Canadian regulations once required you to renounce your Canadian citizenship if you became a citizen of another country. The federal government recently decided to take another look at the Citizenship Act of Canada.
The new law uses Jan.1, 1947, as a key date, the date of the first Citizenship Act of Canada. If you were a citizen on that date but later lost it, the new law restores your citizenship. Until 1977, dual citizenships were not tolerated in Canada.
If you were born in Canada before 1947 or were a war bride, you will regain your citizenship if you’ve lost it. Or if you meet those criteria but have been living outside Canada for many years, you and your children regain your Canadian citizenship, even if the children never lived here.
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The line is drawn at your children. Your grandchildren do not get Canadian citizenship.
Previously, if you were a Canadian citizen living abroad, you could pass down your rights of citizenship to children, grandchildren, great-grandchildren and so on indefinitely.
Now these children must establish an actual connection with Canada.
The federal government has essentially stated that the line has to be drawn somewhere.
There is an exception to this rule for people who were on official government business during that time. All children of a Canadian who was outside Canada working for a government or serving in the armed forces will also get citizenship.
If you actually renounced or voluntarily gave up your citizenship, you will not automatically get it back under the revised law.
The same is true if you obtained your citizenship through unlawful or fraudulent means and had it revoked.
The law is an ever-changing thing and it takes constant monitoring to keep up with changes.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. He can be reached at thelaw@producer.com.
