Deadline extended for changes to Canadian citizenship by descent

Canadians must continue to wait for the thrice over-due changes to Canada’s Citizenship Act.

On March 13, 2025, the Ontario Superior Court of Justice extended the deadline for the federal government to amend the law concerning the first-generation limit (FGL) to citizenship by descent. The new deadline is April 25, 2025.

Under the FGL, introduced to the Citizenship Act in 2009, children born outside Canada do not inherit Canadian citizenship from a Canadian parent who gained citizenship by descent.

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In December of 2023, the Court ruled the FGL unconstitutional, explaining in the ruling that in its current form the FGL violates the Canadian Charter of Rights and Freedoms by creating a second class of citizenship and discriminating on the basis of national origin.

In May of 2024, the federal government introduced Bill C-71, which provides an exemption to the FGL provided that the Canadian parent meets a “substantial connection to Canada” test, defined as having lived in Canada for three years prior to the birth or adoption of the child.

Bill C-71 never became law. The Court extended the deadline three times. The most recent extension prior to last week’s extension was until March 19, 2025.

On January 6, 2025, Canada’s Governor General Mary Simon prorogued parliament until March 24 at the request of Justin Trudeau, making it clear that the government would miss the March deadline for implementing the FGL changes.

On March 13, 2025, the federal government requested an additional extension of 12 months.

There will be a hearing on April 11, 2025, at which the federal government will be required to make the case to the Court that a further extension is warranted.