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Canadian citizen

Canadian citizenship
This article is part of a series
Immigration
Immigration to Canada
History of immigration to Canada
Economic impact of immigration
Canadian immigration and refugee law
Immigration Act, 1976
Immigration and Refugee Protection Act
Permanent residency
Temporary residency
Permanent Resident Card
Canadian nationality law
History of nationality law
Citizenship Act 1946
Citizenship Test
Oath of Citizenship
Agencies
Immigration, Refugees and Citizenship Canada
Citizenship classes
Honorary citizenship
Commonwealth citizen
Issues
Lost Canadians
"Canadians of convenience"
Demographics of Canada
Canadians
Population by year
Ethnic origins

Canadian nationality law determines who is eligible to be a citizen of Canada. Canadian nationality is typically obtained by birth in Canada, or birth abroad when at least one parent is a Canadian citizen or by adoption by at least one Canadian citizen. It can also be granted to a permanent resident who has lived in Canada for a period of time.

After Canadian Confederation was achieved in 1867, the new Dominion's "nationality law" initially closely mirrored that of the United Kingdom and all Canadians were classified as British subjects. Section 91(25) of the British North America Act, 1867, passed by the British Parliament in London (now referred to as the Constitution Act, 1867), however, gave the Parliament of Canada authority over "Naturalization and Aliens". The Immigration Act, 1910, for example, created the status of "Canadian citizen". This distinguished those "British subjects" who were born, naturalized, or domiciled in Canada from those who were not, but was only applied for the purpose of determining whether someone was free of immigration controls. The Naturalization Act, 1914, increased the period of residence required to qualify for naturalization in Canada as a "British subject" from three years to five years. A separate additional status of "Canadian national" was created under the Canadian Nationals Act, 1921, in order that Canada could participate in international forces or military expeditions separately from Britain.

Canadian independence from Britain was obtained incrementally between 1867 (confederation and Dominion status within the Empire) and 1982 (patriation of the Canadian constitution). In 1931, the Statute of Westminster provided that the United Kingdom would have no legislative authority over Dominions without the request and consent of that Dominion's government to have a British law become part of the law of the Dominion. The law also left the British North America Acts within the purview of the British parliament, because the federal government and the provinces could not agree on an amending formula for the Canadian constitution. (Similarly, the neighbouring Dominion of Newfoundland did not become independent because it never ratified the Statute.) When, in 1982, the British and Canadian parliaments produced the mutual Canada Act 1982 (UK) and Constitution Act 1982 (Canada), which included a constitutional amendment process, the UK ceased to have any legislative authority whatsoever over Canada.


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