By: Benjamin Merrill, Articling Student
Prime Minister Justin Trudeau’s recent resignation and announcement that Parliament would be prorogued until March 24, 2025, comes at a crucial time when Bill C-71: An Act to amend the Citizenship Act (2024), also known as the “Lost Canadians Act”, had reached the necessary stages of Parliament to become law.
Bill C-71, which Partners Joycna Kang and Mathew Wilton discussed in previous posts, was introduced in Parliament in May 2024, after the Ontario Superior Court of Justice struck down the ‘first generation limit’ to Canadian citizens by descent. The Court found the denial of citizenship to children born overseas to Canadians who were also born outside the country to be unconstitutional.
Since the introduction of Bill C-71, Parliament has continued to request more time to pass the law. The most recent extension – approved in December 2024 – allowed Parliament another three months to pass the law, with a new deadline of March 19, 2025. For now, the first-generation limit remains in effect.
With Parliament prorogued and an impending election around the corner, we understand there is uncertainty surrounding the future of Bill C-71, and the reinstated rights to citizenship for new citizens.
To better understand how prorogation works, its impact on Bill C-71, and how we might expect a new government to affect the future of Bill C-71, see our thoughts below:
What is Prorogation of Parliament?
Prorogation grants the Prime Minister (through the approval of the Governor General) the ability to terminate all proceedings in session before Parliament. This means that Parliament is suspended and all parliamentary activities, including committee work and bills, are halted until a subsequent session of Parliament reintroduces them.
Once the House of Commons reconvenes for a new session, the legislative agenda is reset and bills that did not receive Royal Assent prior to prorogation must be reintroduced by a motion, otherwise, the bill(s) may be abandoned.
How will the Prorogation of Parliament and impending election impact Bill C-71?
According to the House of Commons Procedure and Practice Handbook, bills which have not received Royal Assent prior to prorogation are “entirely terminated”, and must be reintroduced as if never presented in Parliament to begin with.
Bill C-71: An Act to amend the Citizenship Act (2024) is among twenty-six government bills yet to receive Royal Assent before Parliament and are automatically terminated upon prorogue of Parliament.
While it is possible Parliament will reintroduce Bill C-71 in a new session, it remains to be seen given the impending election and uncertainty about which party will take power.
What differences in the proposed changes might we expect under a new government?
It is difficult to say with any certainty what will come of Bill C-71 once Parliament is back in session. However, we have seen a more restrictive and limiting approach towards immigration and citizenship in recent years.
For now, with numerous extensions and Parliament prorogued, it is uncertain whether Bill C-71will be reintroduced in a new session. However, we remain hopeful that Parliament will recognize the importance that Bill C-71 means to a generation of “Lost Canadians” to finally obtain their Canadian citizenship.