The Ontario Superior Court of Justice has extended the deadline for amending Canada’s controversial First-Generation Limit (FGL) for citizenship by descent. The new deadline, now set for March 19, 2025, provides more time for implementing changes that could redefine Canadian citizenship laws.
Understanding the First-Generation Limit (FGL)
Introduced under the Canadian Citizenship Act, the FGL restricts Canadian citizens born abroad from passing their citizenship to their children if those children are also born outside Canada. This rule has long been criticized for creating a “lesser class of citizenship.”
In a landmark decision, the court deemed the FGL unconstitutional, urging reforms to ensure equitable access to citizenship for Canadians born abroad. However, this is the third extension of the deadline, as the federal government has yet to finalize amendments.
Bill C-71: Expanding Citizenship by Descent
Immigration Minister Marc Miller introduced Bill C-71 earlier this year. If enacted, the bill will:
- Extend citizenship by descent beyond the first generation.
- Introduce a “substantial connection requirement”, mandating that Canadian parents born abroad must have spent at least 1,095 days (three years) in Canada before passing citizenship to their child born or adopted abroad.
- Retroactively restore citizenship to Lost Canadians—individuals unable to claim citizenship due to FGL restrictions—and their descendants.
According to a Parliamentary Budget Officer report (December 2024), this legislation could result in 115,000 new citizens over five years, bolstering Canada’s global inclusivity stance.
Interim Measures: A Temporary Solution
While awaiting legislative changes, Immigration, Refugees, and Citizenship Canada (IRCC) has implemented interim measures to address urgent cases:
- Scenario 1: Applicants with proof of citizenship applications impacted by the FGL who request urgent processing.
- Scenario 2: Applications previously delayed due to the FGL but now flagged for urgent processing.
These measures aim to provide temporary relief while maintaining fairness.
The court’s repeated extensions reflect challenges in reconciling legislative goals with constitutional requirements. Social changes, including growing globalization and mobility, underscore the need for updated citizenship policies that reflect modern realities.
With the new March 2025 deadline, Canadians and stakeholders await the final resolution, hoping for a more inclusive framework that aligns with Canada’s values of equality and diversity.
