Bill C-3 Restores Canadian Citizenship To Lost Canadians

On December 15, 2025, Bill C-3, An Act to amend the Citizenship Act (2025), came into force. Bill C-3 amended the Canadian Citizenship Act to no longer limit citizenship by descent to the first generation born abroad. It also restored Canadian citizenship to former citizens who failed to retain their Canadian citizenship under Section 8 of the previous legislation and the descendants of persons who acquired Canadian citizenship under prior amendments that came into force in 2009 and 2015.

Overview of prior citizenship legislation

The term "lost Canadians" refers to individuals who lost or never obtained citizenship because of earlier citizenship laws. Amendments to the Citizenship Act, which came into effect in 2009 and 2015, restored or gave citizenship to many of these lost Canadians. However, some individuals continued to be excluded.

Amendments made to the Canadian Citizenship Act, as a result of An Act to amend the Citizenship Act (Bill C-37), received Royal Assent on April 17, 2008 and came into force on April 17, 2009. One major change that resulted from Bill C-37 was the recognition of Canadian citizenship (retroactive to the date of birth) for many lost Canadians.

Bill C-37 also established the first generation limit. It was not applied retroactively. As a result, the first generation limit primarily applied to individuals who were born abroad on or after Bill C-37's effective date (April 17, 2009). However, it also applied to individuals who were born prior to the effective date but whose Canadian parent(s) acquired their Canadian citizenship as a result of Bill C-37.

Additional amendments to the Canadian Citizenship Act, as a result of the Strengthening Canadian Citizenship Act (Bill C-24), came into force on June 11, 2025. Bill C-24 recognized Canadian citizenship by descent for other lost Canadians who had been overlooked in the 2009 amendments. However, it retained the first generation limit that was established by Bill C-37.

The Bjorkquist decision

On December 19, 2023, the Ontario Superior Court of Justice made its ruling in Bjorkquist et. al. v. Attorney General of Canada, [2023] O.J. No. 5660, 2023 ONSC 7152 (S.C.J.). In that decision, the Ontario Superior Court of Justice declared that the first generation limit was unconstitutional. The Government of Canada chose not to appeal the ruling because it agreed that the existing law had resulted in unacceptable consequences for Canadians whose children were born outside the country.

The court ordered a six-month suspension of its declaration of invalidity, to allow the Government of Canada to pass remedial legislation. However, it took much longer than expected for the Government of Canada to implement its remedial legislation. As a result, the court ended up granting several subsequent extensions.

Subsequent legislative action

On May 23, 2024, the Government of Canada introduced Bill C-71, An Act to amend the Citizenship Act (2024), to comply with the Bjorkquist decision. However, at the beginning of 2025, Prime Minister Trudeau resigned and asked the Governor General to prorogue Parliament until March 24, 2025. When Parliament was prorogued, all pending bills were terminated. As a result, Bill C-71 never became law.

On March 13, 2025, the Government of Canada announced an interim measure, which provided for a discretionary grant of Canadian citizenship to persons born before December 19, 2023, who were subject to the first generation limit. This discretionary grant of Canadian citizenship would not be considered retroactive to the date of birth but, once the remedial legislation became law, these persons would automatically be considered Canadian citizens from birth.

On May 26, 2025, the Government of Canada introduced Bill C-3, which was essentially identical to Bill C-71. Bill C-3 received Royal Assent on November 20, 2025, and came into force on December 15, 2025.

Analysis of Bill C-3

Bill C-3 implements the following changes to the Canadian Citizenship Act:

• Persons born outside Canada prior to December 15, 2025, to a parent who was also born outside Canada and who was a Canadian citizen at the time of their birth, are now automatically considered Canadian citizens from birth.
• Persons born outside Canada on or after December 15, 2025, to a parent who was also born outside Canada and who was a Canadian citizen at the time of their birth, are now automatically considered Canadian citizens from birth if the Canadian parent spent at least 1,095 days (i.e., three years) in Canada before they were born.
• Persons born outside Canada who were adopted prior to December 15, 2025, by a parent who was also born outside of Canada and who was a Canadian citizen at the time of their adoption, may now apply for a grant of Canadian citizenship (i.e., naturalization).
• Persons born outside Canada who are adopted on or after December 15, 2025, by a parent who was born outside Canada and who was a Canadian citizen at the time of their adoption, may apply for a grant of Canadian citizenship (i.e., naturalization) if the Canadian parent spent at least 1,095 days (i.e., three years) in Canada before the adoption.
• Persons who previously lost their Canadian citizenship because they did not make an application to retain it under Section 8 of the prior legislation, or because they made an application under that section but it was not approved, are now automatically considered Canadian citizens.
• Canadian citizens who automatically became Canadian citizens under Bill C-3 and who did not previously receive a grant of citizenship (i.e., naturalization) may renounce their Canadian citizenship through a simplified process, if they wish to do so.

Conclusion

Bill C-3 represents a fundamental shift in Canada's citizenship framework. It retroactively recognizes Canadian citizenship by descent for persons born prior to December 15, 2025, who are in the second or subsequent generation born abroad. Bill C-3 also recognizes the right of persons, who were adopted by Canadian citizens prior to December 15, 2025, to seek a grant of Canadian citizenship. In addition, it restores Canadian citizenship to persons who failed to retain Canadian citizenship under Section 8 of the previous legislation.

Going forward, Bill C-3 continues to recognize Canadian citizenship by descent for the second or subsequent generation born abroad on or after December 15, 2025. It also continues to recognize the right of persons, who were adopted by Canadian citizens on or after December 15, 2025, to seek a grant of Canadian citizenship. However, the Canadian parent will now need to demonstrate at least 1,095 days (three years) of physical presence in Canada prior to the child's birth or adoption.

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