On June 2025, the Government of Canada introduced a pivotal piece of legislation, Bill C-3, aimed at amending the Citizenship Act to expand access to citizenship by descent. If passed, this legislation would represent one of the most significant changes to Canadian citizenship law in over a decade, allowing many more individuals with Canadian lineage to claim citizenship, even if they were born beyond the first generation outside Canada.
At Jain Immigration Law, we closely follow legal and policy developments affecting individuals and families with cross-border ties. This proposed legislation is especially relevant for Canadians living abroad, children of Canadian citizens, and families previously impacted by the first-generation citizenship limit.
Understanding the Current Law and Why It’s Changing
Under the existing Citizenship Act, Canadian citizens can pass on citizenship to children born outside Canada but only to the first generation born abroad. This rule has excluded thousands of individuals from citizenship, particularly children and grandchildren of Canadians living or working overseas.
The first-generation limit, introduced in 2009, has long been criticized as outdated and inequitable. In 2023, the Ontario Superior Court of Justice ruled that this restriction was unconstitutional, as it effectively created a two-tiered system of citizenship. The government’s response is Bill C-3, a legislative attempt to modernize citizenship law and bring it in line with Canadian values and the Charter of Rights and Freedoms.
Key Features of Bill C-3
If enacted, Bill C-3 will:
- Grant automatic Canadian citizenship to individuals who were previously denied it solely due to the first-generation limit or other outdated provisions of past legislation.
- Permit Canadian citizens born abroad to pass on citizenship to their children, provided they can demonstrate a “substantial connection” to Canada.
- Define substantial connection as a minimum of 1,095 cumulative days (approximately 3 years) of physical presence in Canada before the birth or adoption of the child.
Who Will Be Affected?
This legislative change will have significant implications for:
- Children and grandchildren of Canadian citizens born outside Canada.
- Canadians working overseas, including humanitarian workers, military personnel, diplomats, and professionals in international roles.
- Adopted children born abroad who were previously ineligible for citizenship.
- Individuals whose citizenship was denied or revoked under older provisions of the Act.
Families who have long maintained close ties to Canada but were unable to pass on citizenship due to legislative limitations may now be eligible for recognition.
Bill C-3 must still pass through both chambers of Parliament and receive Royal Assent before coming into effect. Once enacted, Immigration, Refugees and Citizenship Canada (IRCC) is expected to provide clear guidance on eligibility criteria and application procedures for those affected. Please note that transitional measures remain in place which do not require 1,095 cumulative days of physical presence until Bill C-3 comes into force.
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