Citizenship Act
The Citizenship Act governs the acquisition, retention, renunciation, and revocation of Canadian citizenship. Citizenship is acquired by birth in Canada (jus soli, subject to limited exceptions), by descent from a Canadian parent (jus sanguinis, limited to one generation born abroad), or by grant (naturalization) for permanent residents who meet eligibility requirements. Naturalization requires physical presence in Canada for at least 1,095 days (three years) in the five years before application, proficiency in English or French, knowledge of Canada (citizenship test), and tax compliance. The Act also provides for the revocation of citizenship obtained through fraud or misrepresentation and, controversially, for dual citizens convicted of terrorism, treason, or espionage (provision repealed in 2017).
Legal area: Immigration and citizenship law governs the admission, stay, and removal of foreign nationals and the acquisition and loss of Canadian citizenship.
Year enacted: 1985
Full text: https://laws-lois.justice.gc.ca/eng/acts/C-29/
Key Provisions
- Section 3: Citizenship by birth (born in Canada or to Canadian parent)
- Section 5: Citizenship by grant (naturalization requirements)
- Section 5(1): Application requirements (residence, language, knowledge, tax)
- Section 6: Citizenship by descent (limited to one generation born abroad)
- Section 7: Renunciation of citizenship
- Section 10: Revocation of citizenship (fraud, false representation, knowing concealment)
- Section 22: Loss of citizenship (repealed for dual citizens convicted of terrorism, 2017)
Significance
The Citizenship Act defines the legal boundary of Canadian nationality. Canada’s jus soli principle (citizenship by birth on Canadian soil) is limited primarily to children of citizens or permanent residents. The one-generation limit on citizenship by descent (section 6) has been controversial, creating a ’lost Canadian’ population. The government has proposed legislation to extend citizenship by descent beyond the first generation. Over 85% of permanent residents who meet the requirements eventually become Canadian citizens.