Section 3 — Who is a citizen — Citizenship Act — Canada — immi.wiki
Text of provision
3 (1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen, except if the parent was a citizen described in paragraph (g) at the time of the person's birth;
(c) the person has been granted or acquired citizenship pursuant to section 5 or subsection 11(1) and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
(d) the person was a citizen immediately before February 15, 1977;
(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act;
Note: Paragraphs (f) to (j) include additional grandfathering and transitional provisions.
Limitation — paragraph (1)(b)
(3) A person who is a citizen under paragraph (1)(b) and was born outside Canada shall not transmit citizenship under that paragraph to a child born outside Canada. [First generation born abroad limitation — see ss (3)–(5)]
Plain English
Section 3 sets out who is a Canadian citizen. The main categories are:
- Born in Canada: A person born in Canada after February 14, 1977 is automatically a citizen by birth (jus soli). Canada's citizenship by birth is nearly universal — it does not require the parents to be citizens or permanent residents. (Note: there is a limited exception for children of diplomats and foreign representatives.)
- Born outside Canada to a Canadian parent (first generation): A person born outside Canada after February 14, 1977 is a citizen if, at the time of birth, one parent was a Canadian citizen. However, the first generation born abroad limitation (s 3(3)) means that this citizenship-by-descent rule does not pass to a second generation born abroad — the child of a person who was themselves born outside Canada and acquired citizenship under s 3(1)(b) cannot in turn pass citizenship to their own children born outside Canada.
- Granted citizenship (naturalisation): A person granted citizenship under s 5 (after meeting the residence, language, knowledge, and other requirements) becomes a citizen when they take the oath of citizenship.
- Citizens before February 15, 1977: Persons who were citizens under the prior Citizenship Act and certain other grandfathered persons.
The first generation born abroad limitation was introduced by the Citizenship Act amendment in 2009 (Bill C-37) to prevent endless chain citizenship being transmitted by Canadians with no real connection to Canada.
Practical effect
Section 3 determines the citizenship status of a person from birth or naturalisation. The practical consequences are:
- Children born in Canada to non-citizen parents (including undocumented persons) are generally Canadian citizens at birth under s 3(1)(a). They do not need to apply for citizenship.
- Canadians born outside Canada who were born after the first generation can acquire citizenship by descent under s 3(1)(b) — but they cannot transmit that citizenship to their own children born outside Canada (s 3(3)). The second generation must apply to become citizens under s 5 (naturalisation) by establishing permanent residence in Canada.
- Persons who believe they may be citizens under the grandfathering provisions (ss 3(1)(d) to (j)) may apply for a proof of citizenship certificate from IRCC to confirm their status.
- The first generation born abroad limitation was declared constitutional by the courts, even though it affects Canadians who live abroad. The limitation reflects Parliament's policy choice to require a genuine connection to Canada for citizenship to be transmitted.