Missed Deadlines & Citizenship Changes: The Impact on Lost Canadians in 2025

The federal government will not meet the extended deadline to amend the Citizenship Act regarding the second-generation cut-off provision for citizenship by descent. This delay means individuals affected by these provisions, often referred to as “lost Canadians,” must wait longer for legislative changes.

Legislative Updates and Background

Current Situation

The Governor General’s prorogation of Parliament until March 24, 2025, prevents any amendments to the Citizenship Act from being passed before the March 19, 2025, deadline.

The second-generation cut-off provision, introduced in 2009, restricts Canadian citizenship by descent to children born abroad if their Canadian parent also acquired citizenship by descent. This rule does not apply to Canadian citizens born in Canada or those naturalized.

Judicial Developments

The Ontario Superior Court of Justice deemed the second-generation cut-off unconstitutional in December 2023, granting the federal government six months to amend the legislation. This deadline has since been extended three times, with the latest extension set for March 19, 2025.

Legislative Efforts

In May 2024, Bill C-71 was introduced to address these issues, proposing citizenship eligibility for second-generation descendants if their parent had spent at least 1,095 days in Canada before the child’s birth or adoption. However, with Parliament prorogued, the bill has died and may not be reintroduced in its current form.

Possible Outcomes if the Deadline is Missed

1. Deadline Extension:
   The Ontario Superior Court of Justice could extend the deadline once again, allowing the second-generation cut-off provisions to remain in effect until legislative amendments are introduced or a new deadline is missed.

2. Legislative Provisions Struck Down:
   If the deadline is not extended, the court may strike down or read down the relevant provisions, rendering the second-generation cut-off inoperative.

Interim Measures for Those Affected

Discretionary Citizenship Grants

Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures for affected individuals. Applicants may apply for a discretionary grant of citizenship under the following scenarios:

1. Scenario 1:
   The applicant has submitted a proof of citizenship application affected by the second-generation cut-off and has requested urgent processing.

2. Scenario 2:
   The applicant has a pending proof of citizenship application that IRCC previously deprioritized due to pending legislative changes but has since requested urgent processing.

Urgent Processing Criteria

Applicants can request urgent processing if they:

• Require citizenship proof for essential benefits (e.g., healthcare, SIN, pension).
• Need citizenship proof for employment purposes.
• Face travel emergencies due to illness or death in the family.

What’s Next?

The timeline for resolving this issue remains uncertain. Affected individuals should monitor updates and consider applying for interim measures if eligible. Meanwhile, the fate of the second-generation cut-off provisions will hinge on the government’s next steps and judicial decisions.