Do you want to reconnect with your Canadian roots? Intriguing new legislation could make Canadian nationality more accessible for households globally. Please learn about how Bill C-3 aims to redefine what it means to be Canadian for generations to come.
Table of Contents
Canada Ready To Revamp Citizenship By Descent Rules
Canada is preparing to make significant modifications to its citizenship rules, offering hope to families with children born overseas. The national authority has introduced Bill C-3, a new piece of legislation aimed at extending nationality by descent beyond the first generation, reflecting modern Canadian values and the realities of global mobile households.
Reasons For The Change Now
For many years, Canada’s first-generation cap on citizenship by descent implied that Canadian nationals born outside the nation could not pass on their nationality to their children if those children were also born overseas.
This guideline, presented in 2009, exempted thousands of Canadians from passing down their citizenship, a practice the authority now considers outdated and unfair.
Minister of Immigration, Refugees and Citizenship Lena Metlege Diab stated that the change is relevant to show today’s Canada. “Being Canadian implies more than just a location of birth; it has to do with belonging, shared experiences, and a dedication to the inclusive and different community we all describe as home.”
Meaning Of Citizenship By Descent
Citizenship by descent permits an individual to inherit citizenship from a parent, even if they are born outside the nation.
In Canada’s situation, this is presently applied only to first-generation Canadian citizens born overseas, implying that the rules exempt second-generation kids unless they are born or adopted in Canada.
What Bill C-3 Will Do
If passed, Bill C-3 would bring significant changes:
- Restore Canadian nationality to persons who would be nationals today if not for the first-generation cap or older nationality laws.
- Generate a new structure that permits nationality beyond the first generation, provided the Canadian parent has expensed a minimum of 1,095 cumulative days (approximately 36 months) in Canada before the child’s birth or adoption.
This action ensures a significant connection to Canada while also identifying how globally related Canadian households have evolved.
Who Could Gain From The Change
Bill C-3 could imply a wide range of persons, mostly people:
- Born overseas to Canadian nationals who were as well born overseas
- Adopted outside Canada by parents from Canada.
- Formerly impacted by section 8 of the Nationality Act, which took away nationality from some persons at the age of 28.
- A portion of the “Lost Canadian” was refused nationality because of out-of-date rules.
Based on the past changes in 2009 and 2015, almost 20,000 persons obtained or maintained Canadian nationality. Bill C-3 intends to proceed with that advancement.
Court Ruling That Prompted The Act
The desire to amend the law occurred after a December 2023 ruling by the Ontario Superior Court of Justice. The court stated that the present first-generation cap is unconstitutional, as it is unfairly bigoted against kids born overseas to Canadian parents.
Instead of appealing the judgment, the Canadian authority accepted its flaws and dedicated to legislative changes.
What Occurs Next
Bill C-3 is required to undergo review by the Houses of Parliament and obtain royal approval before it becomes law. If endorsed, the authority pledges a simple rollout and will publicize clear directions on qualifications on its official Immigration, Refugees, and Citizenship Canada (IRCC) webpage.
Canada’s effort to extend nationality by descent highlights a significant step toward inclusivity. It identifies that the Canadian identity is not defined by geography but rather formed by a shared devotion to values, diversity, and a sense of belonging.
