The birth in Canada of children of accredited foreign representatives

Citizenship rules

This webpage, which supersedes the Department's Circular Note XDC-0543 of March 22, 2010, was created as a result of Canadian law. This information is intended only for accredited foreign representatives (e.g. foreign diplomats). Members of the general public with questions about births in Canada should contact Immigration, Refugees and Citizenship Canada (IRCC).

Do the children of accredited foreign representatives who are born in Canada become Canadian citizens simply by birth?

Mandatory notification of births by bilateral missions and international organizations

When a child of an accredited foreign representative is born in Canada, the mission or international organization is required to notify their name in writing to the Office of Protocol, along with a copy of the Live Statement of Birth or other relevant documentation. This should be done within thirty (30) days of the birth. It is not necessary to notify the birth when one of the parents is a Canadian citizen or Permanent Resident of Canada at the moment of birth because the child is Canadian.

Missions and international organizations should also submit a request for the accreditation of the newborn as soon as possible, along with a copy of the Long Form Birth Certificate (Certified).

Why is it important to notify the birth so quickly?

  • The notification of birth to the Office of Protocol is essential to avoid problems if the child’s status under the Foreign Missions and International Organizations Act. This is necessary to ensure that the corresponding privileges and immunities are accorded and that any applicable provincial benefits are administered appropriately.

Canadian passports and the role of heads of mission and of international organizations

The department reminds heads of diplomatic missions and heads of international organizations that, as citizenship is not accorded to children born in Canada covered by subsection 3(2) of the Citizenship Act, they and/or their accredited parents acting on their behalf must not apply for a Canadian passport or a Canadian citizenship card. As such application may be regarded by the department as misconduct, if not an act of fraud, it is important that all foreign representatives be properly informed of the above prior to their posting or during their first installation in Canada.

What should a parent do if they obtained a Canadian passport for a child born in Canada who did not acquire Canadian citizenship?

  • In the case of any child who has previously been issued a Canadian passport and who is not a Canadian citizen by birth or whose parents were erroneously advised that the child is a Canadian citizen by birth, diplomatic missions and international organizations should contact the Office of Protocol for guidance. The Office of Protocol will explain the steps required to surrender the Canadian p assport.

Does a birth certificate confer the right of citizenship?

  • While children born in Canada of accredited foreign representatives would normally obtain a provincial birth certificate, a birth certificate does not confer any rights of citizenship. A birth certificate is simply meant to provide evidence of the birth in Canada.

Can children born of foreign representatives become naturalized Canadian citizens?

  • Children born in Canada of foreign representatives who are not Canadians by birth and who are no longer accredited may eventually become naturalized Canadian citizens, subject to relevant provisions of the Immigration and Refugee Protection Act and once the residency obligations as set out in section 5 of the Citizenship Act are met.

Eligibility for citizenship and permanent residency are matters that fall within the authority of Immigration, Refugees and Citizenship Canada (IRCC). For more information about citizenship, please consult IRCC’s website.