True or False - Lost

People who lost their citizenship between 1947 and 1977 when they were minors can regain their Canadian citizenship.

This is true: Under an amendment to the Citizenship Act in 2005, those who lost their Canadian citizenship when they were minors can regain it without first having to become a permanent resident and then residing in Canada for one year.

The facts

Under the 1947 Canadian Citizenship Act, adults lost their Canadian citizenship when they became citizens of another country. In addition, if those adults had Canadian children under the age of 21, those children could also have lost their citizenship when their parents lost theirs. The loss could occur if the child became a citizen of another country at the same time as the parent or if the child already had both Canadian citizenship and citizenship of another country.

A minor could lose Canadian citizenship at the same time as their mother or father, depending on the circumstances. If the minor’s parents were married when the minor was born, then the minor’s Canadian citizenship depended on the father’s actions. If the minor’s father was deceased, or the father and mother were not married when the minor was born and the minor was residing with the mother, or the mother had a court order indicating she had custody of the minor, then the minor’s citizenship depended on the mother’s actions.

In the example of a Canadian-born family that moved to the United States in 1965: when the parent (as described above) took out U.S. citizenship and lost their Canadian citizenship, any minor children who acquired U.S. citizenship with the parent also lost their Canadian citizenship. In another example: if a Canadian citizen parent (as described above) had a child born in Australia in 1968 and registered that child as a Canadian born abroad, the child became a Canadian citizen by birth and an Australian citizen by birth. If the parent became an Australian citizen in 1972, they would have lost Canadian citizenship and the child would have lost Canadian citizenship as well.

On February 15, 1977, the Citizenship Act came into effect and ended this practice.

Changes made to the Citizenship Act in 2005 also make it easier for those who have lost their Canadian citizenship in this manner, as minors, to regain it. Permanent resident status or current residence in Canada are no longer requirements for those individuals.

The new law

A new law came into effect on April 17, 2009, amending the Citizenship Act. The new law gives Canadian citizenship to certain individuals who lost it and to others who are recognized as citizens for the first time. This includes people who lost their citizenship as minors as long as they were born or naturalized in Canada or born outside Canada to a Canadian parent in the first generation born abroad. Citizenship is automatic and retroactive to the date of loss or the date of birth, depending on the situation. All individuals who were Canadian citizens at the time the law came into effect will keep their citizenship.

Find out more about the new law and who will be affected by it.

More on myths and misconceptions about Canada’s citizenship and immigration programs