Citizenship by descent — s 3(1)(b)
Overview
Under s 3(1)(b) of the Citizenship Act, a person born outside Canada is a Canadian citizen at birth if at least one parent was a Canadian citizen at the time of the person's birth and that parent was not themselves born outside Canada to a citizen parent (the second-generation born-abroad bar, s 3(3)). In short: citizenship passes automatically to the first generation born abroad to a Canadian citizen, but not to the second generation. A second-generation person born abroad to a Canadian parent who was also born abroad is not automatically a citizen — they must apply for citizenship through the grant process.
The second-generation born-abroad bar was introduced by amendments to the Citizenship Act effective April 17, 2009. Prior to 2009, citizenship by descent could be transmitted indefinitely through generations — Canadians living abroad could pass citizenship to their children and grandchildren indefinitely. The 2009 amendments cut off transmission at the first generation born abroad.
Legal basis
- Citizenship Act s 3(1)(b) — citizenship by descent: born outside Canada after 14 February 1977 and at the time of birth one parent was a citizen (subject to s 3(3))
- Citizenship Act s 3(3) — the second-generation born-abroad bar: s 3(1)(b) does not apply to a person who is born outside Canada to a citizen parent who was also born outside Canada and was a citizen by descent under s 3(1)(b) (or the predecessor provision)
- Citizenship Act s 3(1)(f) — transitional provision preserving citizenship for persons born outside Canada to a Canadian parent who was also born outside Canada before April 17, 2009 (grandfathering provision)
How it works
First generation born abroad — automatic citizen
A child born outside Canada to a Canadian citizen parent (where that parent was born in Canada or was a naturalised Canadian citizen) acquires Canadian citizenship automatically at birth under s 3(1)(b). No application or registration is required, but a Proof of Citizenship document or Canadian passport will be needed to exercise citizenship rights.
Second generation born abroad — not automatic
A child born outside Canada to a parent who is themselves a Canadian citizen by descent (also born outside Canada) does not automatically acquire citizenship. The child is a second-generation born-abroad person and the s 3(3) bar applies. To become a Canadian citizen, this person must:
- Become a permanent resident of Canada, and
- Meet the grant of citizenship requirements (presence, language, knowledge tests), and
- Apply for and be granted citizenship under s 5
The 2009 grandfathering
Persons born outside Canada to a Canadian parent who was also born outside Canada before April 17, 2009 (the date the 2009 amendments took effect) are grandfathered under s 3(1)(f) — they retain citizenship that they had before the amendments took effect. The bar does not apply retroactively.
Practical effect
A Canadian citizen who was born in Canada and moves abroad — their children born abroad are Canadian citizens (first generation). But those children's children, if also born abroad, are not automatically Canadian — they would need to immigrate to Canada and naturalise. This is the core policy objective of the 2009 reform: preventing the indefinite transmission of citizenship to generations with no real connection to Canada.