Canada is updating its citizenship laws with the introduction of Bill C-3: An Act to amend the Citizenship Act (2025). Bill C-3 aims to make Canadian citizenship more inclusive by addressing the long-standing "first-generation limit", which historically has prevented Canadians born abroad from passing on citizenship to their own foreign-born children. If passed, Bill C-3 will allow Canadians born abroad to pass citizenship on to their children born outside of Canada.
Bill C-3 is currently in its second reading in the House of Commons and is not yet law. Meanwhile, interim measures are in place to help Canadians and their families affected by the previous legislation. To help you understand what Bill C-3 means for Canadians and their families abroad, here are five key questions and answers.
1. Why is Canada changing its citizenship law?
In the landmark 2025 decision of the Ontario Superior Court in Bjorkquist et al. v. Attorney General of Canada, the Court ruled that the "first-generation limit" violates sections 6 (Mobility of citizens) and 15 (Equality rights) of the Canadian Charter of Rights and Freedoms. Therefore, the Court found the relevant provisions of the Canadian Citizenship Act to be unconstitutional due to their unacceptable consequences for Canadians whose children were born outside the country. In response to this Court decision, the federal government has introduced Bill C-3 to remove the first-generation limit and to ensure the citizenship law is fair and inclusive.
2. What is the effect of Bill C-3?
If passed, Bill C-3 will have three key impacts:
Remove First-Generation Limit. First, it will allow Canadian citizens born abroad to pass on citizenship to their children born or adopted outside Canada, even beyond the first generation, provided they can demonstrate a "substantial connection to Canada".
Adopted Children. Second, Bill C-3 would put adopted children on the same footing as biological children.
Restoration of Citizenship. Third, Bill C-3 would restore citizenship to individuals excluded under the first-generation limit, notably:
- Canadians born or adopted before December 19, 2023.
- Canadians born or adopted on or after December 19, 2023, whose Canadian parent has at least 1,095 cumulative days of physical presence in Canada before the child's birth or adoption.
- Canadians born before April 1, 1949.
- Canadians who lost their citizenship under the former Section 8 of the Citizenship Act due to unmet retention requirements.
While Bill C-3 is not yet law, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures. Families affected by the first-generation limit can apply for a discretionary grant of citizenship. Initially, these interim measures were limited to urgent cases but have since been expanded to cover all applicants affected by the rule, with priority given to children born or adopted on or after December 19, 2023, if their Canadian parent has a substantial connection to Canada.
3. What counts as a "substantial connection"?
The "substantial connection" requirement is part of the proposed legislative change in Bill C-3. In short, this means that a Canadian parent must have been physically present in Canada for at least 1,095 days (three years) before their child's birth or adoption to pass on Canadian citizenship.
At present, under the interim measures, individuals born on or after December 19, 2023 will be asked to explain their parent's connection to Canada as part of their application. If the connection is determined to be substantial, that application will be prioritized for processing. If there is no substantial connection, the application will be processed normally.
4. Who benefits from Bill C-3?
Bill C-3 will permit several categories of people to obtain their Canadian citizenship. Namely, children born abroad to Canadian parents, who were themselves also born outside Canada, will qualify for citizenship provided they meet the "substantial connection" requirement. Adopted children of Canadian citizens born abroad, who were previously excluded under the first-generation limit, will also become eligible. In addition, individuals sometimes referred to as "Lost Canadians"—those who lost or were denied citizenship due to outdated laws—will automatically have their citizenship restored if they would be considered citizens under the new legislation.
5. What should I do if I think I'm affected?
IRCC provides a number of resources to assist in determining whether you may be eligible to obtain a Canadian citizenship certificate. IRCC's website provides an "Am I a Canadian?" tool where users can answer a series of questions to assess whether they may have a claim to Canadian citizenship. You can also visit IRCC's webpage to "Check if I am a Canadian citizen" or their page on the change to the first-generation limit, where simplified questions are asked to assess eligibility.
While Bill C-3 progresses to its final reading in parliament, foreign nationals who believe they may have a claim to Canadian citizenship under these updated rules may seek to apply for a discretionary grant of Canadian citizenship by making an application for "Proof of Canadian Citizenship" pursuant to the interim measures.
To apply for a discretionary grant of Canadian citizenship while the interim measures are in place, applicants typically need to submit documents showing their connection to Canada, such as birth certificates and/or parental citizenship records, among other supporting documents. It's important to follow the latest government guidelines and use up-to-date forms, as requirements could change during this transition period.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
