Expanding Team Canada: Citizenship Act Reforms And Implications For Future Olympics

With the Olympic Winter Games Milano Cortina on the horizon, nations from across the world have built their teams to represent them proudly on the global stage. Canada is no exception.

Ahead of the 2022 Beijing Winter Olympics, we provided an overview in a previous blog post of Canadian citizenship requirements, as Canadian citizenship is a primary eligibility requirement for prospective Team Canada athletes. In sum, there are two main ways you can become a Canadian citizen: 1) Citizenship by birth (including by descent) or 2) Citizenship through naturalization.

Generally, individuals who are born in Canada, apart from children of diplomats or other international officials, are Canadian citizens. Individuals born to a Canadian parent abroad may also be Canadian citizens. Previously, there was a generational limit affecting who was able to claim citizenship by descent, limiting this ability to the first generation born abroad. As detailed below, recent amendments to the Citizenship Act removed this limit, broadening who may now be considered to be a Canadian citizen by descent.

Individuals may also become Canadian citizens through naturalization if they are a permanent resident, and meet other eligibility criteria, including residency obligations, completion of tax filings, proficiency in English or French, and knowledge of Canada.

In the previous blog, we also highlighted special circumstances under which the Minister of Immigration, Refugees and Citizenship Canada may grant Canadian citizenship in exceptional cases. Specifically, s. 5(4) of the Citizenship Act allows the Minister "in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada." This could allow an athlete, for example, to request citizenship on a discretionary basis to represent Team Canada. Ultimately, each case is assessed on its own merits without a standard in place to determine whether someone brings "exceptional value to Canada."

2025 Amendments to the Citizenship Act

On December 19, 2023, the Ontario Superior Court of Justice issued a landmark ruling, Bjorkquist et al. v. Attorney General of Canada, declaring that the "second-generation cut-off" rule at section 3(3)(a) of the Canadian Citizenship Act contravenes sections 6 and 15 of the Canadian Charter of Rights and Freedoms and is unconstitutional.

As a result, the Government introduced remedial legislation, first Bill C-71 in May 2024 and finally Bill C-3 in June 2025. Bill C-3 received Royal Assent in November 2025 and came into effect on December 15, 2025.

Through these amendments, there is now a broader class of individuals who are Canadian citizens by descent. There is no longer a first-generation limit to citizenship. An individual who is the first generation born outside Canada to a Canadian citizen born in Canada, is normally a Canadian citizenship by decent. Now, in certain circumstances, individuals born outside Canada in the second-generation or beyond may be Canadian citizens.

Individuals in the second generation born prior to December 15, 2025, are generally automatically Canadian citizens if they were born outside Canada to a Canadian parent. Individuals in the second generation born on or after December 15, 2025, may be able to prove that they are Canadian citizens if their Canadian parent has a substantial connection to Canada. This is being defined as having spent at least 1095 days in Canada prior to the birth of the child.

The second generational limit was also removed for adoptees who were adopted by Canadian citizens. A direct grant of citizenship process is in place for individuals who are adopted by Canadians. Individuals who were adopted on or after December 15, 2025 would need to show that their parent had a substantial connection to Canada

Conclusion

Many individuals are starting to learn that they are already Canadian citizens as a result of the recent legislative changes. This will no doubt include high-performing athletes who now represent Canada at the Olympics. The 2028 Los Angeles Olympics may be a historic one for prospective Olympians. These Olympic games will take place about 2.5 years following Canada's significant reform to its Citizenship Act. Meaning, given the amendments, a whole new class of individuals will be Canadian citizens and become possibly able to represent Team Canada. For other athletes without Canadian lineage, the path to becoming a Canadian citizen can be more complex but may bring them closer to the Olympic podium.

If you are interested in discussing your pathway to Canadian citizenship, please contact our office.