Are Babies Born in Canada Automatically Citizens?

Yes. Babies born in Canada are automatically Canadian citizens in almost every case. Section 3 of the Citizenship Act grants citizenship to anyone born on Canadian soil after February 14, 1977, regardless of the parents’ nationality or immigration status.1Justice Laws Website. Citizenship Act RSC 1985, c. C-29 – Section 3 The one exception involves children of foreign diplomats, and it is narrower than most parents assume.

How Birthright Citizenship Works in Canada

Canada follows the principle of jus soli, which ties citizenship to the place of birth rather than the parents’ nationality. A child born anywhere within Canadian territory is a Canadian citizen from the moment of birth. No application is required to acquire the citizenship itself. Applications only come into play when parents want documents that prove it.

The rule applies broadly. It covers births in hospitals, at home, in Canadian territorial waters, and in Canadian airspace. Parents can be tourists, temporary workers, international students, or undocumented residents. None of that changes the child’s status. Canada is one of roughly 30 countries worldwide that still offer unrestricted birthright citizenship.

The Diplomatic Exception

A child born in Canada does not automatically get citizenship only when both of the following are true at the time of birth:

  • Neither parent was a Canadian citizen or permanent resident, and
  • At least one parent was a diplomatic or consular officer of a foreign government, an employee serving such a diplomat, or an employee of a United Nations specialized agency or international organization who holds equivalent diplomatic privileges.1Justice Laws Website. Citizenship Act RSC 1985, c. C-29 – Section 3

Both conditions must be met at the same time. If a foreign diplomat’s spouse is a Canadian citizen or permanent resident, the child born in Canada is still a citizen. In practice, the exception applies to a very small number of births each year.

Proving Your Child’s Citizenship

Citizenship is automatic. The paperwork is not. Parents need to take a few steps to get the documents that prove their child’s status.

Provincial Birth Certificate

The first step is registering the birth with the province or territory where the child was born. This produces a birth certificate, which is the foundational identity document for the child. Each province runs its own vital statistics office and process.2Government of Canada. Register Your Child’s Birth

Most provinces offer a newborn registration service that bundles several tasks together. In Ontario, for example, the online Newborn Registration Service lets parents register the birth, order a birth certificate, and apply for a Social Insurance Number in a single session.3ServiceOntario. Newborn Registration Service Similar bundled services exist in other provinces, though not yet in the territories.4Government of Canada. Social Insurance Number – Overview

Social Insurance Number

Your child will need a Social Insurance Number (SIN) before you can claim federal benefits like the Canada Child Benefit. In all provinces, you can apply for the SIN through the newborn registration service at the same time you register the birth. In the territories, you apply separately through Service Canada.4Government of Canada. Social Insurance Number – Overview

Citizenship Certificate

A provincial birth certificate is enough for most domestic purposes, including applying for a passport. Parents can also apply to Immigration, Refugees and Citizenship Canada (IRCC) for a federal citizenship certificate, which is definitive, federally issued proof of Canadian citizenship. The application fee is $75.5Government of Canada. Pay Your Application Fees Online Processing currently takes about 10 months. It is not urgent, but it can be useful when a birth certificate alone raises questions, such as complex immigration matters or employment requiring federal security clearance.

Getting a Passport for Your Newborn

If you plan to travel internationally with your child, you will need a Canadian passport. The application requires:

  • Proof of citizenship, meaning either the provincial birth certificate or a citizenship certificate.
  • Proof of parentage, required for every child passport application as of November 2024, even if the child previously held a passport.
  • Consent from all parents or legal guardians, who must sign the application and be available for contact. If a court order addresses custody or decision-making responsibilities, only the parent with decision-making authority can apply.6Government of Canada. Documents to Submit When Applying for a Child’s Passport

A child passport (ages 0 to 15) costs $100 CAD.7Government of Canada. Pay Your Passport Fee Processing takes 10 business days in person at a passport office, or 20 business days by mail, online, or at a regular Service Canada Centre. Urgent and express pickup options are available for an additional fee.8Government of Canada. Check Our Service Standards: Canadian Passports and Other Travel Documents

Dual Citizenship

Canada allows dual (or multiple) citizenship, so a child born in Canada to foreign-national parents holds Canadian citizenship alongside whatever citizenship the parents’ home country confers. On the Canadian side, this creates no legal problem. It can create obligations on the other country’s side, and families with U.S. ties are the most likely to be caught out.

Children With U.S. Citizenship

A child born in Canada to at least one U.S. citizen parent may acquire American citizenship at birth in addition to Canadian citizenship. The U.S. recognizes dual nationality, but dual nationals carry real obligations. A U.S. citizen must use a U.S. passport to enter and leave the United States, even if they also hold a Canadian one.9USAGov. How to Get Dual Citizenship or Nationality

Tax is where families get caught off guard. The United States taxes its citizens on worldwide income regardless of where they live. That applies to children too. If your child is a U.S. citizen living in Canada and earns income above the filing threshold, including investment income in a custodial account, they may need to file a U.S. tax return.10Internal Revenue Service. U.S. Citizens and Residents Abroad Filing Requirements

Financial Account Reporting

U.S. citizens with foreign financial accounts face two separate reporting requirements that surprise many Canadian-resident families. If the combined value of all foreign financial accounts exceeds $10,000 at any point during the year, an FBAR (FinCEN Form 114) must be filed.11FinCEN. Report Foreign Bank and Financial Accounts Under FATCA, a U.S. citizen living abroad must also file Form 8938 if specified foreign financial assets exceed $200,000 on the last day of the tax year (or $300,000 at any point during the year) for single filers, with higher thresholds for joint filers.12Internal Revenue Service. Summary of FATCA Reporting for U.S. Taxpayers These obligations attach to the person, not the account, so a Registered Education Savings Plan (RESP) or Tax-Free Savings Account (TFSA) opened for or by a dual citizen can trigger reporting.

Federal Benefits Access

A child born in Canada can qualify the family for the Canada Child Benefit (CCB), a tax-free monthly payment. Eligibility, however, turns on the parent’s status, not the child’s. The parent applying must live with the child, be primarily responsible for care, and be a resident of Canada for tax purposes. At least one parent must be a Canadian citizen, permanent resident, protected person, or qualifying temporary resident. Temporary residents generally need to have lived in Canada for the previous 18 months and hold a valid permit.13Canada Revenue Agency. Who Can Apply – Canada Child Benefit (CCB) The child’s Canadian citizenship alone will not qualify the family.

Children Born Outside Canada

The birthright rule under Section 3 applies only to births on Canadian soil. If your child is born abroad to a Canadian parent, a different framework applies, and the rules changed in December 2025 under Bill C-3. In broad terms, a child born abroad in the second generation or later can be Canadian if the Canadian parent lived in Canada for at least 1,095 days before the child’s birth.14Government of Canada. Change to Citizenship Rules in 2025 For any child born in Canada, none of that matters. The parents’ own citizenship history is irrelevant unless the diplomatic exception applies.