Canada Delays Citizenship Act Changes Again: Latest Updates on Citizenship

The deadline to amend Canada’s Citizenship Act, specifically regarding the first-generation limit (FGL) to citizenship by descent, has been extended once more. The Ontario Superior Court of Justice has given the federal government until April 25, 2025, to implement the required changes.

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Background on the First-Generation Limit (FGL)

The FGL, introduced in 2009, prevents children born outside Canada from inheriting Canadian citizenship if their parent is a Canadian citizen by descent. In December 2023, the Court ruled that this provision violates the Canadian Charter of Rights and Freedoms by creating unequal classes of citizenship and discriminating based on national origin.

Proposed Changes and Legislative Delays

In May 2024, the government introduced Bill C-71, which aimed to allow exemptions to the FGL if the Canadian parent demonstrated a “substantial connection to Canada,” defined as living in Canada for three years before the birth or adoption of the child. However, Bill C-71 never became law. After multiple extensions, the Court set the latest deadline for March 19, 2025, but the government failed to meet this timeline.

Parliament Prorogation and New Extension

On January 6, 2025, Parliament was prorogued until March 24, further delaying progress. As a result, the federal government requested another extension, leading the Court to set a new deadline of April 25, 2025.

Upcoming Hearing and Possibility of Further Delay

A hearing is scheduled for April 11, 2025, where the government will need to justify its request for an additional 12-month extension. Failure to meet this deadline may lead the Court to either:

• Extend the deadline once again.
• Strike down or modify the offending sections of the Citizenship Act.

Interim Measures for Affected Individuals

To assist individuals affected by the current FGL, Immigration, Refugees and Citizenship Canada (IRCC) has implemented interim measures. Eligible applicants can apply for discretionary grants of citizenship with prioritized processing to mitigate the impact of delayed reforms.

What Happens If the Deadline Is Missed?

If the federal government fails to meet the extended deadline, the Court has two primary options:

• Grant another extension.
• Strike down or amend the unconstitutional sections of the Citizenship Act.

Book a Consultation for Expert Guidance

Don’t wait for the changes to impact your family’s future. Book a consultation today for professional guidance on Canadian citizenship by descent.
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