduction of Bill C-3.
This ruling confirmed the government’s commitment to upholding fairness and ensuring that Canadian citizenship is available to those who are entitled to it, regardless of where they were born.
What Happens Next?
Bill C-3 must now undergo the legislative process before it becomes law. The bill must be passed by both Houses of Parliament and receive Royal Assent before it can be enacted. If the bill is approved, the Canadian government has pledged to swiftly implement the changes and provide clear guidelines on eligibility through the Immigration, Refugees and Citizenship Canada (IRCC) website.
This means that eligible individuals could soon be able to reconnect with their Canadian identity, allowing them to enjoy the rights, privileges, and opportunities that come with Canadian citizenship.
Final Thoughts: A More Inclusive Canada
Bill C-3 represents an important step forward in making Canadian citizenship more accessible and inclusive. By extending citizenship by descent to second-generation Canadians born abroad, Canada is acknowledging the increasingly global nature of families and communities. It emphasizes that Canadian identity is not confined to geography, but is shaped by shared values of diversity, inclusivity, and belonging.
Canada introduces Bill C-3 to extend citizenship by descent beyond the first generation, enabling more global families to claim Canadian nationality. This reform reflects Canada’s commitment to inclusivity and recognizes the growing international ties of Canadian families.
As this legislation progresses through Parliament, it holds the potential to strengthen the connection between Canada and its global diaspora, ensuring that more individuals with Canadian heritage are able to claim their rightful place in the country’s future. Whether for personal or professional reasons, this legislation could be a game-changer for many seeking to establish or reconnect with their Canadian roots.
Source: Canada Introduces New Citizenship Reform With Bill C-3, Opening Doors For Global Travel And Family Connections
Also, Canada’s new bill to grant citizenship to thousands of people
A proposed bill in Canada could open the path to citizenship for thousands, potentially impacting Indian-origin residents and skilled workers. Immigration Minister Lena Diab tabled legislation Thursday to restore citizenship to the “lost Canadians” after a court found the existing law unconstitutional.
The term refers to people who were born outside of the country to Canadian parents who were also born in another country. In 2009, the federal Conservative government of the day changed the law so that Canadians who were born abroad could not pass down their citizenship if their child was born outside of Canada.
That law was deemed unconstitutional by the Ontario Superior Court in December 2023 and the Liberal government did not challenge the ruling. The government received its fourth deadline extension to pass legislation to address the issue in April.
It applied for a one-year extension, but Justice Jasmine Akbarali set a Nov. 20 deadline, saying that should be enough time for the government to implement “remedial legislation” if it makes it a “priority.”
Akbarali has criticized the government’s handling of the legislation in her decisions to grant extensions, citing the harm that could follow if the Stephen Harper-era law were to be declared invalid without replacement legislation.
Children born in Canada automatically receive Canadian citizenship at birth, regardless of the nationality of their parents, subject to some exceptions, such as children of foreign diplomats.
Children of second-generation Canadian citizens who meet the substantial connection to Canada test need not wait for the legislation to pass; they can already apply for discretionary grants of Canadian citizenship under the existing interim measures.
Multicultural Meanderings 