Under paragraph 3(1) of the Citizenship Act,persons born in Canada are Canadian citizens.This right applies to all persons born in Canada,irrespective of the status in Canada of their parents,other than persons born to accredited diplomats.
There are no elements of IRPA which refer to this right.Giving birth in Canada does not represent a violation of any terms or conditions which may be applied to a temporary resident.Thus,there is no provision in IRPA to refuse a TRV solely on the basis of the intent of the applicant to give birth in Canada.
When it is konwn that an applicant is pregnant,assessment of the application should focus on the requirement applied to all applicants for a TRV.The fact of the pregnancy may be an element in the assessment but only in so far as it affects the assessment of the primary requirements for issuance of a TRV
.Do applicants have sufficient funds?
.Will they leave Canada at the end of their period of authorized stay?
.Are they admissible?
Consideration of the pregnancy and the stated or apparent intent to give birth in Canada must relate back to one of these essential requirements for TRV issuance.
Guidelines for persons coming forward for medical treatment may provide officers with assistance in assessing applications from persons who are knbwn to be pregant and intending to give birth in Canada at the time of the TRV application.
THE RIGHT TO CITIZENSHIP
Persons who are citizens 3.(1) Subject to this Act,a person is a citizen if
(a)the person was born in Canada after February 14,1977;
(b)the person was born outside Canada after February 14,1977 and at the time of his birth one of this parents,other than a parent who adopted him.was a citizen;
(c)the person has been granted or acquired citizenship pursuant to section 5 or 11 and,in the case of a person who is fourteen years of age or over on the day that he is granted citizenship,he has taken the oath of citizenship;