Canada has implemented one of its most significant citizenship reforms in recent history. Bill C-3, An Act to Amend the Citizenship Act (2025), officially came into effect on December 15, 2025, fundamentally changing how Canadian citizenship passes from parents to children born abroad. This landmark legislation removes barriers that previously prevented thousands of individuals from obtaining Canadian citizenship and addresses constitutional concerns raised by the Ontario Superior Court.
Understanding the First-Generation Limit
Before Bill C-3, Canada's Citizenship Act imposed a first-generation limit on citizenship by descent. This meant that Canadian citizens could only pass citizenship to children born outside Canada if the parent was either born in Canada or naturalized as a Canadian citizen before the child's birth. In practical terms, if you were born abroad to a Canadian parent who was also born abroad, you were denied citizenship—even if your grandparent was a Canadian citizen born in Canada.
The Ontario Superior Court of Justice ruled this first-generation limit unconstitutional on December 19, 2023, finding that it violated mobility and equality rights under the Canadian Charter of Rights and Freedoms. The Government of Canada chose not to appeal this decision, recognizing the law produced unacceptable outcomes for Canadian families living abroad.
Key Changes Under Bill C-3
Retroactive Citizenship Recognition
Bill C-3 automatically grants Canadian citizenship to individuals born abroad before December 15, 2025, to a Canadian parent, regardless of generation. This means:
-
Second-generation Canadians born abroad now have citizenship automatically restored
-
Descendants of "Lost Canadians" who remained excluded after previous legislative fixes in 2009 and 2015 can now claim citizenship
-
Children adopted abroad before December 15, 2025, by Canadian parents also born or adopted abroad can apply for citizenship
There appears to be no limit on how far back this generational passing of citizenship extends, provided applicants can prove they have a Canadian parent.
The Substantial Connection Test
For individuals born or adopted abroad on or after December 15, 2025, Bill C-3 introduces a "substantial connection" requirement. To pass citizenship to a child born abroad in the second generation or later, the Canadian parent must demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada before the child's birth or adoption.
This test only applies to future births and adoptions—it does not affect anyone born or adopted before the legislation took effect.
Lost Canadians Resolution
The term "Lost Canadians" refers to individuals who lost or never obtained citizenship due to outdated rules in earlier citizenship laws. While previous amendments in 2009 and 2015 restored citizenship to approximately 20,000 people, some groups remained excluded, including section 8 "Lost Canadians" and their descendants. Bill C-3 extends citizenship to these remaining individuals and their descendants born abroad in the second or later generation before December 15, 2025.
Who Benefits from Bill C-3
Several groups now have pathways to Canadian citizenship that were previously unavailable:
-
Individuals born abroad in the second or later generation before December 15, 2025
-
People affected by discriminatory historical citizenship laws or outdated retention requirements
-
Children adopted abroad before December 15, 2025, by Canadian parents also born or adopted outside Canada
-
Descendants of Lost Canadians who were excluded under previous legislation
How to Apply for Citizenship Proof
If you believe you became a Canadian citizen under Bill C-3, you must apply for a citizenship certificate to obtain official proof. Immigration, Refugees and Citizenship Canada (IRCC) will review your application to verify your citizenship status and, if confirmed, issue a citizenship certificate. This documentation is essential for applying for a Canadian passport and avoiding border delays when entering Canada.
For those who applied under the interim measure announced after the December 2023 court ruling, IRCC will process existing applications using the new rules without requiring resubmission.
Simplified Renunciation Process
Individuals who automatically became Canadian citizens under Bill C-3 but do not wish to retain citizenship can access a simplified renunciation process. This option is available to those born before December 15, 2025, who were not previously granted citizenship and now want to formally give up their Canadian citizenship.
Timeline and Implementation
Bill C-3 was introduced on June 5, 2025, received Royal Assent on November 20, 2025, and came into force on December 15, 2025. IRCC now recognizes newly eligible citizens and applies the updated rules for passing citizenship going forward.
Planning Your Next Steps
If you think you may have become a Canadian citizen under these new rules, take the following steps before traveling to Canada:
-
Apply for a citizenship certificate to prove your Canadian citizenship
-
Once confirmed as a citizen, use your certificate to apply for a Canadian passport
-
Enter Canada using your Canadian passport to avoid border delays
Bill C-3 represents a transformative shift in Canadian citizenship law, correcting historical injustices and providing clarity for Canadian families living abroad. Whether you're a Lost Canadian, a second-generation Canadian born abroad, or planning your family's future internationally, understanding these changes is essential for navigating your citizenship rights.
For personalized guidance on your citizenship eligibility under Bill C-3, consult with a qualified Canadian immigration lawyer or visit the official IRCC website for application procedures and requirements.
Add comment
Comments