Every person born outside Canada after 15 February 1977, who has a Canadian parent at the time of birth, is automatically a Canadian citizen by descent. Every such person whose Canadian parent or parents were also not born in Canada and obtained their citizenship at birth by descent (i.e. second generation born abroad) must have successfully applied to maintain their Canadian citizenship before their 28th birthday, that is, if their 28th birthday took place before 17 April 2009. People falling into that category who did not take steps to maintain their citizenship lost their citizenship on that birthday. With Bill C-37[4] coming into effect on 17 April 2009, there is no longer a requirement nor any allowance to apply to maintain citizenship.
Bill C-37[4] came into effect on 17 April 2009, which changed the rules for Canadian citizenship. Individuals can now become Canadian citizens by descent only if one of their parents was either a native-born citizen of Canada or a foreign-born but naturalized citizen of Canada. The new law limits citizenship by descent to one generation born outside Canada.
All individuals born outside Canada but within one generation of the native-born or naturalized citizen parent are automatically recognized as Canadian citizens (retroactive to date of birth or date citizenship was lost).[4] The second generation born abroad, however, are not citizens of Canada at birth. Such an individual might even be stateless if he or she has no claim to any other citizenship. The second generation born abroad can only gain Canadian citizenship by immigrating to Canada; this can be done by their Canadian citizen parents sponsoring them as dependent children, a category with fewer requirements, which would also take less time than most other immigration application categories.
Under new rules introduced in 2009, foreign nationals being adopted by Canadian citizens can now acquire Canadian citizenship immediately upon completion of the adoption, without first entering Canada as a permanent resident under the previous rules.