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New rules of Canada’s citizenship

Canadian citizenship has long stood as a symbol of inclusion, equality, and commitment to shared national values. For newcomers and multigenerational Canadians alike, it offers not only legal rights but also a profound sense of belonging. In recent years, significant changes have been proposed to make the citizenship process more equitable and reflective of modern Canadian society. One of the most important developments is the introduction of Bill C-3, a landmark piece of legislation aimed at reforming the rules surrounding citizenship by descent.

Understanding Citizenship by Descent and Its Limitations

Under current Canadian law, citizenship can be passed from a Canadian parent to their child born outside Canada, but only to the first generation. This means that if a Canadian citizen is born abroad and later has a child outside Canada, that child is not automatically granted citizenship. This first-generation limit was introduced in 2009 to ensure a tangible connection between citizens and Canada.

However, this limitation has proven problematic for many families who live internationally, often for professional, diplomatic, or personal reasons. In today's globalised world, Canadian citizens frequently live and work abroad for extended periods, and many have built families in other countries. The inability to pass citizenship to their children has led to legal complications and emotional distress for thousands of families.

The first-generation limit to citizenship has been criticised as outdated and unreflective of the realities of modern Canadian life. On December 19, 2023, the Ontario Superior Court of Justice ruled that key provisions of this limit were unconstitutional. The court recognised that the current framework unfairly penalises Canadian citizens living abroad and fails to uphold the values of equality and inclusiveness embedded in Canadian identity.

In response to the ruling—and in alignment with its broader goals of making the immigration and citizenship systems fair and transparent—the Government of Canada introduced Bill C-3 in 2025. This bill marks a transformative moment in Canadian citizenship law.

Key Provisions of Bill C-3

1. Restoration of Citizenship

Bill C-3 will automatically grant Canadian citizenship to individuals who would be citizens today if not for the first-generation limit or other outdated legislative provisions. This is particularly significant for families who have long felt excluded by the system due to historical oversights and legal technicalities.

2. New Citizenship by Descent Framework

Going forward, the bill proposes a new, more inclusive framework for citizenship by descent. Under this framework, Canadian parents will be able to pass citizenship to their children born or adopted abroad beyond the first generation, as long as they can demonstrate a substantial connection to Canada.

This connection is defined as at least 1,095 cumulative days (roughly three years) of physical presence in Canada before the birth or adoption of the child. This provision ensures that Canadian citizenship is grounded in a genuine, lived experience within the country, while remaining flexible enough to accommodate the realities of global mobility.

The proposed changes under Bill C-3 will affect a wide range of individuals:

• "Lost Canadians": Those who missed out on citizenship due to outdated or discriminatory legislation.
• Second-generation Canadians born abroad: Children of Canadians born outside Canada who previously could not inherit citizenship.
• Adopted children abroad: Families who adopted children from other countries and could not pass citizenship due to the first-generation limit.
• Professionals and expatriates: Canadians working abroad in fields such as international development, diplomacy, or academia who want to pass citizenship to their children.

The government has stated that if the bill is passed and receives Royal Assent, it will work swiftly to implement the changes and publish eligibility guidelines on the official Immigration, Refugees and Citizenship Canada (IRCC) website.

As stated by The Honourable Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship: “Citizenship is more than a legal status—it’s a profound connection to the values, history, and spirit of Canada. 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.”

From 1947 to today

Canada’s citizenship laws have evolved significantly since the first Citizenship Act of 1947, which included numerous restrictive clauses. These provisions led many individuals to lose citizenship or be excluded from acquiring it altogether. Legislative reforms in 2009 and 2015 corrected many of these injustices, allowing over 20,000 people to regain or obtain Canadian citizenship.

One particularly controversial clause was section 8 of the Citizenship Act, under which individuals born abroad between 1977 and 1981 lost their citizenship at age 28 if they failed to meet specific retention requirements. Bill C-3 aims to rectify these lingering issues by broadening access and eliminating inconsistencies.

The introduction of Bill C-3 marks a critical evolution in Canadian citizenship law. By extending citizenship beyond the first generation in a thoughtful and inclusive manner, Canada is reaffirming its commitment to fairness, diversity, and belonging. The emphasis on a "substantial connection" to the country strikes a necessary balance between preserving the value of citizenship and recognising the complex realities of modern Canadian families.

As these changes take root, affected individuals should remain informed by monitoring updates from IRCC and preparing the necessary documentation to demonstrate eligibility. In doing so, they will join a broader movement that redefines what it means to be Canadian—not just by birth, but by connection, contribution, and community.

If you are looking to Study, Work, Visit or Migrate to Canada, talk to I Can Help Immigration Services, at +1 778 239 7861 or +1 647 453 7660 with RCIC # R413239, Canada’s No.1 Immigration & Visa Company to get the best help you need.