New temporary measures allow broader access to citizenship grants as the government faces hurdles in reforming the Citizenship Act.
Canada has announced interim relief for individuals impacted by long standing limitations in the country’s Citizenship Act. The move offers a pathway to Canadian citizenship for people previously excluded due to what critics have described as outdated and discriminatory provisions.
The announcement, made by Immigration Minister Marc Miller on March 13, 2025, introduces discretionary grants of citizenship for several specific categories of applicants. These changes come in response to legal challenges and legislative delays affecting the controversial “first-generation limit” (FGL) rule.
Who is Now Eligible?
The interim measures outline four primary groups now eligible for a discretionary grant of Canadian citizenship:
- Pre-2023 Births or Adoptions Affected by FGL: Individuals born or adopted before December 19, 2023, who fall under the FGL rule.
- Post-2023 Births with Substantial Parental Connection: Children born or adopted on or after December 19, 2023, may qualify if their Canadian parent satisfies a “substantial connection” to Canada—defined by time physically spent in the country.
- Pre-1949 Births: Affected individuals born before April 1, 1949, who experienced exclusion under the FGL.
- Citizenship Lost Under Old Retention Rules: People who lost Canadian citizenship due to previously existing retention provisions in section 8 of the Citizenship Act.
Of these groups, those in the second category—children born abroad to Canadian citizens with significant ties to Canada—will receive priority consideration.
Background: The First-Generation Limit Controversy
At the core of these changes lies the FGL, a policy enacted in 2009 that prevents Canadian citizens by descent (i.e., born abroad to Canadian parents) from passing citizenship to their own children born outside Canada.
In contrast, Canadian citizens born in Canada or naturalized can automatically confer citizenship to their children born abroad. The FGL has long been criticized for creating unequal classes of citizens and denying generational continuity of citizenship to families living outside Canada.
In December 2023, the Ontario Superior Court of Justice ruled the FGL unconstitutional, declaring that it violated the Canadian Charter of Rights and Freedoms by discriminating based on national origin.
Bill C-71: A Legislative Fix Still in Limbo
To address the Court’s decision, the federal government introduced Bill C-71 in 2024. The bill aimed to replace the FGL with a new standard, permitting citizenship transmission if the Canadian parent had physically resided in Canada for at least three years before their child’s birth or adoption.
However, despite the urgency, Parliament has yet to pass the bill. In fact, the legislative timeline has been repeatedly extended by the Ontario court. The most recent extension—until March 19, 2025—has now lapsed due to Parliament being prorogued until March 24, 2025.
With the deadline missed again, the federal government has formally requested a 12-month extension from the court. Without it, the court may nullify the contested part of the Citizenship Act entirely, potentially leading to broader implications for Canadian citizenship law.
Why the Delay Matters
At stake is more than just policy: it’s the legal status and identity of families with strong personal and emotional ties to Canada. Many individuals impacted by the FGL feel excluded despite their deep connections to the country through ancestry, culture, and community.
“The government’s decision not to appeal the 2023 ruling showed its recognition that the law, as it stands, is outdated,” said an immigration expert. “But delays in enacting reform have only prolonged uncertainty for thousands.”
Looking Ahead: What This Means for Applicants
While the future of Bill C-71 remains uncertain, the new temporary measures signal a willingness by the federal government to respond to the legal and public pressure surrounding the FGL.
Applicants affected by these changes are encouraged to seek legal advice and explore their eligibility for a discretionary grant. Priority will be given to cases that meet the proposed “substantial connection” requirement, even though the full legal reform is yet to pass.
Conclusion: A Step Forward, With More to Come
Though not a complete solution, the discretionary citizenship grants offer a temporary bridge for those impacted by legislative delays. As Canada continues to grapple with how best to define its citizenship policies in a globalized world, these measures reflect a shift toward inclusivity and fairness—values that lie at the heart of Canadian identity.
