Changes to the Canada Citizenship Rules, specifically the first-generation limit (FGL), have been delayed until at least August, as reported by CIC News. The FGL rule dictates that if a Canadian citizen born abroad has a child outside of Canada, that child will not automatically inherit Canadian citizenship. This delay follows a recent order from Ontario’s Supreme Court to amend the FGL rule.
Court Ruling and Deadlines for Canada Citizenship Rules
The Ontario Supreme Court previously ordered the federal government to amend the FGL rule within the Canadian Citizenship Act, declaring it unconstitutional. The court’s decision pointed out that the rule created “a lesser class of citizenship.” Initially, the court set a deadline of June 19, 2024, for implementing a solution to this problem. However, the federal government requested and obtained an extension. The new deadline to address the FGL problem is now August 9, 2024. This extension comes with additional conditions.
Government Response and Future Hearings on Canada Citizenship Rules
An Immigration Refugees and Citizenship Canada (IRCC) spokesperson confirmed the delay to CTV News. There will be a hearing on August 1, 2024, to determine if another extension, possibly until December 2024, is appropriate. The Judge presiding over the case requested a progress report on Bill C-71 and the next steps needed to pass the bill by December 19, 2024.
Bill C-71: A Proposed Solution for Canada Citizenship Rules
Bill C-71 proposes amending Canada’s Citizenship Act to repeal the FGL rule, which was implemented in 2009. If this bill receives Royal Assent, it will grant citizenship to eligible foreign nationals whose parent(s) have a substantial connection to Canada and are affected by the FGL rule. The substantial connection is defined as a Canadian parent born abroad accumulating at least 1,095 days (about three years) of physical presence in Canada before the birth or adoption of their child.
Legislative Timeline
The House of Commons has adjourned for summer break until mid-September. Any changes to the Canada Citizenship Rules, including the FGL, will likely be postponed until December 2024. This delay allows for thorough consideration and potential adjustments to Bill C-71. It ensures the bill addresses the issues highlighted by the court ruling.
Conclusion
The delay in changes to the Canada Citizenship Rules, particularly the FGL, highlights the complexities of amending citizenship laws. The federal government’s request for an extension and the ongoing legislative process show a careful approach. The upcoming hearing in August and the potential extension to December 2024 will be critical. These hearings will determine the future of these citizenship rules. Bill C-71 aims to address concerns about creating a “lesser class of citizenship.” The bill seeks to provide a fair solution for those affected by the FGL rule.