Canadian federal government will miss deadline for changes to citizenship by descent

The federal government will miss the extended deadline to make changes to the second-generation cut-off provision regarding citizenship by descent.

Governor General Mary Simon has prorogued Parliament until March 24, 2025, so the federal government will not be able to amend the Citizenship Act prior to the most recent deadline of March 19, 2025.

Current “lost Canadians”—those who may be entitled to Canadian citizenship but have not been granted it due to certain provisions in citizenship law—will have to wait even longer for the anticipated legislative changes.

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Background

The Ontario Superior Court of Justice has ruled the second-generation cut-off provisions of the Citizenship Act unconstitutional, and has instructed the federal government to amend the legislation.

Under the current second-generation cut-off, established in 2009, Canadian citizens who gained citizenship by descent when born abroad cannot pass on their citizenship by descent to their children born abroad.

Canadian citizens who have been born in Canada or have been naturalized are not affected by this limitation.

The Ontario Superior Court of Justice ruled the second-generation cut-off provisions of the Citizenship Act unconstitutional in Dec of 2023, and at that time granted the federal government a grace period of six months to amend the Citizenship Act.

The Court has since extended the deadline thrice, most recently to March 19, 2025.

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as leader of the Liberal Party of Canada, and that he’d requested Simon to prorogue Parliament until March 24, 2025.

In May, 2024, the government introduced Bill C-71, which would allow for citizenship by descent to the second generation, provided that the child’s parent spent at least 1,095 days in Canada prior to the child’s birth or adoption.

Bill C-71 has not become law. When Parliament is prorogued, all current bills die. It’s possible that Bill C-71 may never be reintroduced after Parliament resumes session.

What will happen if the government misses the deadline?

If the government misses the deadline, the Ontario Superior Court of Justice could either

Extend the deadline; or
Strike down or read down the offending portions of the Citizenship Act.

If the deadline is extended, the second-generation cut-off provisions of the Citizenship Act will remain in effect until either the legislative changes have been introduced, or until the extended deadline has been missed.

If the deadline is missed and not extended, the Ontario Superior Court of justice may strike down or read down the offending portions of the legislation, rendering the second-generation cutoff provisions inoperative.

What can those affected do for the time being?

Immigration, Refugees and Citizenship Canada has introduced interim measures that may assist some people affected by the second-generation cutoff provisions.

Lost Canadians can apply for a discretionary grant of citizenship if they fall into one of two scenarios:

First Scenario: The applicant has submitted a proof of citizenship application which would be affected by the second-generation cut-off legislative change, and has requested urgent processing.
Second Scenario: The applicant has a proof of citizenship application in process, which has been identified by IRCC as being affected by the second-generation cut-off provisions. IRCC had previously de-prioritized this application pending the legislative changes, but the applicant has since requested urgent processing.

Applicants can request urgent processing for one of the following reasons:

They urgently require access to benefits afforded by citizenship (e.g., health care coverage, a Social Insurance Number (SIN), a pension).
They need proof of citizenship in order to get a job.
They need to leave or return to Canada on account of illness or death in their family.

Schedule a Free Canadian Citizenship Consultation with the Cohen Immigration Law Firm