Detailed Insights About Bill C-71 in Canadian Citizenship Laws
Post by : Admin on Jun 03,2024
The Canadian Government brings good news to those who couldn’t get citizenship due to the first-generation limit in the 2009 Citizenship Act. On 23rd May 2024, they launched Bill C-71 to make the citizenship process easier and fair for all. The new legislation lets eligible citizens claim Canadian citizenship by descent beyond the first generation. It extends citizenship to those born to a Canadian parent but resides outside of the country through the second and subsequent generations. This blog sheds some light on Bill C-71 in Canadian Citizenship Laws so you can make the most of this opportunity if eligible.
What is the Bill C-71 all About?
Bill C-71 makes the Canadian Citizenship Laws more favourable to the country’s citizens based on their descent.
The government came up with Bill C-71, which serves two purposes:
- Grant immediate citizenship to all who were devoid of this opportunity solely because of the first-generation limit
- Extend access to Canadian citizenship beyond the first-generation
Prior to the announcement, the Citizenship Act only let parents transfer citizenship to their first-generation children. Thus, Canadian parents born outside Canada weren’t allowed to transfer citizenship to their child if it was born outside the country. If the Canadian parents adopted a kid from outside the country, they too couldn’t apply for a direct grant of citizenship due to the act.
Keeping the problems in mind, the Ontario Superior Court of Justice gave instructions to the Government to make the amendments to the act. They concluded the act was unconstitutional since it gave rise to two classes of Canadians.
What are the New Changes to Canadian Citizenship Laws?
Do you have a parent with Canadian citizenship?
Then the new legislation to the Canadian Citizenship Laws would make it 10X easier for you to acquire citizenship.
Without further ado, let’s check out the changes.
Bill C-71, introduced by the Canadian government, proposes significant changes to the Citizenship Act, particularly focusing on citizenship by descent. This legislation aims to extend Canadian citizenship to individuals born abroad to Canadian parents beyond the first generation, which was previously restricted by a 2009 amendment. This means that children born to Canadian parents who were also born outside of Canada will now be eligible for citizenship if their parents can demonstrate a substantial connection to Canada, defined as having spent at least three years in Canada before the child's birth or adoption
Additionally, Bill C-71 seeks to address the issue of "Lost Canadians"—individuals who lost or never acquired citizenship due to outdated legal provisions. The proposed changes will restore citizenship to these individuals and their descendants. This includes providing automatic citizenship to those born outside Canada to a Canadian parent before the legislation comes into force.
The bill is designed to create a more inclusive and fair system, allowing more individuals to claim their rightful Canadian citizenship and ensuring that the rules are transparent and equitable. If passed, these changes will rectify long-standing issues and align the Citizenship Act with contemporary values of fairness and inclusivity.
Who are the Lost Canadians?
The Conservative Government of Canada brought forth a new regulation to the Citizenship Act in 2009. This confirmed that a person’s eligibility for citizenship doesn’t depend on their strong links to Canada. The regulation did not allow Canadian citizens born outside of Canada to pass citizenship to their children also born outside the country. Also, parents had to sponsor their second-generation children to enter the country and apply for permanent residence as any other immigrant.
Several Canadians got lost amidst the complexities of this new regulation and couldn’t get the citizenship they deserved. They are considered the “Lost Canadians”
What about the Bill S-245 in Canadian Citizenship?
Bill S-245, titled "An Act to amend the Citizenship Act (granting citizenship to certain Canadians)," aims to address issues faced by individuals known as "Lost Canadians." These are people who lost their Canadian citizenship due to previous legislative changes or specific requirements that they failed to meet.
Key provisions of Bill S-245 include:
- Restoring Citizenship: The bill intends to restore citizenship to individuals who lost it due to the 2009 changes, specifically those who failed to apply to retain their citizenship by the age of 28 (Library of Parliament) (Parl).
- Substantial Connection Requirement: For second-generation Canadians born abroad, the bill introduces a "substantial connection" criterion, which can be fulfilled by spending three years in Canada (not necessarily consecutive) (Library of Parliament).
- Retroactive Grants: The bill seeks to retroactively grant citizenship to those who would have been citizens if they had applied under the rules that were in place before 2009 (Parl).
The bill has progressed through various stages in both the Senate and the House of Commons, receiving amendments and extensive review in committee stages (Parl) (OpenParliament_CA). This legislation is part of ongoing efforts to rectify past exclusions and ensure a more inclusive citizenship policy in Canada.
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