The Canadian government has introduced legislation that could significantly expand the scope of citizenship by descent, addressing years of advocacy from families affected by limitations under current law.
The proposed bill, Bill C-3, seeks to amend the Citizenship Act to allow Canadians to pass citizenship to their children born or adopted abroad beyond the first generation, a privilege currently denied to most.
These changes aim to reflect the realities of modern Canadian families and global mobility.
Announcing the legislation, Minister of Immigration, Refugees and Citizenship, Lena Metlege Diab, emphasized the deeper meaning of citizenship:
“Citizenship is more than a legal status—it’s a profound connection to the values, history, and spirit of Canada,” said Diab.
“By requiring those who pass citizenship to their children born abroad beyond the first generation to have a substantial connection to our country, we are honouring that bond.”
“It reflects our belief that being Canadian means more than just a place of birth; it’s about belonging, shared experiences, and a commitment to the inclusive and diverse community we all call home.”
Under the proposed law, those who would have obtained Canadian citizenship if not for the first-generation limitation, or outdated clauses in previous citizenship laws, would automatically become citizens.
However, to confer citizenship to their children born abroad, Canadian parents must show a “substantial connection” to the country.
This is defined as at least 1,095 cumulative days (three years) of physical presence in Canada prior to the child’s birth or adoption.
The bill comes in response to a 2023 Ontario Superior Court ruling, which declared the first-generation limit unconstitutional.
Rather than challenge the court’s decision, the federal government has chosen to act, saying the existing rules led to “unjust outcomes” for Canadians with children born abroad.
This legislative move also builds on previous reforms.
In 2009 and 2015, changes to the Citizenship Act helped restore or grant status to thousands of “Lost Canadians”, individuals who lost or were excluded from citizenship due to outdated provisions.
Those changes reportedly resulted in around 20,000 people receiving Canadian citizenship certificates.
Additionally, the bill addresses past legal loopholes, such as section 8 of the Act, which led to loss of citizenship for those born outside Canada between February 15, 1977, and April 16, 1981, if they failed to apply to retain citizenship by age 28.
If passed by both the House of Commons and the Senate, and once it receives Royal Assent, the government has pledged swift implementation and will issue guidance for eligible individuals under the new rules.
