Legislation aimed at correcting long-standing gaps in Canada’s citizenship laws—often referred to as the “Lost Canadians” issue—received royal assent on Thursday, marking a major milestone for families affected by decades-old policy changes.
The term describes individuals born abroad to Canadian parents who were also born outside the country, leaving them unable to pass down their citizenship due to a 2009 law later ruled unconstitutional by the Ontario Superior Court.
The new legislation allows citizenship to be passed down beyond the first generation if parents have spent at least three cumulative years in Canada prior to their child’s birth or adoption.
However, debate continues around how the law applies to intercountry adoptees, with Senator David Arnot arguing the legislation unfairly subjects internationally adopted children to a “substantial connection test” not applied to domestic adoptees.
Arnot and immigration lawyers say this discrepancy may violate the Charter and Canada’s obligations under the Hague Convention.
Despite calls for amendments, the bill moved forward unaltered due to a court-imposed deadline.