Summary#

This bill changes how Canadian citizenship passes to children and adoptees born outside Canada. It fixes past gaps (“lost Canadians”), sets a new “substantial connection” test for future births and adoptions after the first generation, adds adult language/civics and security checks for citizenship by descent or adoption, and requires annual public reports. It takes effect on a date set later by the Governor in Council.

• Extends citizenship by descent to people born abroad before the law to a Canadian parent (retroactive) (s. 3(1), 3(7)(h)).
• For future births abroad after the first generation, requires a parent’s physical presence in Canada for 1,095 days in any 5-year period before birth (“substantial connection”) (s. 3(3)(a)(ii), 27(1)(c.01)).
• Applies the same “substantial connection” rule to intercountry adoptions going forward (s. 5.1(4)(a)(ii), 5.1(4)(b)(ii)).
• Restores citizenship to people who lost it under the former age-28 retention rule (former s. 8) (summary (e), s. 3(7), 3(6.5)).
• Requires adult applicants by descent or adoption to meet language, civics, and security checks, with reporting on any waivers (s. 3(3.1), 5.1(4.1), new “Annual report — security assessment waivers”).
• Orders annual public reporting on how many people gain citizenship under this Act, with their other citizenship(s) and residence info (new “Annual report — grants of citizenship”).

What it means for you#

• Households

  • If you were born outside Canada before the law and had a Canadian parent, you become a citizen by descent automatically, even if your parent has died (s. 3(1.5), 3(7)(h)). You may need documents to prove the parent’s status.
  • If your child is born outside Canada after the law, and you (the Canadian parent) spent at least 1,095 days in Canada during any 5-year span before the birth, your child qualifies for citizenship by descent, even if you were born abroad yourself (s. 3(3)(a)(ii)).
  • If you live long-term outside Canada and do not meet the 1,095-day presence test before your child’s birth, your child will not get citizenship by descent after the law takes effect (s. 3(3)(a), 3(3)(b)).
  • Adults aged 18–54 seeking citizenship by descent after the law must show adequate English or French, knowledge of Canada, and complete a security assessment; otherwise, they do not qualify (s. 3(3.1)(a)–(c)). The Minister can report waivers granted each year.
  • If you lost citizenship for not applying to retain it by age 28 under the old rule, your citizenship is restored as of this law (summary (e), s. 3(7), 3(6.5)).

• Adoptees and adoptive parents

  • If you were adopted outside Canada before the law by a Canadian parent, you can be granted citizenship, including where a parent has died (s. 5.1(6)).
  • For adoptions after the law, the adopted person must meet the same 1,095 days/5 years physical presence test through the Canadian adoptive parent(s) (s. 5.1(4)(a)(ii), 5.1(4)(b)(ii)).
  • Adopted persons aged 18–54 must meet language, civics, and security assessment requirements to be granted citizenship (s. 5.1(4.1)(a)–(c)).

• Canadians abroad

  • If you were born abroad and will pass citizenship to a child born abroad after the law, plan ahead to meet the 1,095 days/5 years presence requirement; regulations will set calculation and proof rules and any exceptions (s. 27(1)(c.01)).
  • Some people who gain citizenship because of this law can use a simplified renunciation process if they prefer not to hold Canadian citizenship (s. 27(1)(j.1)(iv)).

• Service users

  • Immigration, Refugees and Citizenship Canada (IRCC) must publish yearly counts of new citizens under this Act and details on any security assessment waivers (new reporting provisions). This may affect processing timelines and documentation requirements.

• Timing

  • The law starts on a date set by the Governor in Council; it is not yet in force (Coming into Force).

Expenses#

Estimated net cost: Data unavailable.

• Fiscal note: Data unavailable.
• Direct appropriations in this bill: Data unavailable.
• Mandated activities that may drive costs:
  • Processing of retroactive citizenship recognitions and restorations (s. 3(7), 3(6.5)).
  • Assessments of parental physical presence for future births/adoptions abroad (s. 3(3), 5.1(4), 27(1)(c.01)).
  • Adult language, civics, and security assessments for citizenship by descent or adoption (s. 3(3.1), 5.1(4.1)).
  • Annual public reports on grants under the Act and on security assessment waivers (new reporting sections).

Proponents' View#

• It resolves long-standing “lost Canadian” cases by recognizing citizenship for people born abroad before the law to Canadian parents and by restoring those who lost status under the old age-28 rule (summary (a), (e); s. 3(7), 3(6.5)).
• It balances mobility and attachment by allowing citizenship by descent after the first generation if the Canadian parent shows a substantial connection of 1,095 days in 5 years before birth or adoption (s. 3(3)(a)(ii), 5.1(4)(a)(ii)).
• It treats biological and adopted children consistently by applying the same connection test and safeguards to adoptions (s. 5.1(4)).
• It adds safeguards through language, civics, and security checks for adult claimants by descent or adoption, aligning with grant-of-citizenship standards (s. 3(3.1), 5.1(4.1)).
• It improves transparency with annual reporting to Parliament on new citizens under the Act and on any security assessment waivers (new reporting sections).
• It allows regulations to clarify proof rules and limited exceptions for the presence requirement, which can reduce uncertainty in complex cases (s. 27(1)(c.01)).

Opponents' View#

• The new adult language and civics tests for citizenship by descent and adoption create barriers that did not exist for citizenship by birthright, and may exclude otherwise eligible adults if they do not meet testing standards (s. 3(3.1), 5.1(4.1)).
• The 1,095 days/5 years presence rule could deny citizenship to children of Canadians who work or live abroad long-term, even if those Canadians strongly identify with Canada (s. 3(3), 5.1(4)).
• Key details are left to regulations, including how to calculate presence, what documents prove it, and when exceptions apply, which may cause uncertainty and inconsistent outcomes until rules are set (s. 27(1)(c.01)).
• Security assessments for adult claimants may add processing delays or backlogs; the bill does not set service standards or resource levels to manage the added workload (s. 3(3.1)(c), 5.1(4.1)(c); Expenses: Data unavailable).
• The simplified renunciation path for some new citizens could increase administrative churn and complicate tracking of citizenship status changes if not well managed (s. 27(1)(j.1)(iv)).
• The Act comes into force on a later date set by the executive, which could delay benefits for people waiting for restoration or recognition (Coming into Force).