Canada applies the principle of jus soli — birthright citizenship — under which any person born in Canada is a Canadian citizen from birth, regardless of their parents' immigration status or citizenship. This is one of the most straightforward and automatic paths to Canadian citizenship: birth on Canadian soil creates citizenship without any application, residence requirement, or ongoing condition. The only exception is the diplomatic exception under the Citizenship Act s 3(2): children born in Canada whose parents were foreign diplomats (with accredited diplomatic status) at the time of birth, and neither parent was a Canadian citizen or permanent resident, are not Canadian citizens by birth. For all others born in Canada — including children of visitors, international students, and temporary foreign workers — birth on Canadian soil confers citizenship from the moment of birth. This page explains the jus soli rule, the diplomatic exception, proof requirements, and how citizenship by birth differs from citizenship by descent.

For information on Canadian citizenship, refer to the IRCC check if you may be a citizen page.

• Citizenship Act, s 3(1)(a) — a person is a citizen if they were born in Canada after 14 February 1977 (when the current Citizenship Act came into force); for persons born in Canada before that date, citizenship is also generally established by birth, subject to predecessor legislation
• Citizenship Act, s 3(2) — the diplomatic exception: a person born in Canada is not a citizen under s 3(1)(a) if, at the time of their birth, neither parent was a citizen or a permanent resident of Canada, and at least one parent was a foreign representative or an employee of a foreign representative accredited to Canada; this exception implements the principle that diplomats are not subject to the territorial jurisdiction of the receiving state
• Citizenship Act, s 12 — Canadian citizenship is not lost by living outside Canada; citizenship by birth persists regardless of subsequent residence or absence
• IRCC: Check if you may be a citizen — canada.ca/already-citizen

The jus soli rule — born in Canada is Canadian

The core rule of Canadian citizenship by birth is simple: a person born in Canada (any province or territory) is a Canadian citizen from the moment of birth. This applies to:

• Children born to Canadian citizen parents
• Children born to permanent resident parents
• Children born to foreign nationals on temporary resident visas — visitor visas, work permits, study permits, or any other temporary status
• Children born to parents with no immigration status in Canada (undocumented parents)

The parents' citizenship, immigration status, and country of origin are irrelevant to the child's right to Canadian citizenship by birth, subject only to the diplomatic exception.

The diplomatic exception — s 3(2)

A person born in Canada is NOT a citizen by birth if, at the time of their birth, all three of the following conditions apply:

1. Neither parent was a Canadian citizen
2. Neither parent was a permanent resident of Canada
3. At least one parent was a foreign representative with accredited diplomatic status in Canada (an ambassador, high commissioner, consul, or other accredited representative of a foreign government or international organization with diplomatic privileges), or an employee of such a representative

The diplomatic exception is narrow — it applies only where the parent held formal diplomatic accreditation. A foreign national in Canada on a work permit at a foreign embassy does not automatically have diplomatic immunity; the exception applies to those with formal diplomatic accreditation under the Vienna Convention on Diplomatic Relations or equivalent arrangements. In practice, the exception applies to a very small number of births in Canada each year.

Proof of citizenship by birth

A person born in Canada can establish their Canadian citizenship through several documents:

• Canadian birth certificate: issued by the province or territory of birth; for most domestic purposes (healthcare, school enrolment, opening bank accounts, applying for provincial services), a Canadian birth certificate is sufficient proof of citizenship
• Canadian passport: for international travel, a Canadian passport is required; a person born in Canada is entitled to apply for a Canadian passport; the passport confirms citizenship and allows travel to and from Canada
• Citizenship certificate: in some circumstances (employment security clearances, proving citizenship for legal purposes, or when a birth certificate is unavailable), a Canadian citizenship certificate may be required or preferred; see the citizenship certificate page

Children of temporary residents — "birth tourism" policy context

The right of children born in Canada to temporary resident parents to acquire citizenship is an established feature of Canadian law that has been subject to policy debate. As of 2026, Canada has not legislated any change to the jus soli rule for children of temporary residents — a child born in Canada to parents on visitor visas, work permits, or study permits is a Canadian citizen from birth, as has been the case since the Citizenship Act came into force. Proposals to limit birthright citizenship to children of citizens and permanent residents have been discussed but have not been enacted. The current law applies the jus soli rule subject only to the diplomatic exception.

Citizenship by birth vs citizenship by descent vs citizenship by naturalization

Canadian citizenship can be acquired through three main pathways:

• By birth in Canada (jus soli): automatic on birth in Canada, subject to the diplomatic exception; this page
• By descent: for persons born outside Canada to a Canadian parent; the 2025 Bill C-3 changes apply a substantial connection test (3 years of physical presence in Canada by the Canadian parent before the child's birth or adoption); see the citizenship by descent page
• By naturalization (grant): for permanent residents who meet the physical presence requirement (1,095 days in the 5 years before application), language requirement, and other eligibility criteria; see the citizenship requirements page

Canada's jus soli birthright citizenship rule is one of the most straightforward aspects of Canadian citizenship law — birth on Canadian soil automatically confers citizenship with no application required and no ongoing conditions. The narrow diplomatic exception affects very few people each year. The policy debate about whether Canada should restrict birthright citizenship for children of temporary residents reflects similar debates in other jus soli jurisdictions, but no legislative change has been enacted as of 2026. For current citizenship information, the IRCC "check if you may be a citizen" tool, and the application process for citizenship certificates, refer to the IRCC citizenship eligibility page.