New Canada Standards To Grant Citizenship To Lost Canadians

On March 13, 2025, the Minister of Immigration, Refugee and Citizenship Canada (IRCC), Marc Miller, declared interim standards for awarding citizenship to lost Canadians.

The minister also stated that the government would demand a one-year extension to keep the first-generation cap on Canadian citizenship by descent.

This determination is based on the government’s response to delays in passing Bill C-71, a suggested rule intended to reform the way citizenship is passed to children born overseas.

Below is all you need to understand about this revealing condition, including its meaning for Canadian households, the interim standards in place, and why this is important worldwide.

Meaning Of The First-Generation CAP

The “first-generation cap” is a law in Canada’s Citizenship Act that limits who can inherit citizenship from their parents.

Under the present rule, if you are a Canadian national born outside Canada, your kids and those born overseas will not naturally become Canadian nationals.

This cap is only applied beyond the first generation, implying that kids born overseas to parents born or naturalized in Canada can inherit nationality.

Hence, the citizenship network ceases if the two parents and child are born outside Canada.

Using an illustration, imagine Peter, a Canadian born in Ontario who relocates to London and has a daughter, Sarah.

Sarah automatically became a Canadian national after Peter was born in Canada. However, if Sarah gets married in London and has a son, Tad, he will not inherit Canadian citizenship because Sarah was not born in Canada.

This is the first-generation cap in action, an approach presented in 2009 to regulate citizenship by descent.

Why This Law Is Under Fire

On December 19, 2023, the Ontario Superior Court of Justice said that the first-generation cap is unconstitutional. The court argued that this rule unfairly discriminates against Canadians born overseas, generating a lesser class of nationality.

Because of this cap, households have experienced complex options such as where to settle, get employed, and raise kids. For example, a Canadian doctor working in Mexico might delay starting a family there, understanding that their child will not share their citizenship. The authority did not oppose the ruling. Instead, it accredited the policy’s flaws.

Bill C-71: A Game-Changer That Is Stuck In Limbo

Bill C-71, formally titled An Act to Amend the Citizenship Act (2024), intends to rewrite the laws. If the law is passed, it would:

Take Out The First-Generation CAP

Canadians born overseas could pass citizenship to their children, regardless of where they are born, as long as the parent has resided in Canada for a minimum of 3 years before the child’s birth or adoption.

Retroactively Assist “Lost Canadians”

Individuals who forfeited citizenship or never obtained it because of the old rules, like the previous Section 8 retention laws, could reclaim it.

Develop A Fairer System

The bill balances inclusivity with the worth of Canadian nationality, guaranteeing a genuine relationship with the nation.

The catch is that the bill has not been passed yet. Parliament has been suspended until March 24, 2025, implying no legislation can proceed. The court’s final date to fix the rule is March 19, 2025, some days before the parliament opens again. The first-generation cap could be halted without an extension, leaving a lawful mess.

Reasons Canada Wants A 1-Year Extension

The government requests a 12-month delay to allow parliament to consider and pass Bill C-71.

The original court ruling was halted until June 19, 2024, and then prolonged to March 19, 2025, because of slow legislative advancement. With the parliament on home leave, the IRCC declares it requires until March 19, 2026, to get this right.

The delay is because it is quick to pass a law. It involves debates, committee checks, and votes in the House of Commons and Senate, together with Royal Authorization.

The suspension caused by Prime Minister Justin Trudeau’s resignation from office in January 2025 removed all pending bills, including C-71.

Starting afresh takes time, and the government desires to prevent a rushed fix.

Interim Standards: A Lifeline For Families

While parliament stalls, the minister is not leaving families behind. The minister rolled out temporary ease under subsection 5(4) of the Citizenship Act, enabling discretionary citizenship awards for specific groups.

Here is who is eligible:

• Pre-2023 cases: Anybody born or adopted before December 19, 2023, blocked by the first-generation cap.
• Post-2023 cases: Children born or adopted on or after December 19, 2023, whose Canadian parents settled in Canada for 3 years before birth.
• Pre-1949 exemptions: The cap still impacts people born before April 1, 1949.
• Former Section 8 victims: Individuals who lost citizenship at 28 under old retention laws.

Under these interim standards, people can now apply for a discretionary grant. It is not natural, but it is a start. Requests are processed via the IRCC, and evidence such as travel histories or residency documents is usually needed.

The procedure can be hastened for urgent cases, such as families requiring citizenship for school or access to healthcare.

What Takes Place If The Extension Fails

The first-generation cap could fall if the court refuses the one-year extension and March 19, 2025, passes without Bill C-71.

The Ontario Superior Court might strike it down, allowing second-generation children to claim citizenship immediately—no three-year law, no interim standards. This nuclear alternative could flood the IRCC with requests, generating chaos.

The court could award the extension but push for quicker action. Either way, families are closely observing.

How To Stay Updated

The IRCC’s subsequent stages hang on the court’s answer to this extension application. Currently, impacted households can:

• Check qualification: Go to Canada.ca for the interim standard information.
• Assemble evidence: Acquire residency histories or citizenship applications.