Acquisition of Citizenship

This section explains the definition of a citizen as specified in section 3. It lists the ways in which a person could acquire Canadian citizenship as described in sections 5 and 11 of the Citizenship Act.

• Citizen by birth on Canadian soil [paragraph 3 (1) (a)]
  • This applies if the date of birth of the citizen is on or after February 15, 1977
  • The provisions specified in paragraph 3 (1) (a) specify that a person is a Canadian citizen if that person is born in Canada
  • In most cases, a person born in Canada automatically becomes a Canadian citizen at birth
  • Subsection 3 (2) specifies the exception of citizenship by birth on Canadian soil
    • The term ‘Canada’ includes the internal waters of Canada and the territorial sea of Canada
    • ‘Internal waters’ refers to the internal waters of Canada as determined by the provisions contained in theOceans Act, which typically includes the airspace above and the bed and subsoil below those waters
    • Therefore, the authorities consider children born in Canadian airspace, whether over Canadian waters or over Canadian land, as having been born in Canada
    • This is in accordance with the provisions specified in the Interpretation Act
    • In addition, the interpretive clause in paragraph 2 (2) (a) of the Citizenship Act specifies that the authorities would deem a person to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001 or on an aircraft registered in Canada under the provisions specified in the Aeronautics Act and regulations made under that Act
• Citizen by descent [paragraph 3 (1) (b)]
  • This applies if the date of birth of the citizen is on or after February 15, 1977
  • The provisions specified in paragraph 3 (1) (b) specify that a person is born outside Canada to a Canadian parent on or after February 15, 1977
  • For people born outside Canada on or after April 17, 2009
    • The provisions in subsection 3 (5) specify certain exceptions to the amendments made to the Citizenship Act introduced on April 17, 2009, that generally limit citizenship by descent to people born to Canadian parents abroad in the first generation
    • Since April 17, 2009, people born outside Canada to a Canadian parent will automatically be Canadian citizens by birth only if the individual is of the first generation born outside Canada
    • Situations could arise where individuals born outside Canada to Canadian parents on or after April 17, 2009 could be stateless
    • This is because the authorities do not recognise the individual as a Canadian citizen in part because of the first-generation limit to citizenship by descent and partly because the individual concerned has not acquired any other citizenship either by descent or by birth on soil because of the domestic citizenship laws that apply in other countries
    • In these cases, officers would need to refer to the provisions specified in subsection 5 (5) of the Citizenship Act
    • These provisions prescribe the requirements for a grant of Canadian citizenship to stateless persons born outside Canada to Canadian parents
  • For people born outside Canada between February 15, 1977 and April 16, 2009
    • During this period, the authorities consider people born outside Canada to Canadian parents as Canadian citizens automatically
    • This is regardless of whether they were born outside Canada after the first generation
  • The Retention Requirement Specified in Section 8
    • People born outside Canada after the first generation to Canadian parents would be subject to the loss of citizenship under the former section, which the authorities repealed on April 17, 2009
    • The provisions in Section 8 required the individual to apply for retaining their Canadian citizenship before attaining the age of 28 years
    • These retention requirements applied only if the individual was born outside Canada on or after February 15, 1977 and if the person automatically acquired citizenship by descent at the time of birth because one of the parents was a citizen based on the provisions specified in paragraphs 3 (1) (b) or 3 (1) (e)
    • Individuals failing to apply for retaining citizenship would risk losing their citizenship on attaining the age of 28
    • The authorities repealed section 8 on April 17, 2009
    • As a result, individuals born outside Canada on or after February 17, 2009 who would have been subject to the retention requirements did not require to retain citizenship
    • As such, they do not lose their citizenship on turning 28 on or after April 17, 2009
    • However, the 2009 and 2015 legislative amendments to the Citizenship Act did not restore the citizenship to individuals who ceased being citizens prior to April 17, 2009 because they failed to retain their citizenship under the provisions specified in section 8 of the 1977 Act
    • It is worth mentioning that people are Canadian citizens based on the provisions specified in paragraph 3 (1) (b) if they are:
      • Born outside Canada on or after February 15, 1977, to parents who acquired Canadian citizenship because of the legislative amendments on April 17, 2009 as specified in one of the paragraphs 3 (1) (f), 3 (1) (i) or 3 (1) (j)
        • These individuals become Canadian citizens by descent if:
          • They were born outside Canada in the first generation (as the provisions specified in subsection 3 (3) do not describe them) or,
          • One of the exceptions to the first generation limit to citizenship by descent (as described in the provisions specified in subsection 3 (5)) apply
        • The authorities consider people who are citizens based on the provisions specified in paragraph 3 (1) (b) and where the provisions specified in one of the paragraphs 3 (1) (f), 3 (1) (i) or 3 (1) (j) apply to their parents, as citizens since their birth based on the provisions specified in paragraph 3 (1) (b) and pursuant to the provisions of paragraph 3 (7) h)
        • Similarly, the authorities do not consider individuals who became Canadian citizens by way of grant before June 11, 2015 as citizens by way of grant based on the provisions specified in subsection 3 (6.1)
      • Born outside Canada on or after February 15, 1977 to parents born prior to January 01, 1947 (or April 01, 1949, in the case of Newfoundland and Labrador), who acquired Canadian citizenship based on the legislative amendments on June 11, 2015, as specified in one of the paragraphs 3 (1) (k), 3 (1) (l), 3 (1) (m), 3 (1) (n), 3 (1) (o), 3 (1) (p), 3 (1) (q) or 3 (1) (r), in the event that one of the exceptions to the first generation limit to citizenship by descent as specified in subsection 3 (5) of the Act applies
        • The authorities consider these individuals to be Canadian citizens by descent if:
          • They were born outside Canada in the first generation i.e. they would not be subject to the provisions specified in subsections 3 (2.2), 3 (2.4) or 3(3) or,
          • One of the exceptions to the first generation limit to citizenship by descent as specified in subsection 3 (5) applies
        • People who are citizens based on the provisions specified in paragraph 3 (1) (b) and where the provisions specified in paragraphs 3 (1) (k), 3 (1) (l), 3 (1) (m) and 3 (1) (n) describe the parents of the individual, are citizens based on the provisions specified in paragraph 3 (1) (b) since their birth (this is in accordance with the provisions specified in paragraph 3 (7) (i))
        • The authorities do not consider individuals who become Canadian citizens by way of grant prior to June 11, 2015, as citizens by way of grant based on the provisions specified in subsection 3 (6.2)
  • For more details, officers would need to refer to:
    • Subsection 3 (3) for details on the first generation limit to citizenship by descent and,
    • Subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
• Citizen by way of grant (naturalisation) or resumption [paragraph 3 (1) (c)]
  • Paragraph 3 (1) (c) specifies that a person is a Canadian citizen if the individual receives a grant or resumption of citizenship under the provisions of Section 5 or Section 11 of the 1977 Act, unless the authorities rule that the person never was a citizen by way of grant as a result of the 2009 or 2015 legislative amendments based on the provisions specified in 3 (6), 3 (6.1) and 3 (6.2) of the Act
  • If the person is 14 years of age or older, the individual would need to have taken the Oath of Citizenship as well
    • The Adult Grant [subsection 5 (1)]
      • This includes current and former members of the Canadian Armed Forces who have obtained an honourable release i.e. subsection 5 (1.2) and,
      • Persons who are or were attached or seconded to the Canadian Armed Forces i.e. subsection 5 (1.3)
    • Minor grant i.e. subsection 5 (2)
    • Grant for a stateless person born outside Canada to a Canadian parent i.e. subsection 5 (5) for people born on or after April 17, 2009, who have always been stateless and are less than 23 years of age at the time of application
    • Discretionary grant i.e. subsection 5 (4)
    • Resumption of citizenship i.e. section 11
      • This includes current and former members of the Canadian Armed Forces who have received honourable releases based on the provisions specified in subsection 11 (1.1) and individuals who are or were attached or seconded to the Canadian Armed Forces based on the provisions specified in subsection 11 (1.2)
      • This also includes any woman who, by virtue of marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, based on the provisions specified in subsection 11 (2)
  • It is worth highlighting that people born outside Canada between January 01, 1947 and February 14, 1977, to a Canadian mother (in wedlock) or to a Canadian father (out of wedlock) and who received citizenship based on the provisions specified in paragraph 5 (2) (b) of the 1977 Act, have been described in paragraph 3 (1) (h) based on the 2009 legislative amendments
• Direct citizen by way of grant to persons adopted by Canadian citizens [paragraph 3 (1) (c.1)]
  • The provisions specified in paragraph 3 (1) (c.1) specify that a person is a Canadian citizen if that person received citizenship based on the provisions specified in section 5.1 of the Citizenship Act and met the requirements prescribed within that particular section as well
    • Section 5.1 permits the granting of citizenship to individuals born outside Canada and adopted by Canadian citizens or parents who became Canadian citizens on January 01, 1947 (or April 01, 1949, in the case of Newfoundland and Labrador)
  • Legislative amendments to the Citizenship Act introduced on April 17, 2009, limit citizenship by descent to the first generation born outside Canada
  • The authorities consider persons born abroad and adopted by Canadian parents who become citizens under the grant of citizenship within the adoption provisions of the Citizenship Act i.e. section 5.1 as the first generation born outside Canada
  • Therefore, these individuals would not be able to pass on their citizenship to any of their children born or adopted outside Canada – based on the provisions specified in subsection 5.1 (4)
  • Officers would need to refer to subsections 5.1 (5) and 5.1 (6) for ascertaining the exemptions to the first generation limit to citizenship by adoption
  • It is worth highlighting that subsection 5.1 (4) of the Citizenship Act specifies the first generation limit to citizenship by descent within the adoption grant eligibility provisions by stating that the authorities might not grant citizenship to individuals (based on the provisions specified in subsections 5.1 (1), 5.1 (2) and 5.1 (3)) if their adoptive parent is a citizen by descent or a citizen through the adoption provisions of section 5.1
• Citizen under the 1947 Act [paragraph 3 (1) (d)]
  • This applies if the date of birth of the citizen is on or after February 15, 1977
  • The provisions specified in paragraph 3 (1) (d) recognise people who became Canadian citizens under theCanadian Citizenship Act (1947) immediately before the Citizenship Act came into force on February 15, 1977 as citizens
    • These individuals could be citizens by birth on soil, by naturalisation or by descent
  • Individuals who were citizens on February 14, 1977, are citizens based on the provisions specified in paragraph 3 (1) (d) of the 1977 Act
    • This provision does not apply to people who became Canadian citizens by descent under the 2009 or 2015 legislative amendments
• Delayed registration by birth outside Canada i.e. citizenship by descent [paragraph 3 (1) (e)]
  • Paragraph 3 (1) (e) specifies that a person is a Canadian citizen if that person was entitled (immediately prior to February 15, 1977) to become a citizen under the provisions specified in paragraph 5 (1) (b) of the 1947 Act
  • As such, a person born outside Canada between January 01, 1947 and February 14, 1977 to a Canadian parent is a Canadian citizen
  • This is especially so if the individual was eligible and required to be registered as citizens born outside Canada, but where the parents did not register the child within two years after the child’s birth or within an extended time span authorised by the Minister
  • It is worth mentioning that only people born in wedlock to a Canadian citizen father or children born out of wedlock to a Canadian citizen mother have the entitlement of being registered as citizens based on the provisions specified in paragraph 5 (1) (b) of the 1947 Act
  • It is worth highlighting that the opportunity to register and become citizens under the provisions specified in paragraph 3 (1) (e) expired on August 14, 2004
  • However, people who did not make an application to register and become citizens under paragraph 3 (1) (e) prior to its expiry on August 14, 2004, could have become citizens automatically under the legislative amendments of 2009
  • This is especially so if they are of the first generation born outside Canada to Canadian parents
  • The provisions specified in paragraph 3 (1) (g) detail the definitions of such individuals
• The Automatic restoration of citizenship [paragraph 3 (1) (f)]
  • The provisions specified in paragraph 3 (1) (f) recognise as Canadian citizens people who were previously Canadian citizens but who lost their citizenship and did not resume it before April 17, 2009
  • These provisions apply in case the individuals lost their citizenship for any other reason than those listed in this series of bulleted points
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on April 17, 2009 and resulted in the automatic restoration of citizenship to the qualifying individuals
  • It is worth mentioning that the provisions specified in paragraphs 3 (7) (c) and 3 (7) (d) state that the restoration of citizenship is retroactive to the date of loss
  • As such, people described under paragraph 3 (1) (c) as a result of receiving citizenship are now specified in paragraph 3 (1) (f)
  • In accordance to the provisions specified in subsection 3 (3), people born outside Canada after the first generation did not acquire citizenship by descent under the provisions specified in paragraph 3 (1) (f), unless one of the exceptions to the first generation limit to citizenship descent described in subsection 3 (5) of the Act applied
  • For more details on the first generation limit to citizenship by descent, officers would need to go through subsection 3 (3)
  • In addition, they would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
  • The Exceptions
    • This paragraph does not restore citizenship to former Canadian citizens who lost their citizenship because they:
      • Made a formal application, as adults, to the Canadian government to renounce citizenship with the Canadian government
      • Acquired citizenship by fraud, false representation or concealing material circumstances and hence, had the Canadian government revoking their citizenship or,
      • Were born after the first generation between February 15, 1977 and April 16, 1981, to Canadian parents and failed to make the relevant applications for retaining citizenship under the provisions specified in section 8 or, made applications that the authorities did not approve, leading to the loss of their citizenship on their 28^th birthdays
• First generation born outside Canada but never a Canadian citizen i.e. citizenship by descent under paragraph 3 (1) (g)
  • This applies if the date of birth of the citizen is between January 01, 1947 and February 14, 1977
  • The provisions of paragraph 3 (1) (g) recognise as Canadian citizens people born outside Canada to Canadian parents in the first generation between January 01, 1947 and February 14, 1977, but who were never Canadian citizens before April 17, 2009
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on April 17, 2009
  • This provision resulted in granting citizenship to the people described, retroactively, to their dates of birth, based on the provisions specified in paragraph 3 (7) (e)
  • It is worth highlighting that based on the provisions specified in subsection 3 (3), people who were born outside Canada after the first generation to Canadian parents did not acquire citizenship by descent under paragraph 3 (1) (g) unless one of the exceptions to the first generation limit to citizenship by descent (as described in subsection 3 (5) of the Act) applied
  • Similarly, the provisions of paragraph 3 (1) (g) recognise as Canadian citizens people born outside Canada to Canadian parents in the first generation between January 01, 1947 and February 14, 1977, but who were never Canadian citizens before June 11, 2015 – as long as the provisions specified in subsections 3 (2.2) or 3 (2.4) do not apply to them
  • In addition to the above, the provisions of paragraph 3 (1) (g) recognise individuals as Canadian citizens if one of their parents was born before January 01, 1947 (or April 01, 1949, in the case of Newfoundland and Labrador), and became Canadian citizens as a result of the legislative amendments on June 11, 2015 (as described in one of the paragraphs 3 (1) (k), 3 (1) (l), 3 (1) (m) and 3 (1) (n)
  • Pursuant to subsection 3 (3), people born outside Canada after the first generation to parents who became Canadian citizens under the provisions specified in paragraphs 3 (1) (o), 3 (1) (p), 3 (1) (q) or 3 (1) (r) on June 11, 2015, did not acquire citizenship by descent under paragraph 3 (1) (g), as they are subject to the provisions specified in subsection 3 (3), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The authorities consider people who are citizens under the provisions specified in paragraph 3 (1) (g) to be citizens under paragraph 3 (1) (g) since the time they were born – this is pursuant to paragraph 3 (7) (e)
  • Similarly, the authorities do not deem people who are citizens under paragraph 3 (1) (g) and who had previously become Canadian citizens by way of grant between April 17, 2009 and June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • This is especially so if one of both of their parents have been defined by the provisions specified in paragraphs 3 (1) (k), 3 (1) (l), 3 (1) (m) and 3 (1) (n)
  • The authorities consider children born outside Canada to, or born outside Canada and adopted by, parents who were citizens under section 9 or 40 of the 1947 Act as the first generation born outside Canada
• First generation born outside Canada who received Canadian citizenship before April 17, 2009 [paragraph 3 (1) (h)]
  • This applies if the date of birth of the citizen is between January 01, 1947 and February 14, 1977
  • The provisions of paragraph 3 (1) (h) recognise as Canadian citizens people born outside Canada to Canadian parents in the first generation between January 01, 1947 and February 14, 1977, but who were never Canadian citizens before April 17, 2009
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on April 17, 2009
  • This provision resulted in granting citizenship to the people described, retroactively, to their dates of birth, based on the provisions specified in paragraph 3 (7) (e)
  • The authorities also recognise individuals as Canadian citizens based on the provisions specified in paragraph 3 (1) (h) in situations where:
    • The authorities granted the individuals citizenship previously based on the provisions specified in section 5 of the 1977 Act before April 17, 2009
      • This is applicable as long as the individuals are not subject to the provisions specified in subsections 3 (2.2) and 3 (2.4)
    • The individuals were born outside Canada between January 01, 1947 and February 14, 1977 to parents born before January 01, 1947 (or April 01, 1949, in the case of Newfoundland and Labrador) and,
    • Those parents became Canadian citizens as a result of the legislative amendments on June 11, 2015 (as described in one of the paragraphs 3 (1) (k), 3 (1) (l), 3 (1) (m) and 3 (1) (n)
  • Pursuant to subsection 3 (3), people born outside Canada after the first generation to parents who became Canadian citizens under the provisions specified in paragraphs 3 (1) (o), 3 (1) (p), 3 (1) (q) or 3 (1) (r) on June 11, 2015, did not acquire citizenship by descent under paragraph 3 (1) (h), as they are subject to the provisions specified in subsection 3 (3), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The authorities consider people who are citizens under the provisions specified in paragraph 3 (1) (h) to be citizens under paragraph 3 (1) (h) since the time they were born – this is pursuant to paragraph 3 (7) (e)
  • Similarly, the authorities do not deem people who are citizens under paragraph 3 (1) (g) and who had previously become Canadian citizens by way of grant pursuant to the provisions specified in subsection 3 (6)
  • It is worth mentioning that people who are citizens based on the provisions specified in paragraph 3 (1) (h) would have been citizens under the provisions specified in paragraph 3 (1) (g) as long as the authorities did not grant them citizenship based on the provisions specified in section 5
• Former citizens who resumed citizenship under the 1977 Act [paragraph 3 (1) (i)]
  • This applies if the date of birth of the citizen is before February 15, 1977
  • The provisions specified in paragraph 3 (1) (i) specify that people are Canadian citizens if they:
    • Were originally Canadian citizens by operation of law under the 1977 Act (as opposed to by way of grant) and,
    • Lost their citizenship, before resuming it through the grant process under the 1977 Act (this could be citizenship by birth on soil or by descent)
  • This paragraph specifies that such individuals are citizens by operation of law instead of citizens by way of grant, as mentioned in the provisions specified in subsection 3 (6)
  • As such, the citizenship of these individuals is retroactive to the date they originally lost their citizenship, based on the provisions specified in paragraph 3 (7) (f)
  • People born outside Canada after the first generation did not acquire citizenship by descent under paragraph 3 (1) (i), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The provisions of this paragraph do not restore citizenship to former Canadian citizens if these individuals lost their citizenship because:
    • Made a formal application, as adults, to the Canadian government to renounce citizenship with the Canadian government
    • Acquired citizenship by fraud, false representation or concealing material circumstances and hence, had the Canadian government revoking their citizenship or,
    • Were born after the first generation between February 15, 1977 and April 16, 1981, to Canadian parents and failed to make the relevant applications for retaining citizenship under the provisions specified in section 8 or, made applications that the authorities did not approve, leading to the loss of their citizenship on their 28^th birthdays
  • For more details on the first generation limit to citizenship by descent, officers would need to go through subsection 3 (3)
  • In addition, they would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
• Former citizens who resumed citizenship under the 1947 Act [paragraph 3 (1) (j)]
  • This applies if the date of birth of the citizen is before February 14, 1977
  • The provisions specified in paragraph 3 (1) (j) specify that people are Canadian citizens if they:
    • Were originally Canadian citizens by operation of law under the 1947 Act (as opposed to a grant) and,
    • Lost their citizenship (for reasons other than those specified below) and then resumed it
  • This paragraph specifies that such individuals are citizens by operation of law instead of citizens by way of grant, as mentioned in the provisions specified in subsection 3 (6)
  • As such, the citizenship of these individuals is retroactive to the date they originally lost their citizenship, based on the provisions specified in paragraph 3 (7) (g)
  • People born outside Canada after the first generation did not acquire citizenship by descent under paragraph 3 (1) (j), as they are subject to the provisions specified in subsection 3 (6), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The provisions of this paragraph do not restore citizenship to former Canadian citizens if these individuals lost their citizenship because:
    • Made a formal application, as adults, to the Canadian government to renounce citizenship with the Canadian government
    • Acquired citizenship by fraud, false representation or concealing material circumstances and hence, had the Canadian government revoking their citizenship or,
    • Were born after the first generation between February 15, 1977 and April 16, 1981, to Canadian parents and failed to make the relevant applications for retaining citizenship under the provisions specified in section 8 or, made applications that the authorities did not approve, leading to the loss of their citizenship on their 28^th birthdays
  • For more details on the first generation limit to citizenship by descent, officers would need to go through subsection 3 (3)
  • In addition, they would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
• Born or naturalised in Canada before January 01, 1947, lost British subject status before that date and did not become a citizen on that date [paragraph 3 (1) (k)]
  • This applies if the date of birth of the citizen is before January 01, 1947
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were British subjects because they were born or naturalised in Canada prior to January 01, 1947 and,
    • Lost their British subject status under prior legislation subsequently and,
    • Did not become Canadian citizens on January 01, 1947 when the first Canadian Citizenship Act came into force
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of January 01, 1947 – based on the provisions specified in paragraph 3 (7) (j)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (k) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Similarly, the authorities only deem people as Canadian citizens under the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) if the:
    • Provisions specified in paragraph 3 (1) (k) describe them and,
    • Provisions specified in paragraphs 3 (1) (o), (p), (q) or (r)
  • This is in accordance with the provisions specified in subsection 3 (6.3)
  • Based on the provisions specified in subsection 3 (2.1), people did not become Canadian citizens under paragraph 3 (1) (k) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
• Born or naturalised in Newfoundland and Labrador before April 01, 1949, lost British subject status before that date and did not become a citizen on or before that date [paragraph 3 (1) (l)]
  • This applies if the date of birth of the citizen is before April 01, 1949
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were British subjects because they were born or naturalised in Newfoundland and Labrador prior to April 01, 1949 and,
    • Lost their British subject status under prior legislation subsequently and,
    • Did not become Canadian citizens on or before April 01, 1949 when the authorities added the Newfoundland and Labrador citizenship provisions to the Canadian Citizenship Act
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of April 01, 1949 – based on the provisions specified in paragraph 3 (7) (l)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (l) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Similarly, the authorities only deem people as Canadian citizens under the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) if the:
    • Provisions specified in paragraph 3 (1) (l) describe them and,
    • Provisions specified in paragraphs 3 (1) (o), (p), (q) or (r)
  • This is in accordance with the provisions specified in subsection 3 (6.3)
  • Based on the provisions specified in subsection 3 (2.3), people did not become Canadian citizens under paragraph 3 (1) (l) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
• British subject born outside Canada, ordinarily resident in Canada on January 01, 1947 and did not become a citizen on that date [paragraph 3 (1) (m)]
  • This applies if the date of birth of the citizen is before January 01, 1947
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were British subjects born abroad (who never naturalised in Canada) who ordinarily resided in Canada but who did not have Canadian domicile under the provisions of the 1947 Act on January 01, 1947 and,
    • Did not become Canadian citizens on January 01, 1947 when the first Canadian Citizenship Act came into force
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of January 01, 1947 – based on the provisions specified in paragraph 3 (7) (j)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (m) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Similarly, the authorities only deem people as Canadian citizens under the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) if the:
    • Provisions specified in paragraph 3 (1) (m) describe them and,
    • Provisions specified in paragraphs 3 (1) (o), (p), (q) or (r)
  • This is in accordance with the provisions specified in subsection 3 (6.3)
  • Based on the provisions specified in subsection 3 (2.1), people did not become Canadian citizens under paragraph 3 (1) (m) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
  • It is worth mentioning that the 1947 Canadian Citizenship Act specified that any person who was a British subject immediately before January 01, 1947 and possessed a Canadian domicile on that date was a Canadian citizen
  • Subsection 4 (1) of the Immigration Act defined Canadian domicile as “Canadian domicile is acquired for the purposes of this Act by a person having his place of domicile for at least five years in Canada after having been landed in Canada”
  • The process of determining whether a person is ordinarily resident remains a fact-based assessment
  • The interpretation of this aspect provides flexibility to officers when they assess these cases
• British subject born outside Canada ordinarily resident in Newfoundland and Labrador on April 01, 1949, who did not become a citizen on or before that date [paragraph 3 (1) (n)]
  • This applies if the date of birth of the citizen is before April 01, 1949
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were British subjects born abroad (who never naturalised in Newfoundland and Labrador) who ordinarily resided in Newfoundland and Labrador but who did not have a Newfoundland domicile under the provisions of the 1947 Act on April 01, 1949 and,
    • Did not become Canadian citizens on April 01, 1949 when the authorities added the Newfoundland and Labrador citizenship provisions to the Canadian Citizenship Act
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of April 01, 1949 – based on the provisions specified in paragraph 3 (7) (l)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (n) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Similarly, the authorities only deem people as Canadian citizens under the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) if the:
    • Provisions specified in paragraph 3 (1) (m) describe them and,
    • Provisions specified in paragraphs 3 (1) (o), (p), (q) or (r)
  • This is in accordance with the provisions specified in subsection 3 (6.3)
  • Based on the provisions specified in subsection 3 (2.3), people did not become Canadian citizens under paragraph 3 (1) (n) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
  • It is worth mentioning that the 1947 Canadian Citizenship Act defined Newfoundland domicile as domicile in Newfoundland for at least five years
  • The process of determining whether a person is ordinarily resident remains a fact-based assessment
  • The interpretation of this aspect provides flexibility to officers when they assess these cases
• Born before January 01, 1947, outside Canada and Newfoundland and Labrador to parents who became citizens under paragraphs 3 (1) (k) or (m) and did not become citizens on that date [paragraph 3 (1) (o)]
  • This applies if the date of birth of the citizen is before January 01, 1947
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were born outside Canada and Newfoundland and Labrador before January 01, 1947 to parents who were citizens under the provisions specified in paragraphs 3 (1) (k) or (m) and,
    • Did not become Canadian citizens on January 01, 1947 when the first Canadian Citizenship Act came into force
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of January 01, 1947 – based on the provisions specified in paragraph 3 (7) (k)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (m) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Based on the provisions specified in subsection 3 (2.1), people did not become Canadian citizens under paragraph 3 (1) (o) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
• Born before April 01, 1949, outside Canada and Newfoundland and Labrador to parents who became citizens under paragraphs 3 (1) (l) or (n) and did not become citizens on or before that date [paragraph 3 (1) (p)]
  • This applies if the date of birth of the citizen is before April 01, 1949
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were born outside Canada and Newfoundland and Labrador before April 01, 1949 to parents who were citizens under the provisions specified in paragraphs 3 (1) (l) or (n) and,
    • Did not become Canadian citizens on or before April 01, 1949
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of April 01, 1949 – based on the provisions specified in paragraph 3 (7) (m)
  • The authorities do not deem people who are citizens under paragraph 3 (1) (p) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Based on the provisions specified in subsection 3 (2.3), people did not become Canadian citizens under paragraph 3 (1) (p) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
• Born before January 01, 1947 in the first generation outside Canada and Newfoundland and Labrador to parents who became Canadian citizens on January 01, 1947 and did not become citizens on that date [paragraph 3 (1) (q)]
  • This applies if the date of birth of the citizen is before January 01, 1947
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were born outside Canada and Newfoundland and Labrador before January 01, 1947 to parents who became Canadian citizens on January 01, 1947 when the first Canadian Citizenship Act came into force and,
    • Did not become Canadian citizens themselves on January 01, 1947
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of January 01, 1947 – based on the provisions specified in paragraph 3 (7) (k)
  • Based on the provisions specified in subsection 3 (3), people born outside Canada after the first generation did not acquire citizenship by descent under paragraph 3 (1) (q), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The authorities do not deem people who are citizens under paragraph 3 (1) (m) and who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Based on the provisions specified in subsection 3 (2.1), people did not become Canadian citizens under paragraph 3 (1) (q) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
  • For more details on the first generation limit to citizenship by descent, officers would need to go through subsection 3 (3)
  • In addition, they would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
• Born before April 01, 1949 in the first generation outside Canada and Newfoundland and Labrador to parents who became citizens on April 01, 1949 and did not become citizens on or before that day [paragraph 3 (1) (r)]
  • This applies if the date of birth of the citizen is before April 01, 1949
  • The provisions laid out in this paragraph specify that people are Canadian citizens if they:
    • Were born outside Canada and Newfoundland and Labrador before April 01, 1949 to parents who became Canadian citizens on April 01, 1949 when the first Canadian Citizenship Act came into force and,
    • Did not become Canadian citizens themselves on or before April 01, 1949 when the authorities added the Newfoundland and Labrador citizenship provisions to the Canadian Citizenship Act
  • The authorities introduced this provision in the legislative amendments made to the Citizenship Act on June 11, 2015, which results in the granting of citizenship retroactively to the people described as of April 01, 1949 – based on the provisions specified in paragraph 3 (7) (m)
  • Based on the provisions specified in subsection 3 (3), people born outside Canada after the first generation did not acquire citizenship by descent under paragraph 3 (1) (r), unless one of the exceptions to the first generation limit to citizenship by descent, described in subsection 3 (5) of the Act applies to them
  • The authorities do not deem people who had previously become Canadian citizens by way of grant before June 11, 2015, as citizens by way of grant pursuant to the provisions specified in subsection 3 (6.2)
  • Based on the provisions specified in subsection 3 (2.3), people did not become Canadian citizens under paragraph 3 (1) (r) if they:
    • Renounced their British subject status i.e. made a declaration of alienage
    • Renounced their citizenship with the Canadian government
    • Got the authorities to revoke their British subject status (or ceased to be British subjects because the authorities revoked another person’s British subject status or,
    • Acquired citizenship by fraud, false representation or concealing material circumstances, which led to the Canadian government revoking their citizenship
  • For more details on the first generation limit to citizenship by descent, officers would need to go through subsection 3 (3)
  • In addition, they would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
• Exception to birth on Canadian soil [subsection 3 (2)]
  • In some cases, the authorities do not consider people born in Canada as Canadian citizens
  • This is especially so if, at the time of the birth, neither of the parents was a citizen or had gained lawful admission to Canada for permanent residence and if either of the individual’s parents was:
    • A diplomat or a consular officer of a foreign government (or an employee in the service of these individuals)
    • An employee or another representative of a foreign government (or an employee in the service of these individuals)
    • An officer or an employee of a specialised agency of the United Nations or,
    • An officer or an employee of any other international organisation that has diplomatic privileges and immunities
  • This is in accordance with the provisions specified in subsection 3 (2)
• The limit to citizenship by descent [subsection 3 (3)]
  • The Citizenship Act limits citizenship by descent to the first generation born outside Canada to Canadian parents
  • As of April 17, 2009, people born outside Canada can become citizens by descent of they were born in the first generation to Canadian parents
  • This means that people who were not already Canadian citizens immediately before April 17, 2009, and who were born outside Canada to Canadian parents are not Canadian citizens if:
    • Their Canadian parent was also born outside Canada to a Canadian parent – this means that the person is therefore the second or subsequent generation born outside Canada – or,
    • Their Canadian parent received Canadian citizenship based on the provisions in section 5.1, of the adoption provisions of the Citizenship Act – this means that the person is therefore the second generation born outside Canada
  • The provisions specified in subsection 3 (3) of the Citizenship Act specify that the limit to citizenship by descent applies to people:
    • That the provisions specified in paragraphs 3 (1) (b), (f), (g), (h), (i), (j), (q) or (r) i.e. born outside Canada to Canadian parents and,
    • For whom only one parent is a Canadian citizen or both parents are Canadians who were:
      • At the time of the person’s birth, citizens as specified by the provisions in either paragraph 3 (1) (b), (c.1), (e), (g), (h), (o), (p), (q) or (r)
      • Canadian citizens at any time based on the provisions specified in paragraphs 3 (1) (d), (i) or (j), but who were also citizens by descent and were therefore, previously citizens under one of the subparagraphs listed under paragraph 3 (3) (b) of the Act
      • Canadian citizens on January 01, 1947, as described under paragraphs 3 (1) (o) or (q) and the person was born before January 01, 1947 or,
      • Canadian citizens on April 01, 1949, as specified in paragraphs 3 (1) (p) or (r) and the person was born before April 01, 1949
  • The authorities consider children born outside Canada to parents who were citizens under the provisions of sections 9 or 40 of the 1947 Act as the first generation born outside Canada
  • Officers would need to refer to subsections 3 (4), 3 (4.1) and 3 (5) for the exceptions to this limit
  • Adopted Persons
    • The authorities have also extended the first generation limit to citizenship to apply to cases of grants of citizenship to adopted persons
      • This is in accordance with the provisions specified in section 5.1 of the Citizenship Act
    • As a result, the authorities have placed the foreign born adopted children of Canadian citizens in the same situation as the natural born children of Canadian citizens who are born outside of Canada
    • Therefore, people who have received citizenship based on the provisions specified in section 5.1 (and as such find mention in paragraph 3 (1) (c.1) of the Act) cannot pass citizenship on to any of their children who are born outside Canada (by descent or by section 5.1 grant)
    • They can pass citizenship to their children born outside Canada only if one of the exceptions to the first generation limit applies to their case
    • These individuals would need to follow the regular naturalisation process for their children to acquire Canadian citizenship
    • Officers would need to refer to subsection 5.1 (4) for more details on the first generation limit to citizenship by descent for adoptions
    • Similarly, they would need to refer to subsections 5.1 (5) and 5.1 (6) for the exceptions to this limit for adopted individuals
• The exception to limit to citizenship by descent [subsection 3 (4) (transitional provision)]
  • It is worth highlighting that the limit to citizenship by descent does not take away the Canadian citizenship of people born outside Canada after the first generation prior to April 17, 2009
  • This is especially if these individuals were already Canadian citizens on April 16, 2009 i.e. the day before the legislative amendments came into force
  • As such, these individuals would continue to retain their citizenship
  • The first generation limit to citizenship by descent applies to people born outside Canada after the first generation:
    • To parents whose citizenship the authorities restored or conferred because of the legislative amendments that came into force on April 17, 2009 and,
    • Where the individuals would have become citizens only via this restoration or conferral on their parents
  • It is worth mentioning that these individuals did not become Canadian citizens on April 17, 2009 unless one of the exceptions to the first generation limit to citizenship by descent, as described in subsection 3 (5) of the Act, applies
• The exception to limit to citizenship by descent [subsection 3 (4.1) (transitional provision)]
  • It is worth highlighting that the limit to citizenship by descent does not take away the Canadian citizenship of people born outside Canada after the first generation prior to June 11, 2015
  • This is especially if these individuals were already Canadian citizens on the day prior to June 11, 2015 i.e. the day before the legislative amendments came into force
  • As such, these individuals would continue to retain their citizenship
  • The first generation limit to citizenship by descent applies to people born outside Canada after the first generation:
    • To parents whose citizenship the authorities restored or conferred because of the legislative amendments that came into force on June 11, 2015 and,
    • Where the individuals would have become citizens only via this restoration or conferral on their parents
  • It is worth mentioning that these individuals did not become Canadian citizens on June 11, 2015 unless one of the exceptions to the first generation limit to citizenship by descent, as described in subsection 3 (5) of the Act, applies
• The exception to limit to citizenship by descent (child or grandchild of a person in service abroad) [subsection 3 (5)]
  • The first generation limit to citizenship by descent does not apply to people born outside Canada after the first generation if:
    • The parents of the individual held employment outside Canada at the time of the person’s birth, in or with:
      • The Canadian Armed Forces
      • The federal public administration or,
      • The public service of a province or territory, other than as a locally engaged person i.e. a Crown servant or,
    • The individual’s grandparent held employment outside Canada at the time of birth of the individual’s parents’ birth or adoption in or with:
      • The Canadian Armed Forces
      • The federal public administration or,
      • The public service of a province or territory, other than as a locally engaged person i.e. a Crown servant
  • The 2009 legislative amendments initially brought into force the exception to the first generation limit to citizenship by descent
    • However, these exceptions usually applied only to the children of serving Crown servants i.e. persons employed outside Canada in or with:
      • The Canadian Armed Forces
      • The federal public administration or,
      • The public service of a province or territory, other than as a locally engaged person
  • The authorities extended this exception to the grandchildren of serving Crown servants under the 2015 legislative amendments
  • Hence, this exception currently is retroactive to April 17, 2009
• Citizenship other than by way of grant for certain people who became citizens on April 17, 2009 [subsections 3 (6) and 3 (7)]
  • The provisions specified in paragraphs 3 (1) (h), (i) or (j) deem certain individuals as Canadian citizens
  • The authorities deem these individuals to have never been citizens by way of grant
  • Instead, the authorities deem these individuals as citizens by operation of law under the provisions specified in subsection 3 (7)
• Citizenship other than by way of grant for certain children born after February 14, 1977 [subsections 3 (6.1) and 3 (7)]
  • The authorities deem that individuals have never been citizens by way of grant if they:
    • Were born after February 14, 1977
    • Became Canadian citizens by way of grant prior to April 17, 2009 and,
    • Were born to parents who were born or naturalised in Canada and where the provisions specified in paragraphs 3 (1) (h) or (i) define their parents
  • This is applicable even if the authorities restored the citizenship of their parents by the provisions specified in Bill C-37
  • Instead, the authorities consider these people as citizens by operation of law under the provisions specified in subsection 3 (7)
• Citizenship other than by way of grant for certain persons who became citizens on June 11, 2015 [subsections 3 (6.2) and 3 (7)]
  • The authorities do not consider people as citizens by way of grant if they:
    • Are Canadian citizens based on the provisions specified in paragraphs (3) (1) (k) to 3 (1) (r) and,
    • Became Canadian citizens by way of grant prior to June 11, 2015
  • In addition, the authorities deem that individuals have never been citizens by way of grant if they:
    • Were Canadian citizens based on the provisions specified in paragraphs 3 (1) (b) or 3 (1) (g) – as a result of their parents becoming citizens based on the provisions specified in paragraphs 3 (1) (k) to 3 (1) (n) and,
    • Became Canadian citizens by way of grant prior to June 11, 2015
  • Instead, the authorities consider these people as citizens by operation of law under the provisions specified in subsection 3 (7)
• Deemed application [subsection 3 (6.3)]
  • The authorities consider people as Canadian citizens only under the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) if they:
    • Are Canadian citizens based on the provisions specified in paragraphs 3 (1) (o), (p), (q) or (r) and,
    • Are defined by the provisions specified in paragraphs 3 (1) (k), (l), (m) or (n)
• 2009 and 2015 Legislative Amendments to the Citizenship Act
  • Situations could arise where officers might need additional information on the 2009 and 2015 legislative amendments, the first generation limit to citizenship by descent and the exceptions to this limit
  • For this they would need to refer to the following pages on the website of Citizenship and Immigration Canada (CIC):
    • The changes to citizenship rules in 2009 and 2015 and,
    • The section on the loss of citizenship and British subject status and restoration and acquisition of citizenship
  • Citizenship by adoption
    • For more details on the 2009 and 2015 legislative amendments for adopted persons, officers would need to refer to the section on Citizenship law and adoption on the website of Citizenship and Immigration Canada (CIC)