Prior to January 1, 1947, there was no citizenship statute in existence. Canada was in the curious position of being a nation without citizens. This was corrected on January 1, 1947 with the Canadian Citizenship Act, S.C. 1946, c.15 (the "1947 Act"). The 1947 Act recognized Canadian citizenship for the first time.

The subsequent Citizenship Act, R.S.C. 1985, c. C-29 (the "1977 Act") replaced the 1947 Act on February 15, 1977. It contained various provisions designed to preserve the citizenship rights of citizens under the 1947 Act. It also recognized limited citizenship rights for persons born in Canada before the 1947 Act came into effect.

Amendments were made to the 1977 Act on April 17, 2009 (the "2009 Amendments"), as a result of Bill C-37. The 2009 Amendments retroactively restores Canadian citizenship to some Canadians who previously lost citizenship and gives Canadian citizenship to some individuals who never previously acquired it. However, it also limits Canadian citizenship to the first generation born abroad.

As in the case of citizenship through birth in Canada, the right of citizenship through parentage was limited to the children of a father or, in the case of a person born out of wedlock, a mother who was not an alien. Section 2 of the 1947 Act defined "alien" as a person who was not a Canadian citizen, Commonwealth Citizen, British subject or citizen of the Republic of Ireland.

Specifically, Paragraph 4(1)(b) of the 1947 Act provided that a person born outside Canada (other than on a Canadian ship) who, on the January 1, 1947, was not an alien and was either a minor on that date or had, before that date, been lawfully admitted to Canada for permanent residence and his father or (in the case of a person born out of wedlock) his mother:

1. Was born in Canada or on a Canadian ship and was not an alien at the time of that person's birth;

2. Was, at the time of that person's birth, a British subject who had Canadian domicile;

3. Was, at the time of that person's birth, a person who had been granted, or whose name was included in, a certificate of naturalization; or

4. Was a British subject who had his/her place of domicile in Canada for at least twenty years immediately before the 1st day of January 1947, and was not, on that date, under an order of deportation

was considered a Canadian citizen.

According to Subsection 11(2) of the 1977 Act, a woman who

1. Ceased to be a British subject by virtue of any law of Canada in force before January 1, 1947, by reason of her marriage or acquisition by her husband of foreign nationality; and

2. Would have been a Canadian citizen had the 1947 Act come into force immediately before her marriage or acquisition by her husband of a foreign nationality

may automatically reacquire citizenship immediately upon filing a notice to the Minister that she elects to be a Canadian citizen.

Subsection 4(2) of the 1947 Act required persons who were minors on January 1, 1947 and who gained Canadian citizenship under Section 4(1)(b) of the 1947 Act to register within a certain period. It stated that such a person would cease to be a Canadian citizen three years after the date on which he or she attained the age of twenty-one, or on January 1, 1954, whichever was later unless he:

1. Had his place of domicile in Canada at such date; or

2. Had, before such date and after attaining the age of twenty-one, filed a declaration of retention of Canadian citizenship.

Persons Born After December 31, 1946 but Before February 15, 1977

Overview

1. His father, or in the case of a child born out of wedlock, his mother, was a Canadian citizen at the time of the person's birth; and

2. The birth was registered, in accordance with the regulations, within two years after its occurrence or within such extended period as the Minister may, under the regulations, authorize in special cases.

Paragraph 3(1)(e) of the 1977 Act continued to recognize this right. It stated that a person who was entitled, immediately before February 15, 1977, to become a Canadian citizen under Paragraph 5(1)(b) of the 1947 Act was a Canadian citizen.

Children of Canadian Mothers Born in Wedlock Not Initially Entitled to Citizenship

Retention Requirements for Second and Subsequent Generation Applicants born after February 14, 1977

Under the 1977 Act, a retention requirement existed for second generation children whose Canadian parent was also born abroad. According to Section 8 of the 1977 Act, if a person was born outside Canada after February 14, 1977 and was a Canadian citizen by reason that, at the time of his/her birth, one of his/her parents was also a Canadian citizen by virtue of Subsection 3(1)(b) or 3(1)(e), the person would cease to be a Canadian citizen upon attaining twenty-eight years of age, unless that person:

1. Made an application to retain citizenship; and

2. Registered as a Canadian citizen and either resided in Canada for a period of at least one year immediately preceding the date of the application or established a substantial connection with Canada.

The 2009 Amendments

1. Is less than 23 years old;
2. Has resided in Canada for at least three years during the four years immediately preceding the date of the citizenship application;
3. Has always been stateless; and
4. Has not been convicted of certain national security offences.