On This Page You Will Find:
- The latest court ruling on Canada’s citizenship law
- What this means for children born abroad
- Details on interim measures
- The path ahead for the federal government
- Frequently asked questions
Ontario Court Grants New Deadline for Citizenship Law Changes
The Ontario Superior Court of Justice has granted the federal government until November 20, 2025, to amend parts of Canada’s Citizenship Act that were ruled unconstitutional in 2023.
The ruling follows multiple previous extensions and stems from concerns over the first-generation limit, a 2009 rule that restricts Canadian citizenship by descent to only the first generation born abroad. The court found this law violates the Charter of Rights and Freedoms by unfairly denying citizenship to the children and grandchildren of Canadians living overseas.
Judge Jasmine Akbarali’s latest decision marks the fourth time the court has extended the deadline to update the law, citing extraordinary political circumstances including Parliament’s prorogation, an upcoming election, and summer recess.
Background on the First-Generation Limit
Under current law, Canadian citizens who were themselves born outside Canada cannot automatically pass citizenship to their children if those children are also born abroad. This rule has affected many Canadian families, particularly those who live or work internationally.
In December 2023, the court declared sections 3(3)(a) and 3(3)(b) of the Citizenship Act invalid for breaching Charter rights. However, the court suspended the invalidity to give Parliament time to fix the law through legislation.
The federal government introduced Bill C-71 in May 2024 to remove the first-generation limit, but the bill did not pass before Parliament was dissolved for a general election.
The Court’s Reasoning
In her April 22, 2025 decision, Justice Akbarali granted an eight-month extension, not the full 12 months requested by the government. She stated that although the delays were caused in part by the government’s own choices (like calling an election), it is ultimately Parliament’s role to replace the law.
She acknowledged that rights-holders have already endured over 16 months of delayed justice, and insisted that this extension must be the last. She concluded that the next government, once elected on April 28, should prioritise passing the new citizenship law quickly, given the harm caused by the current rule.
Interim Measures Remain in Place
Until the law is changed, the government will continue to offer discretionary grants of citizenship under section 5(4) of the Citizenship Act. This includes people born abroad who are affected by the first-generation limit and who meet certain conditions, such as:
- Being born or adopted before December 19, 2023
- Being born to a Canadian parent with at least 1,095 days of physical presence in Canada before the child’s birth
- Being affected by former retention rules (section 8)
These interim measures offer a path for those who cannot yet claim automatic citizenship under the current law.
The Path Ahead
With a federal election set for April 28, 2025, the future of citizenship reform will depend on the priorities of the next government. The court has made it clear: it expects the new Parliament to act swiftly to ensure that Canadian families are no longer denied citizenship rights due to outdated laws.
FAQ
What is the first-generation limit on Canadian citizenship?
The first-generation limit restricts automatic citizenship to children of Canadian citizens born abroad. If both a parent and child are born outside Canada, the child may not be eligible for automatic citizenship.
Why did the court extend the deadline again?
The court acknowledged delays caused by prorogation, a new Prime Minister, an upcoming election, and the summer recess. It extended the deadline to give the next government a fair opportunity to act.
When is the new deadline for changes to the Citizenship Act?
The government now has until November 20, 2025, to amend the law. This extension replaces the previous deadline of April 25, 2025.
Are there temporary solutions for those affected now?
Yes. The federal government continues to offer discretionary grants of citizenship under section 5(4), especially for people impacted by the first-generation limit or earlier citizenship rules.
What happens if the government misses the November deadline?
If the deadline is missed again, the unconstitutional sections of the Citizenship Act could lose all legal effect. This could create legal uncertainty and pressure Parliament to act immediately.
