An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act

Bill C-274 creates a new pathway to Canadian citizenship for people who, as children, were in the care of a child welfare agency, foster parent, guardian, or similar arrangement in Canada, but who were not Canadian citizens at the time they aged out of that care. Under the new rules, a person can qualify if they were not returned to a parent's custody (except within a year of turning 18), spent at least 365 days total in one of these care arrangements, have been physically present in Canada for at least 1,095 days before applying, and have not lived outside Canada for more than 10 years since turning 18. Applicants can prove their history in care with a written statement, and the Minister has discretion to waive any of these requirements on compassionate grounds.

The bill also changes immigration law so that someone who has applied for citizenship under this new process cannot be removed (deported) from Canada while their application is being decided. If such a person is later granted citizenship, any existing but unenforced removal order against them is automatically cancelled.

In effect, the bill is aimed at protecting former youth-in-care who grew up in Canada without citizenship status, giving them a clear route to become citizens and shielding them from deportation while that process plays out.

This bill creates a new grant-of-citizenship pathway (section 5.3 of the Citizenship Act) for people who were in government or provincial care as children and were not citizens when that care ended, and it bars enforcement of removal orders against applicants under this pathway until a final decision is made.

• Who holds the power — the Minister (of Citizenship and Immigration) must grant citizenship to applicants who meet the listed requirements, but holds discretion to waive any of those requirements "on compassionate grounds" after reviewing a person's circumstances.
• Eligibility conditions set in the bill — applicants must not have returned to a parent's custody (unless within 365 days of turning 18), must have been in care for at least 365 cumulative days, must have been physically present in Canada for at least 1,095 days before applying, and must not have lived outside Canada for more than 10 years since turning 18.
• Proof standard — a written statement from the applicant is treated as proof of the care circumstances unless the Minister determines, "on a balance of probabilities," that they did not exist.
• Regulation-making left for later — future regulations may set the factors for determining eligibility, the circumstances under which the Minister must find requirements met, and the circumstances under which review of an application is suspended; none of these are defined in this bill's text.
• Immigration enforcement effect — a removal order cannot be enforced against a foreign national who has applied under this pathway until a final decision is made, and any unenforced removal order becomes void once citizenship is granted.
• Oversight — no reporting, appeal mechanism, or review period is specified in this text beyond the Minister's own discretionary waiver power; no sunset clause is included.