Cameron Miranda
Canada's citizenship laws have undergone several changes over the years, with the most recent significant changes taking place between 2009 and 2015. The history of Canadian nationality law dates back to the country's time as a French possession in 1663, when French law and feudal allegiance governed the territory. In 1763, Canada was transferred to British control, and its laws changed accordingly. Following World War II, Canada began to develop a stronger sense of national identity, separate from Britain and the Empire, which led to changes in citizenship laws. In 1947, Canadian citizenship was created, marking a shift from British subject status. Over the years, Canada has made amendments to its citizenship laws, addressing issues such as multiple citizenship, loss of citizenship for naturalized Canadians residing abroad, and citizenship by descent. The most recent developments include court rulings and discretionary grants of citizenship, indicating an ongoing evolution of Canada's citizenship landscape.
| Characteristics | Values |
|---|---|
| First use of the term "Canadian citizen" | 1910 |
| First creation of Canadian citizenship | 1 January 1947 |
| Replacement of "British subject" with "Commonwealth citizen" | 1977 |
| Repeal of the rule relating to loss of citizenship by naturalized Canadians living outside Canada for more than 10 years | 7 July 1967 |
| Removal of immigration restrictions based on race and national origin | 1967 |
| Citizenship Act came into force | 15 February 1977 |
| Removal of restrictions on dual citizenship | 1977 |
| Citizenship acquired by birth in Canada | Applicable unless neither parent is a citizen or permanent resident, and either parent is a representative of a foreign government |
| Citizenship acquired by being born to a married Canadian father or unmarried Canadian mother | Applicable before 1977 |
| Citizenship acquired by being born to a Canadian parent who was also born abroad | Applicable after 1977 |
| Citizenship acquired by being born abroad to a Canadian parent in the second or subsequent generations | Applicable after the 1977 Act |
| Changes to citizenship rules | 2009-2015 |
| First-generation limit on citizenship | Applicable until December 19, 2023 |
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What You'll Learn
The 1910 Immigration Act
The Immigration Act of 1910, also known as the 1910 Immigration Act, was a significant piece of legislation in Canada's history, marking an important shift in the country's immigration policies. This Act built upon and expanded the exclusionary provisions outlined in the previous Immigration Act of 1906.
One of the key features of the 1910 Immigration Act was its focus on restricting immigration. It introduced the concept of "domicile" or permanent residency, which an immigrant could obtain after residing in Canada for three years. The Act expanded the list of prohibited immigrants and gave the federal government greater discretionary authority over immigration decisions, including admissibility and deportation. Immigrants deemed "unsuited to the climate or requirements of Canada" were explicitly prohibited from entering the country. This vague criterion was often used as a pretext to discriminate against certain racial and ethnic groups, particularly Black immigrants, who faced significant obstacles due to pervasive domestic racism.
The Act also introduced financial requirements for immigrants. All immigrants of Asiatic origin were required to possess $200, while other immigrants were mandated to have a minimum of $25 upon their arrival in Canada. Additionally, Asiatic immigrants were targeted with restrictions as early as 1908, requiring them to hold at least $200 of currency to enter Canada.
While the Act introduced stricter immigration controls, it also introduced the term "Canadian citizen" and provided a definition. According to the Act, a "Canadian citizen" was:
> "a person born in Canada who had not become an alien; a British subject possessing Canadian domicile; and a person naturalized under the laws of Canada who had not subsequently become an alien or lost Canadian domicile."
It's important to note that while the term "Canadian citizen" was used, it did not yet create a legal status of Canadian citizenship in the nationality sense. The legal status of Canadian citizenship would later be established on January 1, 1947, and further reforms were made in subsequent years, such as the Citizenship Act of 1976, which allowed children to derive nationality from their Canadian mother.
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The British Nationality and Status of Aliens Act 1914
The Act provided that, from 1 January 1915, the transmission of British subject status would be restricted to one generation in the legitimate male line. This was later amended by the 1922 Act, which allowed for indefinite transmission by descent. The 1914 Act also allowed widows and divorcees to resume British subject status, and children who lost British subject status due to their parents' naturalisation as aliens could resume it by personal declaration within a year of turning 21.
The Act further introduced the concept of imperial naturalisation, which allowed colonies with Dominion status to grant subject status to aliens by imperial naturalisation, provided they adopted the conditions set out in Part II of the BNA 1914. The status of children was also addressed in the Act, stating that they would no longer lose British subject status based on their place of residence but would acquire their parent's other nationality if the parent lost British subject status.
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The Canadian Citizenship Act, 1976
The 1977 Act made several important changes to citizenship acquisition and loss. For the first time, children could derive nationality from their Canadian mother, and restrictions on dual citizenship were removed. The provisions under the previous 1947 Act regarding the acquisition or loss of Canadian citizenship were largely repealed. The new Act outlined that Canadian citizenship could be acquired by birth in Canada, except in specific cases where neither parent is a citizen or permanent resident, and one parent represents a foreign government.
The Act also addressed citizenship for children born outside Canada, whose parents were Canadian citizens. It allowed Canadian men to have Canadian nationality granted to their children born abroad, while Canadian women could only do the same if their children were born out of wedlock. Additionally, the Act provided a path to citizenship for adults who had immigrated to Canada and met certain requirements, such as permanent resident status and language proficiency.
The 1977 Act ensured that both native-born and naturalized citizens were equally entitled to all the rights of citizenship, including democratic rights such as the right to vote and run for office. These rights are governed by provincial and federal laws, as well as the Constitution Act, 1982. The minister of citizenship and immigration holds discretionary powers, including the ability to waive certain citizenship requirements and grant citizenship in special circumstances.
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Canadian citizenship by descent
Canadian citizenship laws have undergone significant changes over the years, with the country's status as a French and later British colony impacting the nature of citizenship. The term "Canadian citizen" was first introduced in the Immigration Act of 1910, which defined citizens as those born in Canada, British subjects with Canadian domicile, or those naturalised under Canadian law.
Prior to 1947, Canadians were considered British subjects, and the British Nationality and Status of Aliens Act of 1914 conferred this status on Canadians. However, the Canadian Citizenship Act of 1947 established Canadian citizenship, which was conferred on those born or naturalised in Canada before 1947. The Act also allowed Canadian men to pass on citizenship to children born outside the country, but Canadian women could only do so if their children were born out of wedlock.
The Citizenship Act of 1976, which came into force in 1977, made significant changes. It replaced the term "British subject" with "Commonwealth citizen" and allowed legitimate and adopted children to derive nationality from their Canadian mothers for the first time. It also removed restrictions on dual citizenship.
Further changes were made in 2009, which introduced a first-generation limit to citizenship by descent. This meant that only the first generation of children born outside Canada to Canadian parents could automatically claim citizenship. However, exceptions were made for cases where Canadian parents or grandparents served as Crown servants abroad.
In 2015, citizenship was extended to more individuals born before the 1947 Act took effect and their children born abroad in the first generation. Additionally, those who became Canadian citizens by descent due to these amendments may have their eligibility to pass on citizenship to their children born outside Canada impacted.
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The first-generation limit on citizenship
The introduction of this law marked a significant shift from previous Canadian rules and those in comparable jurisdictions, making the acquisition of Canadian citizenship by descent more challenging for subsequent generations. It is important to note that this limitation does not apply to everyone, and there are certain exceptions and discretionary grants of citizenship available. For instance, individuals born or adopted before December 19, 2023, who are subject to the first-generation limit may be considered for a discretionary grant of citizenship.
The first-generation limit has been a subject of controversy and legal challenges. On December 19, 2023, the Ontario Superior Court of Justice declared that key provisions of the first-generation limit were unconstitutional, acknowledging the unacceptable consequences for Canadians with children born outside the country. In response, the Canadian government introduced former Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court's decision while upholding the value of Canadian citizenship.
As of March 2025, the Government of Canada is seeking a 12-month extension to maintain the first-generation limit and provide time for Parliament to consider and enact legislative changes. The current rules regarding the first-generation limit continue to apply, and individuals affected by this limit can choose to wait for the legislative amendments or apply using the interim measures outlined by the government.
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Frequently asked questions
The legal status of Canadian citizen was first created under the Immigration Act, 1910.
The Citizenship Act of 1976, also known as the 1977 Act, replaced the term "British subject" with "Commonwealth citizen". It also allowed children to derive nationality from their Canadian mother for the first time.
The first-generation limit on citizenship generally means that someone is not automatically a Canadian citizen if their parent was also born outside Canada to a Canadian parent or adopted outside Canada by a Canadian parent. In December 2023, the Ontario Superior Court of Justice declared that the first-generation limit for many people is unconstitutional.
