Canadian Citizenship Act 1946 - Acquisition and Loss of Citizenship, 1947-1977

Acquisition and Loss of Citizenship, 1947-1977

In addition to those people who became Canadian citizens upon the coming into force of the Act (popularly known as the "1947 Act" due to the year it came into force), citizenship afterwards was generally acquired as follows:

• birth in Canada (except where neither parent is a citizen or permanent resident and either parent is a representative of a foreign government, their employee, or anyone granted diplomatic privileges or immunities)
• naturalization in Canada after five years' residence as a landed immigrant
• grant of citizenship to a foreign woman married to a Canadian man after one year's residence as a landed immigrant
• grant of citizenship to women who lost British subject status prior to 1947 upon marriage to a foreign man or his subsequent naturalization
• registration of a child born outside Canada to a Canadian "responsible parent" (being the father, if the child was born in wedlock, or the mother, if the child was born out of wedlock and was residing with the mother, if the father was deceased or if custody of the child had been awarded to the mother by court order)

Loss of Canadian citizenship generally occurred in the following cases:

• naturalization outside Canada
• in the case of a minor, naturalization of a parent
• service in foreign armed forces
• naturalized Canadians who lived outside Canada for 10 years and did not file a declaration of retention
• where a Canadian had acquired that status by descent from a Canadian parent, and who was either not lawfully admitted to Canada for permanent residence on the commencement of the Act or was born outside Canada afterwards, loss of citizenship could occur on the person's 22nd birthday unless the person had filed a declaration of retention between their 21st and 22nd birthday and renounced any previous nationality they possessed.

Although Canada restricted dual citizenship between 1947 and 1977, there were some situations where Canadians could nevertheless legally possess another citizenship. For example, migrants becoming Canadian citizens were not asked to formally prove that they had ceased to hold the nationality of their former country. Similarly children born in Canada to non-Canadian parents were not under any obligation to renounce a foreign citizenship they had acquired by descent. Holding a foreign passport did not in itself cause loss of Canadian citizenship.