Difference between revisions of "Who is a Canadian Citizen? (17:III)"

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{{REVIEWED LSLAP | date= July 19, 2023}}
{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}
[http://laws-lois.justice.gc.ca/eng/acts/c-29/page-1.html#h-3 Section 3 of the Act] provides that a person is a citizen if they meet one the enumerated conditions. These include, in part, a person who was:
[http://laws-lois.justice.gc.ca/eng/acts/c-29/page-1.html#h-3 Section 3 of the ''Act''] provides that a person is a Canadian citizen if they meet one of the enumerated conditions. In general, a person is a Canadian citizen if:
* They were born in Canada.
* They became a citizen through the naturalization process in Canada (i.e., they were a permanent resident before they became a citizen);
* They were born outside Canada and one of their parents was a Canadian citizen at the time of their birth (first generation born outside Canada);
*They were born outside Canada between January 1, 1947 and April 16, 2009, to a Canadian parent who was also born outside Canada to a Canadian parent;
*They were adopted outside Canada by a Canadian parent on or after January 1, 1947.
:'''NOTE:''' The preconditions of citizenship listed above are not exhaustive.
:'''NOTE:''' In May 2024, the Government of Canada introduced [https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/bill-c-71-an-act-to-amend-the-citizenship-act-2024.html Bill C-71: An act to amend the Citizenship Act (2024)].  If this legislation is enacted, the first-generation restriction on obtaining citizenship would be removed, and citizenship by descent would extend beyond the first generation. Please visit https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/bill-c-71-an-act-to-amend-the-citizenship-act-2024.html for more information and check the IRCC website for updates regarding the status of the legislation.


* born in Canada,
* born outside of Canada to at least one Canadian parent who was born in Canada,
* born outside Canada to at least one parent who became a Canadian citizen by naturalization – persons who obtain citizenship this way cannot confer it upon their own children born outside of Canada,
* a citizen immediately before February 15, 1977 (i.e. under the old Act), and/or
* granted citizenship or has acquired citizenship pursuant to [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#docCont s 5],  [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#docCont 5.1], or [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-5.html#docCont 11] of the Act.


=A. Grant of Citizenship vs. Proof of Citizenship=
== A. Grant of Citizenship vs. Proof of Citizenship ==


A person who is a Canadian citizen by virtue of being born in Canada or being born outside of Canada to a Canadian parent may apply for '''proof of citizenship'''. To receive proof of citizenship, it is not necessary to pass the test or to take the oath of citizenship.
A person who is a Canadian citizen by virtue of being born in Canada or being born outside of Canada to a Canadian parent may apply for '''proof of citizenship'''. It is not necessary to pass the citizenship test or take the oath of citizenship to receive proof of citizenship.


Persons who are living outside Canada should contact the Canadian Embassy in that country.
Individuals living outside Canada should contact the Canadian Embassy, high commission or consulate in their country.  If access to a Canadian government office is not possible, there is the option to contact a Canadian government office that can provide consular service in a nearby country or a foreign government office. For more information, please check [[Proof_of_Citizenship_(17:VIII)|Section VIII of this chapter]].


Permanent Residents of Canada who have fulfilled the necessary requirements can apply for and may be granted citizenship.
Permanent Residents of Canada who have fulfilled the necessary requirements can apply for and may be '''granted''' citizenship. See [[Citizenship_Grants:_How_to_Become_a_Canadian_Citizen_(17:V)|Section V of this chapter]].
 
 
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Latest revision as of 23:29, 2 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 19, 2023.



Section 3 of the Act provides that a person is a Canadian citizen if they meet one of the enumerated conditions. In general, a person is a Canadian citizen if:

  • They were born in Canada.
  • They became a citizen through the naturalization process in Canada (i.e., they were a permanent resident before they became a citizen);
  • They were born outside Canada and one of their parents was a Canadian citizen at the time of their birth (first generation born outside Canada);
  • They were born outside Canada between January 1, 1947 and April 16, 2009, to a Canadian parent who was also born outside Canada to a Canadian parent;
  • They were adopted outside Canada by a Canadian parent on or after January 1, 1947.
NOTE: The preconditions of citizenship listed above are not exhaustive.
NOTE: In May 2024, the Government of Canada introduced Bill C-71: An act to amend the Citizenship Act (2024). If this legislation is enacted, the first-generation restriction on obtaining citizenship would be removed, and citizenship by descent would extend beyond the first generation. Please visit https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/bill-c-71-an-act-to-amend-the-citizenship-act-2024.html for more information and check the IRCC website for updates regarding the status of the legislation.


A. Grant of Citizenship vs. Proof of Citizenship

A person who is a Canadian citizen by virtue of being born in Canada or being born outside of Canada to a Canadian parent may apply for proof of citizenship. It is not necessary to pass the citizenship test or take the oath of citizenship to receive proof of citizenship.

Individuals living outside Canada should contact the Canadian Embassy, high commission or consulate in their country. If access to a Canadian government office is not possible, there is the option to contact a Canadian government office that can provide consular service in a nearby country or a foreign government office. For more information, please check Section VIII of this chapter.

Permanent Residents of Canada who have fulfilled the necessary requirements can apply for and may be granted citizenship. See Section V of this chapter.


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