Canadian Citizenship Act 1946
Encyclopedia
The Canadian Citizenship Act is an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

 of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, which was enacted June 27, 1946, and came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...

s.
The Act can be cited as: Canadian Citizenship Act, S.C. 1946, c. 15.

History

Before 1947, there was no legal existence of Canadian citizenship. The first act to deal with Canadian identity was the Immigration Act of 1910, but it was merely to facilitate government desire to populate Western Canada. The Naturalization Act of 1914 and the Canadian Nationals Act of 1921 provided a limited definition of a Canadian nationals and was made necessary to allow Canada to participate in the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...

 and membership in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

.

The act also repealed numerous anti-immigration acts enacted in the late 1800s and early 1900s.

This act was superseded on February 15, 1977 by a new Citizenship Act
Canadian nationality law
Canadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen and was born or naturalized in Canada, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out...

 which, with various amendments, is still in force. One of the most significant changes to Canadian law in the current Citizenship Act is that dual Canadian/other citizenship
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...

 — generally banned prior to 1977 — has become permissible with essentially no restrictions.

As of April 17, 2009 there has been a change to the Canadian Citizenship Act. Any Canadian who had to renounce their citizenship in order to become a citizen of another country will again have Canadian Citizenship, but will need to apply to receive proof ― i.e., citizenship card. It also limits Canadian citizenship to those born outside of Canada, to one generation only.

Other related acts:
  • Foreign Ownership of Land Regulations
  • Citizenship Regulations, 1993


The 1947 Act repealled the Chinese Immigration Act, 1923
Chinese Immigration Act, 1923
The Chinese Immigration Act, 1923, known in the Chinese Canadian community as the Chinese Exclusion Act, was an act passed by the Parliament of Canada, banning most forms of Chinese immigration to Canada...

, but the immigration act did not open Canada for non-European migration until government policy promoted independent and family cases after 1967 (especially with the Immigration Act, 1976
Immigration Act, 1976
The Immigration Act in Canada was created in 1976 by then Prime Minister Pierre Trudeau. It focused on who should be allowed into Canada, not on who should be kept out. The Act came into force in 1978 along with new Immigration Regulations. This Act gave more power to the provinces to set their own...

).
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