Bill C-31

Bill C-31 was introduced by the Liberal government of Prime Minister Justin Trudeau on February 21, 2017, as part of its commitment to reverse controversial citizenship laws enacted by the previous Conservative government. The bill specifically targeted provisions from the Strengthening Canadian Citizenship Act (2014), which allowed the government to revoke citizenship from dual nationals convicted of terrorism, treason, or espionage, and to impose a physical presence requirement of four years for citizenship applicants. The bill passed the House of Commons on May 3, 2017, and the Senate on May 30, 2017, receiving royal assent on June 19, 2017.¹

The most significant change was the repeal of the citizenship revocation provisions for dual nationals, meaning that Canadian citizens could no longer lose their citizenship solely for criminal acts. The bill also reduced the physical presence requirement from four years (1,460 days) back to three years (1,095 days) within a five-year period, and counted time spent in Canada as a temporary resident or protected person before obtaining permanent residence as half-days toward the requirement, up to a maximum of one year. Additionally, it removed the requirement that applicants intend to continue residing in Canada if they applied from abroad, and it restored the right to appeal citizenship decisions to the Federal Court.

Bill C-31 was widely praised by civil liberties groups and legal scholars as a restoration of the principle that citizenship is a fundamental right, not a privilege. The Canadian Civil Liberties Association called it a "major victory" for equality, noting that the previous law had created a two-tier system of citizenship. However, some critics argued that the bill did not go far enough, as it retained the ability to revoke citizenship from those who obtained it through fraud or misrepresentation. The bill also faced criticism from Conservative senators who argued it weakened national security measures, but the Liberal majority ensured its passage.²

One lesser-known aspect is that Bill C-31 also amended the Immigration and Refugee Protection Act to allow the Minister of Immigration to revoke citizenship from individuals who were convicted of terrorism or high treason, but only if they had been convicted of an offence under the Security of Canada Information Sharing Act — a provision that was later struck down as unconstitutional. Another obscure detail is that the bill's title, "An Act to amend the Citizenship Act," was identical to a previous Bill C-31 introduced in 2014, which had been a different piece of legislation. The 2017 bill also included a transitional provision that allowed individuals who had lost citizenship under the old law to apply for reinstatement, though this process was not automatic.³

Dual national

A person who holds citizenship in two countries simultaneously.

Royal assent

The formal approval of a bill by the monarch or their representative, making it law.

Physical presence requirement

The number of days an applicant must have resided in Canada before being eligible for citizenship.