Child Born in Canada to Foreign Parents: Citizenship Rules Explained

If a child is born in Canada to foreign parents, that child is a Canadian citizen. This is one of the simplest and most straightforward aspects of Canadian citizenship law. Here is what you need to know.

The Rule: Jus Soli

Canada grants citizenship to anyone born on Canadian soil. This is called jus soli, Latin for "right of the soil." It applies regardless of the parents' citizenship, immigration status, or reason for being in Canada.

A child born in Canada to foreign parents is Canadian from the moment of birth. No application is needed for the citizenship itself. The child simply is Canadian.

The One Exception: Diplomatic Immunity

The only exception to jus soli in Canada is children born to foreign diplomats who are accredited to Canada under the Foreign Missions and International Organizations Act. If both parents are accredited foreign diplomatic agents at the time of the child's birth, the child does not receive Canadian citizenship.

This exception is narrow. It does not apply to:

• Children of consular staff (they do get citizenship)
• Children of international organization employees
• Children where only one parent is a diplomat

How to Get Proof of Citizenship

A child born in Canada to foreign parents can prove their citizenship in two ways:

1. Canadian birth certificate: Order from the provincial vital statistics office where the child was born. This is sufficient for most purposes within Canada.

2. Canadian citizenship certificate: Apply using form CIT 0001 if you need a formal citizenship certificate (for example, to apply for a passport from outside Canada).

Does This Give Parents Any Status?

No. A child's Canadian citizenship does not give the parents any right to live or work in Canada. The parents must apply through regular immigration channels (Express Entry, Provincial Nominee Program, etc.) if they wish to immigrate.

However, once the child turns 18 and meets income requirements, they can sponsor their parents to immigrate to Canada under the Parents and Grandparents Program.

Dual and Multiple Citizenship

A child born in Canada to foreign parents will typically hold multiple citizenships:

• Canadian citizenship (from being born in Canada)
• Parents' citizenship (most countries pass citizenship to children born abroad)

For example, a child born in Toronto to American parents is both Canadian and American. Both countries recognize dual citizenship, so there is no conflict.

The Difference from Citizenship by Descent

It is important to distinguish between:

• Born in Canada (jus soli): You are Canadian because you were born on Canadian soil. Simple.
• Born outside Canada to a Canadian parent (jus sanguinis): You are Canadian by descent. This is what Bill C-3 expanded.

If you were born in Canada, you do not need to worry about Bill C-3, generational limits, or ancestry chains. You are Canadian by birthright.

If you were born outside Canada but your parent was born in Canada (or is Canadian by descent), then citizenship by descent rules apply. MaplePass can help you navigate this process.

Birth Tourism Considerations

While Canadian law allows birthright citizenship, the Canadian government has expressed concerns about "birth tourism," where foreign nationals travel to Canada specifically to give birth. As of 2026, the law has not changed, but there have been policy discussions about potential reforms.

Regardless of the circumstances of birth, any child born on Canadian soil (except to diplomats) is a Canadian citizen under current law.