Citizenship by birth — s 3(1)(a)
Overview
Under s 3(1)(a) of the Citizenship Act, a person is a Canadian citizen by birth if they were born in Canada. Canada applies the principle of jus soli (right of the soil) — birth in Canada generally confers citizenship automatically, regardless of the citizenship or immigration status of the parents. The only significant exception is for children born to a parent who is a foreign diplomat or consular officer (or another person exempt from Canadian law) and who is not a Canadian citizen — such children are not citizens at birth.
Citizenship by birth under s 3(1)(a) is the most straightforward form of Canadian citizenship. It requires no application, no residence period, no language test, and no ceremony. The person is a citizen from the moment of birth.
Legal basis
- Citizenship Act s 3(1)(a) — a person is a citizen if the person was born in Canada after the coming into force of this paragraph (14 February 1977)
- Citizenship Act s 3(2) — exception: paragraph 3(1)(a) does not apply to a person if at the time of the person's birth, neither parent was a citizen and at least one parent was an officer or employee in Canada of a foreign government, exempt from Canadian law
How it works
The jus soli principle
Canada is one of the few countries that applies unrestricted jus soli — birth on Canadian soil confers citizenship regardless of whether the parents are Canadian citizens, permanent residents, temporary residents, or undocumented persons. A child born in Canada to two foreign nationals on visitor visas is Canadian by birth.
The diplomatic exception
The only exception is for children born in Canada where:
- Neither parent is a Canadian citizen, and
- At least one parent was, at the time of the birth, an officer or employee in Canada of a foreign government, or an employee or agent of an international organisation — and was entitled to the privileges and immunities under the Foreign Missions and International Organizations Act
In practice, this exception applies to the children of accredited diplomats and consular staff. Children of non-accredited foreign nationals (including undocumented migrants) are Canadian citizens at birth.
Distinction from citizenship by descent
Citizenship by birth (s 3(1)(a)) is not subject to the second-generation born-abroad bar that applies to citizenship by descent. It is also not subject to any transmission limit. A child born in Canada is a citizen; their children born outside Canada would acquire citizenship by descent — subject to the s 3(3) bar if the grandparent was also born outside Canada.