Canadian Citizenship by Birth: Rules, Exceptions & Expert Advice
If you were born in Canada, you may automatically be a Canadian citizen, but mistakes can lead to delays or refusal.
Contact our immigration lawyers today for tailored advice on your eligibility and expert support preparing and submitting your Canadian citizenship application correctly.
Reach out to one of our immigration advisers on +1 844 290 6312
Page Contents
- Overview of Canadian Citizenship by Birth
- When Can an Individual Claim Citizenship Through the ‘Jus Soli’ Principle?
- What Advantages and Rights Would the Canadian Child Have?
- What Are the Exceptions to the ‘Jus Soli’ Principle?
- How Can I Prove My Canadian Citizenship Status?
- Are There Any Restrictions on Birth Tourism?
- How Can Total Law Help?
- Frequently Asked Questions
What is Canadian Citizenship by Birth
In general, a person born in Canada is a Canadian citizen at birth, subject to limited exceptions under the Citizenship Act.. This principle is also commonly known as birthright citizenship.
This occurs even if neither of the child’s parents are Canadian citizens or residents themselves.
There are only a few exceptions to this rule, all of which involve the occupation of one or more parents that may potentially prevent citizenship from being conferred (such as if they were foreign diplomats).
Obtaining Canadian citizenship by birth is one of the four main ways that an individual can obtain Canadian citizenship. The other three ways are through naturalization, descent, and adoptive parents.

When Can an Individual Claim Citizenship Through the ‘Jus Soli’ Principle?
Under the Citizenship Act, a person born in Canada is generally a Canadian citizen at birth, subject to limited exceptions.
This includes the following locations:
- Canadian soil
- The internal waters of Canada and the territorial sea of Canada
- Canadian airspace
- A Canadian vessel or aircraft
This will be regardless of the citizenship or residency status of the biological or legal parents. Because of this, it is entirely possible for non-Canadian foreign nationals to travel to Canada and give birth in order to confer Canadian citizenship to their child.
However, although the child would technically have right of residence in Canada in this instance, the parents will still have to adhere to the specific immigration permission that they’ve been granted by Immigration, Refugees and Citizenship Canada (IRCC). This is because having a Canadian-born child will not confer any special residence or immigration permissions to the parents.
Parents visiting Canada temporarily must leave when their authorised stay ends unless they obtain an extension or another status allowing them to remain.
What Advantages and Rights Would the Canadian Child Have?
After a child is born in Canada, they would be granted the same full rights and privileges as any other Canadian child citizen.
These include the following:
- The right to carry a Canadian passport
- The ability to freely travel to and from Canada without being subject to immigration control or restrictions
- The right to vote (upon reaching 18)
- The right to take up certain jobs that require high security clearance (upon reaching the appropriate age)
- The ability to spend as much time outside of Canada without losing any of the above rights and freedoms
It is likely that the Canadian-born child will return to their parents’ home country after being born, particularly if the parents were only in Canada on limited immigration permission.
Because of this, the child would normally be able to reap the benefits of dual citizenship, with the option to return to Canada in later life to live, work and study there if they wish.
A Canadian-born parent can generally pass Canadian citizenship to a child born abroad, subject to the rules governing citizenship by descent.
What Are the Exceptions to the ‘Jus Soli’ Principle?
The Canadian ‘jus soli’ principle only has a few exceptions.
A child born in Canada will not be conferred citizenship if neither parent was a citizen or lawfully admitted to Canada for permanent residence, and either parent was any of the following:
- A diplomat or a consular officer of a foreign government (or an employee in the service of these persons)
- An employee or another representative of a foreign government (or an employee in the service of these persons)
- An officer or an employee of a specialized agency of the United Nations
- An officer or an employee of any other international organization with diplomatic privileges and immunities
If any of these situations apply, a child born in Canada will likely only obtain the citizenship of either or both parents.
Registering a Birth in Canada
Birth registration in Canada is done at the provincial/territorial level. You must register your child’s birth with the vital statistics office of the province or territory where your baby was born. Most provinces mandate birth registration within 30 days of birth. You can register your child’s birth regardless of your immigration status, as Canadian law grants automatic citizenship to children born in Canada (with limited exceptions). After you complete the birth registration, you can apply for your child’s Canadian birth certificate.
To register your child’s birth, you’ll complete a birth registration form, also called a Statement of Live Birth, at the hospital or birthing centre where you had the baby. The form will then be submitted to the vital statistics office. Many provinces now provide online application services that make the process easier and faster.
The core required information for registration is the same across provinces: the child’s name, date and place of birth, and the parents’ names, birth dates, and places of birth. Birth registration is free, but an official birth certificate costs $25 to $47. In most provinces, you can register your child’s birth and apply for their birth certificate, Social Insurance Number (SIN), Canada Child Benefit (CCB), and education savings referral in one application.
How Can I Prove My Canadian Citizenship Status?
Proving Canadian Citizenship After Birth
In most cases, you can use a birth certificate issued by a Canadian province or territory as proof of Canadian citizenship. You can also apply for a citizenship certificate if you want one.
You cannot use your Canadian birth certificate as proof of citizenship if both of the following were true when you were born:
- Neither of your parents was a Canadian citizen or permanent resident of Canada.
- At least one parent worked in Canada for a foreign government or international organisation and held diplomatic privileges and immunities.
Immigration, Refugees and Citizenship Canada (IRCC) also does not accept DND 419 birth certificates as proof of citizenship. The Department of National Defence issued these certificates to children born outside Canada to Canadian Armed Forces personnel before November 1979. If either exception applies and you are a Canadian citizen, you can apply for a citizenship certificate as proof.
If you were born abroad to a Canadian parent, you can apply for an official Canadian citizenship certificate to confirm your status. For children born abroad on or after December 15, 2025, a Canadian parent who was also born abroad generally needs to show that they spent at least 1,095 days in Canada before the child was born to pass on citizenship. A parent can apply for a citizenship certificate on the child’s behalf.
You can apply online through IRCC if eligible, or by completing and mailing a paper application. The fee is $CAN 75.
Along with your application, you must provide documents supporting your claim to Canadian citizenship. These may include a long-form birth certificate showing the parent-child relationship, proof of your parent’s Canadian citizenship, and a marriage or adoption record if applicable. Include translations that meet IRCC’s requirements for any documents that are not in English or French.
You can use a citizenship certificate as proof of citizenship when applying for a Canadian passport, a Social Insurance Number (SIN), or government benefits. A citizenship certificate cannot be used as ID, and neither a birth certificate nor a citizenship certificate can be used as a travel document. For travel to and from Canada, you need a valid passport or other accepted travel document.

Getting a Passport for Your Canadian-born Child
You can apply for a Canadian passport for your child through the Passport Program. To apply for a child’s passport, you must be:
- One of the child’s parents.
- The parent with custody and decision-making responsibilities for the child (if you’re separated or divorced).
- The child’s legal guardian.
You must complete and sign the child passport application form (PPTC 155). Both parents or legal guardians must sign section 2 of the application. You will also need a guarantor to sign one of the child’s photos. The guarantor must be an adult Canadian citizen who has known you for at least 2 years and knows the child.
You can submit the application by mail or in person at a passport office, a Service Canada Centre, or at the nearest Government of Canada office if you’re applying abroad. You’ll need to submit the following documents along with the application:
- Proof of the child’s Canadian citizenship.
- Proof of parentage or legal guardianship.
- 2 identical passport-sized photos of the child.
- The child’s previous Canadian passport or travel document (if applicable).
- All legal documents containing any valid clauses related to custody, parental responsibilities, and mobility.
A child’s passport costs $58.50 when applying within Canada and $102.50 when applying outside of Canada. It is valid for up to 5 years and remains valid until it expires, even if the child turns 16.
What Status Do the Child’s Parents Have?
You do not automatically receive Canadian residency rights, work authorization, permanent residency, or citizenship just because your child is a Canadian citizen.
Children born in Canada automatically receive Canadian citizenship regardless of whether their parents were visitors, foreign students, or out of status. The child’s citizenship does not change the parents’ legal status or permits. They’re separate legal matters.
A Canadian citizen child can only sponsor their parents for Canadian permanent residency after they become adults (at least 18 years old). Even then, the child must reside in Canada and meet strict financial requirements to be able to sponsor their parents.
Non-resident parents of Canadian children can pursue Canadian residency on their own merit by applying for one of Canada’s immigration pathways, provided they meet the eligibility criteria. Alternatively, they can wait until the child reaches adulthood and can sponsor them for permanent residency or a Super Visa.
Are There Any Restrictions on Birth Tourism?
One of the most common questions that arise from Canada’s citizenship laws is that of birth tourism. Birth tourism refers to the act of travelling to another country with the sole intention of giving birth there, thus conferring citizenship or residency rights onto the child (or sometimes also the parents).
Due to Canada’s ‘jus soli’ rules, birth tourism is noted by the Canadian government as a phenomenon that may occur when processing immigration applications. As a result, visitors to Canada may be concerned if there are any restrictions or limitations placed on people who may visit Canada specifically to give birth, or may give birth while in Canada.
The Guidance on Birth Tourism
As IRCC state in their official guidance, “Giving birth in Canada does not represent a violation of any terms or conditions that may be applied to a temporary resident”.
Pregnancy or an intention to give birth in Canada is not, by itself, a ground for refusal, but visitors must still meet all temporary-resident and admissibility requirements.
Instead, visitors will be assessed using the standard visitor visa guidance that is used with all applicants. For example, they will be assessed on (amongst other things) whether:
- They have enough funds to support themselves during their visit
- They intend to return to their home country after their visit
- They’re inadmissible to Canada
In addition, the healthcare risks associated with pregnancy and childbirth will not affect the applicant’s assessment on exceeding the excessive demand threshold on Canadian healthcare systems.
Providing false information or withholding relevant information about your circumstances may affect admissibility under Canada’s immigration rules.
How Can Total Law Help?
Birth can be one of the most common ways that Canadian citizenship is conferred onto an individual, due to the broadness of the ‘jus soli’ rule.
However, if you require assistance with the issue of your Canadian citizenship status, or have any questions, concerns or queries about Canadian citizenship by birth, Total Law can help.
We offer complete and comprehensive immigration advice to our clients on a range of topics and issues. Our fully qualified immigration advisers have the tools and knowledge you need to assist with your immigration case, regardless of its size or complexity.
Whether you wish to learn more about the process in which Canadian citizenship is conferred, have questions or concerns about your own citizenship status, or want to find out more about the options available to help you immigrate to Canada, we can help.
We also offer various Advice and Application packages to help with the process of applying for Canadian immigration, such as if you’re looking to settle in Canada permanently with a view to becoming a permanent citizern there.
For more information about the services we offer and what we can do for you, speak to one of our legal experts on +1 844 290 6312, or contact us online today.
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Related pages for your continued reading.
Frequently Asked Questions
Yes, Canada allows dual and even multiple citizenships. This means that you’re allowed to take citizenship in other countries without having to renounce your Canadian citizenship.
However, you must check that other countries you wish to become citizens in also allow dual or multiple citizenships. If it’s the case that you wish to become a citizen of a country that doesn’t allow dual citizenships, you may have to renounce your prior citizenship to your first country in order for this to take effect.
Despite the special relationship and immigration permissions shared between Canada and the U.S, there are no ways in which a Canadian-born child can automatically obtain U.S. citizenship, unless one or more parents were U.S. citizens themselves.
Instead, the Canadian-born child must become a permanent resident of the U.S. themselves and go through the usual process of becoming a fully-naturalized U.S. citizen in order to obtain U.S. citizenship.
As of the time of writing, there are only two ways in which you can lose your Canadian citizenship.
The first of these is by wilfully renouncing your citizenship.
Individuals may choose to renounce their citizenship if they wish to become a citizen of a country that does not allow dual citizenship, or for personal reasons, such as in an act of political protest.
The second method is by having your citizenship revoked.
There are only a handful of limited situations where you may have your Canadian citizenship revoked. These include the following:
- Lying or knowingly concealing information on your citizenship application
- Committing citizenship or immigration fraud
- Terrorism
- High treason
- Espionage