Canadian Citizenship Act 1946 - Creation of Canadian Citizenship, January 1947

Creation of Canadian Citizenship, January 1947

Canadian citizenship, as a status separate from British nationality, was created by the Canadian Citizenship Act, 1946, which came into effect on 1 January 1947.

Canadian citizenship was generally conferred immediately on the following persons:

  • a British subject who was born in Canada (and had not become an alien before 1947)
  • a person other than a natural-born Canadian citizen:
    • who was granted, or whose name was included in, a certificate of naturalization under any act of the Parliament of Canada and had not become an alien at the commencement of the Act, or
    • who was a British subject who had acquired Canadian domicile (i.e., five years' residence in Canada as a landed immigrant) before 1947
  • a British subject who lived in Canada for 20 years immediately before 1947 and was not, on 1 January 1947, under order of deportation
  • women who were married to a Canadian before 1947 and who entered Canada as a landed immigrant before 1947
  • children born outside Canada to a Canadian father (or mother, if born out of wedlock) before 1947

In the latter two cases, a "Canadian" was a British subject who would have been considered a Canadian citizen if the 1947 Act had come into force immediately before the marriage or birth (as the case may be).

Where the child born outside Canada was not a minor (i.e., was not under 21 years in age) at the time the Act came into force, proof of landed immigrant status was required to confirm Canadian citizenship.

Read more about this topic:  Canadian Citizenship Act 1946

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