On December 19, 2023, the Ontario Superior Court of Justice declared key provisions of Canada’s Citizenship Act—specifically the first-generation limit on citizenship by descent—to be unconstitutional. In response, the federal government introduced Bill C-3 in 2025, aiming to make citizenship laws fairer, more inclusive, and reflective of Canada’s global and multicultural reality.
What Is the First-Generation Limit?
Under the current law, Canadian citizens born abroad—those who inherited their citizenship from a Canadian parent—cannot pass on citizenship to their children if those children are also born outside Canada. This has had serious consequences, especially for Canadian families who live or work internationally.
For example:
- If you were born abroad to a Canadian parent, you likely can’t pass onyour citizenship to your own child born abroad.
- If you adopt a child outside Canada, you can’t apply for a direct grant of citizenshipunless you were born or naturalized in Canada.
What Will Bill C-3 Do?
Bill C-3 introduces two major reforms:
- Automatic Citizenship for Those Previously Excluded
The bill will automatically restore or grant Canadian citizenship to individuals who would have been citizens today were it not for the first-generation limit or outdated legal provisions. This includes certain groups of “Lost Canadians” and their descendants.
- New Framework for Citizenship by Descent Based on Substantial Connection
Moving forward, a Canadian parent born abroad will be able to pass on citizenship to a child born or adopted outside Canada—beyond the first generation—if they can demonstrate a substantial connection to Canada.
What counts as a substantial connection?
The Canadian parent must have accumulated at least 1,095 days (three years) of physical presence in Canada before the birth or adoption of their child.
This change would apply both to children born abroad and to adopted children, extending fairness to international families who maintain deep ties to Canada.
Who Are the “Lost Canadians”?
“Lost Canadians” refers to individuals who never acquired or lost their Canadian citizenship due to outdated and exclusionary rules in previous versions of the Citizenship Act.
Bill C-3 addresses this by:
- Restoring citizenshipto remaining Lost Canadians and their descendants
- Granting citizenshipto people born abroad in the second or later generations who were excluded under the former rules
- Removing barriersthat were tied to former provisions like section 8 of the old Citizenship Act
What’s Next?
Until Bill C-3 becomes law, IRCC has implemented an interim measure to provide relief for those currently affected by the first-generation limit. Details of the interim process can be found on IRCC’s official website.
Why This Matters
Bill C-3 reflects Canada’s recognition that global mobility and family unity must be better reflected in citizenship policy. It corrects historical injustices and ensures that Canadians—no matter where they or their children are born—can maintain a meaningful connection to their home country.
This post is for informational purposes only and does not constitute legal advice. Please refer to the IRCC official website for full details.