According to a report by CIC News, changes to Canada’s first-generation limit (FGL) regarding the transmission of Canadian citizenship have been postponed until at least August. The FGL rule states that if a Canadian citizen born abroad has a child outside of Canada, that child will not automatically inherit Canadian citizenship from their parents.
The Ontario Supreme Court previously ordered the federal government to amend the FGL rule within the Canadian Citizenship Act, deeming it unconstitutional for creating “a lesser class of citizenship.” The court initially set a deadline of June 19, 2024, for the government to address this issue.
However, the federal government has successfully requested an extension from the Ontario Supreme Court. Solutions to the FGL problem must now be presented by August 9, 2024, under this extended timeline, which includes additional conditions.
An Immigration, Refugees and Citizenship Canada (IRCC) spokesperson confirmed to CTV News that there will be a hearing on August 1, 2024, to determine if an extension to December 2024 is appropriate. The Judge presiding over the case also requested a progress report on implementing Bill C-71 since the initial ruling in May, as well as the next steps to pass the bill by December 19, 2024.
Bill C-71 proposes amending Canada’s Citizenship Act to repeal the FGL rule implemented in 2009. If the bill receives Royal Assent, it will grant citizenship to eligible foreign nationals whose parents have a substantial connection to Canada and are affected by the FGL rule.
A substantial connection is defined as a Canadian parent born abroad having at least 1,095 days (about three years) of physical presence in Canada before the birth or adoption of their child.
Since the House of Commons adjourned for summer break last week (until mid-September), any changes to the FGL are likely to be postponed until December of this year.