Under Canada’s jus soli (right of the soil) law, almost any infant born on Canadian soil automatically acquires Canadian citizenship, effectively preventing statelessness. The primary exception applies to children born to foreign diplomats, where neither parent is a Canadian citizen or Permanent Resident at the time of the child’s birth.
Canada is globally recognized as one of the most welcoming countries, largely due to its broad citizenship laws. A fundamental principle of the Canadian legal system is jus soli, a Latin term meaning “right of the soil.” This law dictates that anyone born within Canada’s territorial borders-whether in a major hospital in Toronto, a clinic in Calgary, or even on a Canadian-registered aircraft-is automatically granted Canadian citizenship . This rule applies regardless of the parents’ immigration status.
Because of this inclusive law, it is extremely rare for an infant born in Canada to be rendered “stateless” (a person who is not considered a national by any country under the operation of its law) 📌. As of May 2026, Canada continues to uphold its international obligations under the UN Convention on the Reduction of Statelessness. However, there are highly specific exceptions, particularly involving foreign government officials. Understanding these rules is essential for foreign nationals giving birth in a Canadian province.
Step-by-Step Process for Establishing Citizenship by Birth in Canada
While citizenship by birth is automatic for the vast majority, parents must still undergo provincial administrative steps to formally document the child’s identity and secure their federal rights.
Step 1: Registering the Birth Provincially
Immediately after the infant is born, the hospital will provide a Statement of Live Birth. The parents must register this birth with the provincial government where the child was born (for example, ServiceOntario or Service BC) . Even if the parents are in Canada on temporary visitor visas, study permits, or lack legal status entirely, they have the legal right to register the birth of their child.
Step 2: Securing the Long-Form Birth Certificate
Once the birth is registered, parents should order a physical copy of the provincial birth certificate. It is highly recommended to order the “long-form” birth certificate, which includes the names of the parents 📋. This provincial document is the ultimate proof of the child’s birth on Canadian soil and serves as the foundational document for proving their Canadian citizenship.
Step 3: Navigating the Diplomatic Exception
The only significant exception to jus soli involves foreign diplomats. If a child is born in Canada to a parent who is a recognized foreign diplomat, consular officer, or an employee of a foreign government (like the United Nations), the child does not automatically become a Canadian citizen . However, if one of the parents happens to be a Canadian citizen or a Permanent Resident at the time of the birth, the child will still inherit citizenship.
Step 4: Applying for a Canadian Passport
With the provincial birth certificate in hand, the parents can apply for a Canadian passport on behalf of their child through Service Canada. If the parents are foreign nationals who must eventually return to their home country, their child can travel with them using the Canadian passport. The child retains their Canadian citizenship for life and has the absolute right to return to Canada, live, and work when they are older.
How Much Does it Cost to Register a Birth?
Acquiring the proof of a child’s Canadian citizenship involves minor provincial and federal administrative fees. Medical costs for the actual delivery are separate and can be expensive for non-residents.
| Administrative Document | Estimated Cost (CAD) |
|---|---|
| Provincial Birth Registration | Generally free (Done online or at the hospital). |
| Provincial Birth Certificate | $25 to $50 CAD (Depends on the specific province). |
| Canadian Passport (Child) | $57 CAD for a standard child passport (Valid for 5 years). |
| Hospital Delivery Fees (Uninsured) | $5,000 to $20,000+ CAD (If parents do not have provincial health insurance). |
How Long Does the Process Take?
The timeline to secure official documentation is relatively fast . Registering the birth online takes only a few minutes. Receiving the physical birth certificate from the provincial vital statistics agency typically takes 3 to 4 weeks. Once the birth certificate is received, processing a standard child’s Canadian passport application through Service Canada usually takes an additional 10 to 20 business days. Overall, a child’s citizenship status is fully documented within two months of birth.
Frequently Asked Questions (FAQ)
If my child is a Canadian citizen, can they sponsor me immediately?
No. While your infant is a Canadian citizen, they cannot sponsor their parents for Permanent Residence until they reach the age of 18 and meet strict minimum income requirements set by the federal government.
Does “birth tourism” give the parents the right to stay in Canada?
No. Having a Canadian child does not automatically grant the foreign parents any legal status to remain in the country. If the parents’ temporary visas expire, they may be required to leave Canada, and they can choose to take their Canadian child with them.
What happens if an infant is found abandoned in Canada?
Under the Canadian Citizenship Act, a newborn infant found deserted in Canada is legally presumed to have been born in Canada. Therefore, the child is granted Canadian citizenship automatically, protecting them from statelessness.
Can the Canadian government revoke citizenship obtained by birth?
Generally, citizenship acquired by birth on Canadian soil cannot be revoked, even if the parents are later found to have committed immigration fraud. The right belongs independently to the child.
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