Federal Minister Tim Ayres Temporarily Held Canadian Citizenship

Minister Ayres' Brief Canadian Citizenship Sparks Section 44 Questions

Industry and Science Minister Tim Ayres was a Canadian citizen for a two-week period in December 2025. This situation raised questions regarding Section 44 of the Australian Constitution, which addresses eligibility for federal parliamentarians. Mr. Ayres informed the federal parliament of this development.

Canada amended its citizenship laws following a 2023 court decision that found previous limitations on citizenship by descent unconstitutional. Bill C-3, introduced in June 2025 and effective December 15, 2025, expanded eligibility for Canadian citizenship.

This expansion included individuals born to a Canadian parent or, in many cases, a grandparent. Mr. Ayres' grandfather was born in Canada in 1910, which is why Mr. Ayres automatically became a citizen under the new rules.

Prior to his election in 2019, Mr. Ayres had attempted to renounce any potential Canadian citizenship by descent. At that time, he was advised by the Canadian government that he was not eligible for it.

After the new Canadian laws were introduced, but before they came into effect, he again sought advice on renunciation. He was informed that pre-renunciation was not possible.

Mr. Ayres also received legal advice from senior counsel, who stated he remained eligible to be a senator and minister. This advice referenced an "implied qualification" to Section 44(i) of the Australian Constitution, recognized by the High Court, which would prevent a newly enacted foreign law from disqualifying a sitting member of the Australian parliament.

His lawyer also advised him to renounce his Canadian citizenship promptly.

On December 15, 2025, when Bill C-3 became effective, Mr. Ayres automatically became a Canadian citizen.

The very next day, December 16, 2025, he contacted the Canadian government to begin the renunciation process. This process was completed two weeks later. A letter dated December 29, 2025, from the Canadian passport office confirmed that his application to renounce citizenship was approved and he ceased to be a Canadian citizen on that date.

This event recalled the 2017 federal parliament constitutional crisis, where a number of parliamentarians were disqualified due to dual citizenship. Mr. Ayres stated that he took all possible steps to ensure he was solely an Australian citizen and eligible to sit in parliament.

Professor Anne Twomey, a constitutional law expert at the University of Sydney, commented on the situation. She noted that previous High Court cases on dual citizenship had not addressed the specific scenario of a person being validly elected, then involuntarily acquiring foreign citizenship, and immediately renouncing it.

She suggested there would be a strong argument for an exception from disqualification in such a case, similar to situations where there is an irremediable impediment to renouncing foreign citizenship. Professor Twomey also noted that it is unlikely the matter would proceed to court.