Lost Canadians & Bill C-37: A Guide to Restoring Citizenship

By Abhi Mehta, Founder of Canada Citizen Center and Immigration Writer

On the anniversary of Bill C-37, discover its impact on "Lost Canadians." This guide explains who is affected, how to navigate the IRCC process, and what the changes mean for you.

More than a decade after its implementation, Bill C-37 continues to be a critical piece of legislation for individuals known as "Lost Canadians"—people who, due to outdated and often discriminatory provisions in Canada's citizenship laws, either lost their citizenship or were never recognized as citizens despite a significant connection to the country. This legislation, which received Royal Assent on April 17, 2009, and came into force on April 17, 2009, represented a major step by the Canadian government to rectify historical injustices in the Citizenship Act. However, the journey for many Lost Canadians did not end there, and the ongoing impact of this bill, along with subsequent amendments like Bill C-24 and the recent changes in 2024, continues to shape the lives of thousands of people around the world who are seeking to claim their rightful place as Canadian citizens.

Key Takeaways

  • Bill C-37's Primary Goal: Bill C-37, which came into force in 2009, was designed to automatically grant Canadian citizenship to most individuals who had lost it or had never been recognized as citizens due to previous, restrictive citizenship laws.
  • Who Benefited Most: The bill primarily helped those born outside Canada to a Canadian parent who were unaware of the complex registration requirements that existed before 1977. It also addressed cases of citizenship loss due to naturalizing in another country or a parent's naturalization.
  • Remaining Gaps: Despite its broad reach, Bill C-37 did not resolve all cases. Notably, it introduced the "second-generation cut-off," which prevents Canadian parents born abroad from passing on citizenship to their children also born abroad, a rule that has become a major point of contention and was recently addressed by a court ruling.
  • Recent Developments (2024): In response to a court ruling that found the "second-generation cut-off" unconstitutional, the Canadian government has updated the Citizenship Act. As of May 2024, Canadians born abroad can now pass on citizenship to their children born outside of Canada, provided they can demonstrate a "substantial connection" to Canada.
  • The Process of Proof: For those who automatically gained citizenship through Bill C-37, the process involves applying for a "proof of citizenship certificate" from Immigration, Refugees and Citizenship Canada (IRCC), which can be a document-intensive process requiring birth records, parents' citizenship evidence, and other historical records.
  • Continuing Advocacy: The issue of "Lost Canadians" remains active. Advocacy groups and legal experts continue to work on behalf of individuals who still fall through the cracks of Canadian citizenship law, pushing for more inclusive legislation.

Background

The story of Lost Canadians is rooted in the complex and evolving history of Canadian citizenship law. Before 1947, there was no legal status of "Canadian citizen." Individuals were British subjects. The first *Canadian Citizenship Act* of 1947 created the legal category of a Canadian citizen, but it also established a series of complex rules that, over the years, led to many individuals losing or being denied citizenship, often without their knowledge.

Key historical issues that created Lost Canadians include:

  • Pre-1977 Rules: The 1947 Act required children born abroad to Canadian fathers to have their births registered by their 24th birthday to retain citizenship. This was often missed by families who were unaware of the requirement.
  • Gender-Based Discrimination: The law heavily favoured paternal lines. For many years, Canadian women could not pass on citizenship to their children born abroad.
  • Loss on Naturalization: Until 1977, a Canadian who naturalized in another country would automatically lose their Canadian citizenship.
  • War Brides: The children of Canadian servicemen and "war brides" born abroad and out of wedlock faced significant hurdles in being recognized as citizens.

These issues were partially addressed by the *Citizenship Act* of 1977, which removed many of the discriminatory provisions and simplified the rules. However, it was not retroactive, leaving generations of individuals disconnected from their Canadian heritage. Bill C-37 was the government's major attempt to remedy these past injustices by granting citizenship retroactively to those who would have been citizens if not for the outdated laws.

What Changed / What's New

The most significant changes brought by Bill C-37 in 2009 were the retroactive grants of citizenship. The bill amended the *Citizenship Act* to automatically confer citizenship on two main groups:

  1. Individuals who lost citizenship: This included those who ceased to be citizens for reasons such as a parent's naturalization in another country or failure to apply to retain citizenship.
  2. Individuals who never were citizens: This applied to those born outside Canada to a Canadian parent who would be citizens under today's more inclusive rules, but were disqualified by previous laws (e.g., their birth was not registered, or they were born to a Canadian mother before the laws changed).

The bill was a landmark for its time, but it also created a new challenge: the "second-generation cut-off." To prevent citizenship from being passed down indefinitely to generations born outside Canada with little connection to the country, the bill included a new section, 3(3) of the *Citizenship Act*. This provision stipulated that a Canadian citizen parent born outside Canada could not pass on citizenship to their own child also born outside Canada, unless they met specific exceptions (e.g., the parent had served in the Canadian Armed Forces).

This "second-generation cut-off" became the next chapter in the Lost Canadians saga. Families affected by this rule argued that it created two classes of Canadians. In December 2023, the Ontario Superior Court of Justice ruled in the case of *Bjorkquist et al. v. Attorney General of Canada* that this provision was unconstitutional.

In response, on May 19, 2024, the Canadian government announced it would amend the *Citizenship Act* to comply with the ruling. The new rules, which are now in effect, allow a Canadian parent born abroad to pass on citizenship to their child born abroad if the parent can demonstrate a "substantial connection" to Canada. This is defined as the parent having accumulated at least 1,095 days (three years) of physical presence in Canada before the birth of the child.

Who Is Affected

The impact of Bill C-37 and its subsequent amendments is felt by several distinct groups:

  • First-Generation Born Abroad Before 1977: Many individuals in this group, particularly those born to Canadian mothers or those whose fathers did not register their birth, were the primary beneficiaries of Bill C-37. They automatically became citizens in 2009 and can now apply for a proof of citizenship certificate.
  • "War Bride" Children: The children of Canadian soldiers who served in World War II and their European spouses, who were often born out of wedlock, have also been able to claim citizenship thanks to the bill.
  • Second-Generation Born Abroad: This is the group most affected by the recent 2024 changes. If you were born outside Canada to a Canadian parent who was also born outside Canada, you may now be eligible for citizenship if your Canadian parent spent at least three years (1,095 days) in Canada before your birth. *Example: A person born in the U.S. in 1990 to a Canadian mother who was herself born in the U.K. in 1965 to a Canadian father. Under the old rules, the child would not be a citizen. Under the new 2024 rules, if the mother can prove she lived in Canada for three years before the child's birth, the child is now a citizen.*
  • Stateless Individuals: In some cases, the second-generation rule rendered individuals stateless. The new rules provide a pathway to citizenship for them.
  • Descendants of Pre-1947 Immigrants: Some people whose families have been in Canada for generations may find they are not citizens because their ancestors never formally naturalized as British subjects or Canadians. Bill C-37 did not address all these cases, and they remain some of the most complex.

How the Process Works

For those who believe they are citizens due to Bill C-37 or the recent 2024 changes, the process is not one of "applying for citizenship" but rather "proving" it. Since the law grants citizenship automatically, the key is to obtain the official document to prove it: the Certificate of Canadian Citizenship.

The steps are as follows:

  1. Determine Your Eligibility: The first step is to carefully review the rules on the IRCC website or use their online self-assessment tool. The criteria are complex, and your eligibility depends on your date of birth, your parents' citizenship status, and how they obtained citizenship.
  2. Gather a "Mountain" of Documents: This is often the most challenging part of the process. You will need a variety of documents, which may include:
  • Your own original long-form birth certificate.
  • Your Canadian parent's birth certificate.
  • Your Canadian parent's proof of Canadian citizenship (certificate, old passport).
  • Your grandparents' birth certificates, if citizenship is derived from them.
  • Marriage certificates for your parents and grandparents.
  • For those applying under the new "substantial connection" rule, extensive proof of the parent's physical presence in Canada is required. This can include school records, tax statements, property records, and official government documents.
  1. Complete the Application Form: You must fill out the "Application for a Citizenship Certificate (Proof of Citizenship)" form, which is currently form CIT 0001. The form is detailed and requires precise information.
  2. Submit and Wait: The completed application and all supporting documents are submitted to IRCC. Processing times can be lengthy, often taking a year or more, as these cases require detailed historical verification. Current processing times are available on the IRCC website.

What This Means For You

For the thousands of people living in the United States, the United Kingdom, Australia, and other countries who have a Canadian parent or grandparent, these laws have profound implications.

  • For U.S. Residents: Many Americans with a Canadian parent, especially Border States residents, may be Canadian citizens without realizing it. If you gained citizenship through these laws, you are a dual citizen. This allows you to live, work, and study in Canada without restriction. It also means you can apply for a Canadian passport. The new "substantial connection" rule will be particularly relevant to many U.S. families where one parent was born abroad but lived in Canada for a significant period.
  • For U.K. Residents: The historical ties between Canada and the U.K. mean many British citizens have Canadian ancestry. Bill C-37 resolved the status of many who lost citizenship due to retaining their British nationality. The new rules on second-generation citizenship will also affect many, as it was common for Canadians to be born in the U.K. while their parents were posted there for work or military service.
  • For Residents of Other Countries: The principles are the same. If you have a Canadian parent, it is worth investigating your status. The recent changes open the door for a new generation of individuals to claim their citizenship, which can provide immense personal and professional opportunities.

Frequently Asked Questions

1. How do I know if I'm a "Lost Canadian"?

The term "Lost Canadian" generally applies to someone who was born before 1977 and either lost or never received Canadian citizenship due to outdated laws. If you were born abroad to a Canadian parent and are unsure of your status, you may fall into this category. The best first step is to use the self-assessment tool on the IRCC website.

2. I thought Bill C-37 fixed everything. Why are there still issues?

While Bill C-37 was a massive step forward, it was not a complete solution. It created the "second-generation cut-off," which prevented parents who were born abroad themselves from passing on citizenship. The recent 2024 changes have addressed this specific issue, but other complex cases, especially those with gaps in historical records, can still present challenges.

3. What is the difference between a citizenship "grant" and a "proof"?

A "grant" of citizenship is for people who are not citizens and are applying to become one, such as permanent residents. A "proof" application (for a citizenship certificate) is for individuals who believe they are already citizens by law and are seeking the official document to prove it. Most Lost Canadians apply for "proof."

4. Is there a deadline to apply for a proof of citizenship under these new rules?

No, there is no deadline. If you are a citizen by law, you are a citizen for life. You can apply for your proof of citizenship at any time.

5. My Canadian parent was born abroad and did not live in Canada for three years before I was born. Is there any hope for me?

Under the current rules, it is very difficult. The new "substantial connection" test is quite clear about the 1,095-day requirement. However, Canadian citizenship law is constantly evolving. It is advisable to consult with an immigration lawyer who specializes in complex citizenship cases to see if any other avenues are available to you.

6. Do I need a lawyer to apply for my proof of citizenship?

While it is not a requirement, it is highly recommended, especially if your case is complex. A lawyer can help you navigate the document requirements, present your case clearly to IRCC, and address any issues that may arise. For straightforward cases with complete documentation, you can apply on your own.

After more than a decade, the legacy of Bill C-37 is still unfolding. It closed one chapter for Lost Canadians while opening another. With the recent 2024 amendments, Canada has moved closer to a more inclusive and just definition of citizenship, but the onus remains on individuals to navigate a complex process to claim their birthright. If you believe you might be a Canadian citizen, the time to explore your history is now.

Take the first step today. Visit our quick and easy eligibility quiz at /quiz to find out if you may be a Canadian citizen in under two minutes.

This article is for informational purposes only and does not constitute legal advice.

Canada Citizen Center is not a law firm and does not provide legal advice.