This enactment amends the Citizenship Act to, among other things,
(a) ensure that citizenship by descent is conferred on all persons who were born outside Canada before the coming into force of this enactment to a parent who was a citizen;
(b) confer citizenship by descent on persons born outside Canada after the first generation, on or after the coming into force of this enactment, to a parent who is a citizen and who had a substantial connection to Canada before the person’s birth;
(c) allow citizenship to be granted under section 5.1 of that Act to all persons born outside Canada who were adopted before the coming into force of this enactment by a parent who was a citizen;
(d) allow citizenship to be granted under section 5.1 of that Act to persons born outside Canada who are adopted on or after the coming into force of this enactment by a parent who is a citizen and who had a substantial connection to Canada before the person’s adoption;
(e) restore citizenship to persons who lost their citizenship because they did not make an application to retain it under the former section 8 of that Act or because they made an application under that section that was not approved; and
(f) allow certain persons who become citizens as a result of the coming into force of this enactment to access a simplified process to renounce their citizenship.
First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
An Act to amend the Citizenship Act (2024)
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FIRST READING, May 23, 2024
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MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP |
This enactment amends the Citizenship Act to, among other things,
(a) ensure that citizenship by descent is conferred on all persons who were born outside Canada before the coming into force of this enactment to a parent who was a citizen;
(b) confer citizenship by descent on persons born outside Canada after the first generation, on or after the coming into force of this enactment, to a parent who is a citizen and who had a substantial connection to Canada before the person’s birth;
(c) allow citizenship to be granted under section 5.1 of that Act to all persons born outside Canada who were adopted before the coming into force of this enactment by a parent who was a citizen;
(d) allow citizenship to be granted under section 5.1 of that Act to persons born outside Canada who are adopted on or after the coming into force of this enactment by a parent who is a citizen and who had a substantial connection to Canada before the person’s adoption;
(e) restore citizenship to persons who lost their citizenship because they did not make an application to retain it under the former section 8 of that Act or because they made an application under that section that was not approved; and
(f) allow certain persons who become citizens as a result of the coming into force of this enactment to access a simplified process to renounce their citizenship.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
BILL C-71 |
An Act to amend the Citizenship Act (2024) |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-29
2008, c. 14, s. 2(1)
2008, c. 14, s. 2(1)
(h) the person was granted citizenship Insertion start on or after January 1, 1947 but before April 17, 2009 Insertion end , the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, Insertion start the person Insertion end took the oath of citizenship;
2008, c. 14, s. 2(1)
(i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) Insertion start and Insertion end ( Insertion start ii Insertion end ), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, took the oath of citizenship:
2014, c. 22, s. 2(6)
(a) before January 1, 1947, the person made a declaration of alienage; or
(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced Insertion start their Insertion end citizenship under any of the provisions Insertion start referred to Insertion end in clauses (1)(f)(i)(A) to (F).
2014, c. 22, s. 2(6)
2014, c. 22, s. 2(6)
(a) before April 1, 1949, the person made a declaration of alienage; or
(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced Insertion start their Insertion end citizenship under any of the provisions Insertion start referred to Insertion end in clauses (1)(f)(i)(A) to (F).
2008, c. 14, s. 2(2); 2014, c. 22, ss. 2(6), (8) and (9)(F)
(a) if
Insertion start (i) Insertion end at the time of Insertion start the person’s Insertion end birth
(A) only one of the person’s parents was a citizen and that parent was a citizen under Insertion start any of Insertion end paragraphs (1)(b), (c.1), (e), (g) Insertion start to (j) and Insertion end (o) Insertion start to Insertion end (r) Insertion start and was born outside Canada Insertion end ,
(B) only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(f) and was born outside Canada to a parent who was a citizen at the time of their birth, or
(C) both of the person’s parents were citizens under any of paragraphs (1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of a parent who was a citizen under paragraph (1)(f), that parent was born to a parent who was a citizen at the time of their birth, and
(ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth; or
End of inserted block(b) if
(i) at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions or both of the person’s parents were citizens under any of the following provisions:
Insertion start (A) Insertion end paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
Insertion start (B) Insertion end paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
Insertion start (C) Insertion end paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
Insertion start (D) Insertion end paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
Insertion start (E) Insertion end paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
Insertion start (F) Insertion end paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
Insertion start (G) Insertion end subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
Insertion start (H) Insertion end paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act, and
(ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth.
End of inserted block2014, c. 22, ss. 2(10) and (11)
2014, c. 22, s. 2(13)
2014, c. 22, s. 2(15)
2008, c. 14, s. 2(2)
(a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) Insertion start and Insertion end ( Insertion start ii Insertion end ) is deemed to be a citizen under paragraph (1)(c) from the time that Insertion start the person Insertion end ceased to be a citizen:
2014, c. 22, ss. 2(16) and (17)
(h) a person referred to in paragraph (1)(b) is deemed to be a citizen under that paragraph from the time that Insertion start the person Insertion end was born;
2014, c. 22, s. 2(19)
2008, c. 14, s. 4(2)
(a) is born outside Canada on or after the day on which An Act to amend the Citizenship Act (2024) comes into force;
End of inserted block2014, c. 22, ss. 4(9) and (10)
(a) if
Insertion start (i) Insertion end at the time of Insertion start the person’s Insertion end adoption
Insertion start (A) Insertion end only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under Insertion start any of Insertion end paragraphs 3(1)(b), (c.1), (e), (g) Insertion start to (j) and Insertion end (o) Insertion start to Insertion end (r) Insertion start and was born outside Canada Insertion end ,
(B) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under paragraph 3(1)(f) and was born outside Canada to a parent who was a citizen at the time of the adoptive parent’s birth, or
(C) both of the person’s adoptive parents were citizens under any of paragraphs 3(1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of an adoptive parent who was a citizen under paragraph 3(1)(f), that adoptive parent was born to a parent who was a citizen at the time of the adoptive parent’s birth, and
(ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s adoption; or
End of inserted block(b) if
Insertion start (i) Insertion end at any time, only one of the Insertion start person’s Insertion end adoptive parents was a citizen and that Insertion start adoptive Insertion end parent was a citizen under any of the provisions referred to in Insertion start clauses Insertion end 3(3)(b)(i) Insertion start (A) to (H) Insertion end or both of the Insertion start person’s Insertion end adoptive parents were citizens under any of those provisions, and
(ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s adoption.
End of inserted block2014, c. 22, s. 4(11)
2014, c. 22, s. 5
(iv) who are citizens as a result of the coming into force of An Act to amend the Citizenship Act (2024), who were born before the day on which that Act comes into force and who did not, before that day, become citizens by way of grant as defined in subsection 3(9);
End of inserted block8 This Act, other than section 7, comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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3 (1) Subject to this Act, a person is a citizen if
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(f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:
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(iii) the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved;
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(h) the person was granted citizenship under section 5, as it read before the coming into force of this paragraph, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, he or she took the oath of citizenship;
(i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) to (iii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, he or she took the oath of citizenship:
(2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if
(a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
(2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
(2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if
(a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
(2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
(3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada
(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;
(a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;
(a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or
(b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:
(i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
(ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
(iii) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
(iv) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
(v) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
(vi) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
(vii) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
(viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.
(4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.
(4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.
(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:
(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
(5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.
(6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.
(7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force
(a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen:
...
(h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;
(i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;
(9) In subsections (2.1) to (2.4) and (6.2), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.
(2) For the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.
(5) The Minister shall, on application, grant citizenship to a person who
(a) is born outside Canada after the coming into force of this subsection;
(4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)
(a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;
(a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;
(a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or
(b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.
(6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if
(a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and
(b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).
5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:
27 (1) The Governor in Council may make regulations
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(j.1) providing for the renunciation of citizenship by persons