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Canadian nationality law
Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act, which came into force on 15 February 1977 and is applicable to all provinces and territories of Canada.
With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language.
Canada is composed of several former British colonies whose residents were British subjects. After Confederation into a Dominion within the British Empire in 1867, Canada was granted more autonomy over time and gradually became independent from the United Kingdom. Although Canadian citizens have not been British subjects since 1977, they continue to hold favoured status when residing in the UK. As Commonwealth citizens, Canadians are eligible to vote in UK elections and serve in public office there.
European settlement of North America began with the arrival of the first colonists from England and France in the 16th century. The rival empires competed to expand their territorial control until British victory in the Seven Years' War and annexation of French Canada in 1763. Despite the loss of the Thirteen Colonies in 1783, British presence on the continent continued to expand through the 19th century, often in contest with the United States as the two powers raced to settle the Pacific Northwest. British nationality law applied to the North American colonies, as was the case elsewhere in the British Empire. Residents of these colonies and all other imperial citizens were British subjects; any person born in British North America, the United Kingdom, or anywhere else within Crown dominions was a natural-born British subject.
British nationality law during this time was uncodified and did not have a standard set of regulations, relying instead on precedent and common law. Until the mid-19th century, it was unclear whether naturalization rules in the United Kingdom were applicable in other parts of the Empire. Each colony had wide discretion in developing their own procedures and requirements for admitting foreign settlers as subjects.
Naturalization in Britain was achieved through private Acts of Parliament until 1844, when a more streamlined administrative process was introduced. The North American colonies emulated this system in their own naturalization legislation, which was enacted in all local legislatures by 1868. In 1847, the Imperial Parliament formalised a clear distinction between subjects who naturalized in the UK and those who did so in other territories. Individuals who naturalized in the UK were deemed to have received the status by imperial naturalization, which was valid throughout the Empire. Those naturalizing in colonies were said to have gone through local naturalization and were given subject status valid only within the relevant territory; a subject who locally naturalized in British Columbia was a British subject there, but not in England or New Zealand. Nevertheless, locally naturalized British subjects were still entitled to imperial protection when travelling outside of the Empire.
Married women generally followed the nationality status of their husbands. Upper Canada enacted local legislation in 1849 that automatically naturalized foreign women who married British subjects, mirroring regulations enacted in the UK in 1844. After Britain established marital denaturalization for British subject women who married non-British men in 1870, Canada adapted its rules to match this in 1881. The 1870 regulations provided that any British subject who acquired a foreign nationality automatically lost subject status.
On July 1, 1867, three British North American colonies (the Province of Canada, New Brunswick, and Nova Scotia) united to form the Dominion of Canada. The status of Canadians as British subjects remained unchanged despite the creation of this federation. Federal nationality legislation enacted in 1868 superseded laws of the new provinces; naturalization in one of the provinces became automatically valid in all of them. Foreigners were able to naturalize as British subjects in Canada after residing in the Dominion for at least three years, fulfilling a good character requirement, and swearing an oath of allegiance. By 1880, Britain had transferred all of its remaining North American territory to Canada except Newfoundland Colony, which became a separate Dominion in 1907.
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Canadian nationality law
Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act, which came into force on 15 February 1977 and is applicable to all provinces and territories of Canada.
With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language.
Canada is composed of several former British colonies whose residents were British subjects. After Confederation into a Dominion within the British Empire in 1867, Canada was granted more autonomy over time and gradually became independent from the United Kingdom. Although Canadian citizens have not been British subjects since 1977, they continue to hold favoured status when residing in the UK. As Commonwealth citizens, Canadians are eligible to vote in UK elections and serve in public office there.
European settlement of North America began with the arrival of the first colonists from England and France in the 16th century. The rival empires competed to expand their territorial control until British victory in the Seven Years' War and annexation of French Canada in 1763. Despite the loss of the Thirteen Colonies in 1783, British presence on the continent continued to expand through the 19th century, often in contest with the United States as the two powers raced to settle the Pacific Northwest. British nationality law applied to the North American colonies, as was the case elsewhere in the British Empire. Residents of these colonies and all other imperial citizens were British subjects; any person born in British North America, the United Kingdom, or anywhere else within Crown dominions was a natural-born British subject.
British nationality law during this time was uncodified and did not have a standard set of regulations, relying instead on precedent and common law. Until the mid-19th century, it was unclear whether naturalization rules in the United Kingdom were applicable in other parts of the Empire. Each colony had wide discretion in developing their own procedures and requirements for admitting foreign settlers as subjects.
Naturalization in Britain was achieved through private Acts of Parliament until 1844, when a more streamlined administrative process was introduced. The North American colonies emulated this system in their own naturalization legislation, which was enacted in all local legislatures by 1868. In 1847, the Imperial Parliament formalised a clear distinction between subjects who naturalized in the UK and those who did so in other territories. Individuals who naturalized in the UK were deemed to have received the status by imperial naturalization, which was valid throughout the Empire. Those naturalizing in colonies were said to have gone through local naturalization and were given subject status valid only within the relevant territory; a subject who locally naturalized in British Columbia was a British subject there, but not in England or New Zealand. Nevertheless, locally naturalized British subjects were still entitled to imperial protection when travelling outside of the Empire.
Married women generally followed the nationality status of their husbands. Upper Canada enacted local legislation in 1849 that automatically naturalized foreign women who married British subjects, mirroring regulations enacted in the UK in 1844. After Britain established marital denaturalization for British subject women who married non-British men in 1870, Canada adapted its rules to match this in 1881. The 1870 regulations provided that any British subject who acquired a foreign nationality automatically lost subject status.
On July 1, 1867, three British North American colonies (the Province of Canada, New Brunswick, and Nova Scotia) united to form the Dominion of Canada. The status of Canadians as British subjects remained unchanged despite the creation of this federation. Federal nationality legislation enacted in 1868 superseded laws of the new provinces; naturalization in one of the provinces became automatically valid in all of them. Foreigners were able to naturalize as British subjects in Canada after residing in the Dominion for at least three years, fulfilling a good character requirement, and swearing an oath of allegiance. By 1880, Britain had transferred all of its remaining North American territory to Canada except Newfoundland Colony, which became a separate Dominion in 1907.