Canada has introduced Bill C-3 to amend the Citizenship Act, a historic move aimed at eliminating unfair restrictions placed on children of Canadian citizens born abroad. The bill is a direct response to the Ontario Superior Court's 2023 decision declaring the current "first-generation limit" unconstitutional.
This reform promises to restore citizenship to so-called “Lost Canadians” and introduces a new, fairer framework for passing on Canadian citizenship across generations.
What Is the First-Generation Limit?
Under Canada’s current Citizenship Act:
- Canadian parents born or naturalized in Canada can pass citizenship to their children born abroad.
- But Canadian citizens born abroad cannot pass citizenship to their own children born abroad.
- This applies even in cases of adoption, leading to numerous families being denied citizenship for their children.
On December 19, 2023, the Ontario Superior Court of Justice ruled that these provisions are unconstitutional, citing unacceptable discrimination against Canadian families.
What Bill C-3 Proposes
Introduced in 2025, Bill C-3: An Act to amend the Citizenship Act aims to:
✅ Automatically restore citizenship:
- To any person who would be a citizen today if not for the first-generation limit or outdated provisions of past laws.
✅ Allow second-generation Canadians born abroad to pass on citizenship:
- Based on a “substantial connection” to Canada.
✅ Extend direct citizenship grants for adopted children:
- Even if they’re beyond the first-generation born abroad.
✅ Provide justice to remaining Lost Canadians:
- Those who never acquired or lost citizenship due to historic legal gaps prior to 2009 or 2015.
What is the “Substantial Connection” Test?
To pass on citizenship beyond the first generation, a Canadian parent born abroad must:
- Show at least 1,095 days (3 years) of physical presence in Canada before the child’s birth or adoption.
This ensures that Canadians abroad with genuine ties to Canada are not penalized for living internationally — a growing reality in a globalized world.
Who Are “Lost Canadians”?
The term “Lost Canadians” refers to people who lost or never acquired Canadian citizenship due to outdated provisions in past citizenship laws. For example, some lost citizenship under the former section 8 of the Citizenship Act, which required individuals born abroad to register or take specific actions to retain citizenship.
Previous reforms in 2009 and 2015 helped many regain their citizenship, but some groups were left out. Bill C-3 will restore citizenship to:
- Remaining “Lost Canadians” and their descendants.
- Anyone born abroad to a Canadian parent in the second or subsequent generations before the bill takes effect.
Bill C-3 will restore citizenship to:
- Descendants of Lost Canadians
- People affected by former section 8 of the Citizenship Act
- Those born abroad in the second or later generation prior to this bill
Interim Measure in Place
While Bill C-3 is debated in Parliament, interim measures remain available for families impacted by the first-generation limit. These can be accessed via the IRCC website.
Summary of Key Changes in Bill C-3
| Feature | Current Law | Bill C-3 Proposal |
|---|---|---|
| Citizenship by descent beyond 1st gen | ❌ Not allowed | ✅ Allowed with substantial connection |
| Citizenship for adopted children abroad | ❌ Restricted if parent born abroad | ✅ Expanded with same criteria |
| Lost Canadians | 🟡 Partially restored (2009/2015) | ✅ Fully restored |
| Substantial connection requirement | ❌ Not applicable | ✅ 1,095 days of physical presence |
Why This Matters
Bill C-3 is a landmark step in:
- Making Canadian citizenship more inclusive
- Fixing decades of legal discrimination
- Ensuring that Canadian families abroad are not penalized for living globally
It balances fairness with national identity by using a “connection-based” test rather than arbitrary generational cutoffs.
Next Steps
Bill C-3 is currently under consideration by Canada’s Parliament. Once passed, it will bring immediate relief to those affected by the first-generation limit and outdated laws. The government is committed to making the citizenship process transparent and inclusive, ensuring no one is unfairly left out.
For Canadians abroad, “Lost Canadians,” or anyone curious about the changes, keep an eye on IRCC’s updates. This is a historic step toward a more inclusive Canada, and it’s exciting to see the country take action to support its global citizens!
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