Canadian Citizenship by Descent: Changes and New Rules Under Bill C-3

Canada has officially changed its citizenship by descent framework. With Bill C-3: An Act to Amend the Citizenship Act (2025) now in effect as of December 15, 2025, many individuals born abroad who were previously excluded are now recognized as Canadian citizens.

If you have a Canadian parent, grandparent, or even great-grandparent, you may now be eligible for Canadian citizenship by descent under the amended Citizenship Act.

This article explains what changed, who is automatically recognized as Canadian now, and how to apply for proof of citizenship.

Canadian Citizenship by Descent

Canadian citizenship by descent allows individuals born abroad to a Canadian parent to automatically acquire Canadian citizenship if eligibility criteria are met.

Citizenship by descent applies to children born outside Canada to a Canadian citizen parent. Under current law, citizenship may flow beyond the first generation in certain circumstances due to changes introduced by Bill C-3.

The key issue historically was the first generation limit — and that has now been permanently amended.

Background: What Was the First-Generation Limit?

Before Bill C-3, Canadian citizenship by descent was limited to the first generation born outside Canada.

This meant that a Canadian citizen could pass citizenship to their child born abroad only if the parent was:

• Born in Canada, or

• Naturalized in Canada before the child’s birth

If the Canadian parent was also born or adopted outside Canada, the child was excluded.

This first-generation limit created what became known as the class of “Lost Canadians.”

The first-generation limit to citizenship by descent was successfully challenged in court. On December 19, 2023, the Ontario Superior Court of Justice ruled that parts of the Citizenship Act were unconstitutional because they discriminated against individuals born abroad.

The Government of Canada did not appeal the decision. Instead, it introduced Bill C-3 to permanently correct the law.

How Bill C-3 Changed Canada’s Citizenship by Descent Rules

Direct answer: Bill C-3 removed the first-generation limit and restored citizenship to individuals previously excluded solely because their Canadian parent was also born abroad.

Bill C-3:

• Permanently ends the first-generation limit for individuals born before December 15, 2025

• Recognizes citizenship retroactively

• Allows citizenship to flow beyond the first generation

• Restores citizenship to “Lost Canadians” and their descendants

The amended law restores Canadian citizenship to individuals who were excluded solely because their Canadian parent was born or adopted outside Canada.

Bill C-3 represents a permanent correction to Canada's citizenship framework, restoring legal status to many families.

The legislation came into force on December 15, 2025.

Who Is Automatically Recognized as a Canadian Now

Under the new rules, individuals born outside Canada before December 15, 2025 may now be recognized as Canadian citizens if they were excluded due to the first-generation limit.

This includes:

• People born abroad to a Canadian parent who was also born abroad

• Descendants of “Lost Canadians”

• Certain adopted children adopted abroad

• Individuals with Canadian ancestry through a grandparent or great-grandparent

Citizenship flows through the entire chain of descent provided there is an original Canadian citizen anchor in the lineage.

Importantly, citizenship is automatic if criteria are met. Individuals do not apply for a grant of citizenship. They apply for proof of citizenship.

Citizenship for Children Born on or After December 15, 2025

Direct answer: For children born or adopted abroad on or after December 15, 2025, a Canadian parent must demonstrate a substantial connection to Canada to pass on citizenship.

The new rules introduce a substantial connection requirement going forward.

A Canadian parent born or adopted abroad must demonstrate:

• At least 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.

This ensures that citizenship by descent reflects a meaningful connection to Canada.

Summary of Rules Before and After December 15, 2025

This creates different citizenship rights for children born before and after December 15, 2025.

Applying for Proof of Citizenship

Even if you are automatically recognized as Canadian under the new law, you must apply for a Canadian citizenship certificate to document your status.

Required Application

Applicants must complete:

• Application for a Citizenship Certificate (Form CIT 0001)

• Pay a $75 CAD fee

• Submit clear color photocopies of supporting documents

Required Documentation

To prove Canadian citizenship by descent, you typically need:

• Long-form birth certificates

• Proof of the Canadian parent’s citizenship

• Marriage records (if applicable)

• Adoption records (if adopted abroad)

• Government-issued identification

• Translations for documents not in English or French

For complex cases, such as ancestry prior to 1947, additional documentation may include military records or baptismal records. Processing time for a citizenship certificate is typically 5 to 12 months.

All applications are assessed under the law in force. There are no transitional pathways. Many multigenerational cases are better suited to paper filing due to the complexity of documentation across multiple countries. Small inconsistencies in names, dates, or lineage can cause delays.

Dual Citizenship and Special Cases

Canada permits multiple citizenships. Individuals recognized under Bill C-3 may hold citizenship in other countries.

Important considerations include:

• Other countries may not recognize dual citizenship

• Military or tax obligations may arise

• Some countries require renunciation

Adopted children qualify if adoption meets Citizenship Act criteria. There are separate direct grant pathways for adopted children. Individuals born abroad to Canadian parents working for federally regulated private businesses or the federal government may also qualify under specific rules.

Consult with an Immigration Lawyer at AKM Law

Citizenship by descent cases can become complex quickly. If you believe you qualify through a Canadian parent, grandparent, or great-grandparent, early legal review can prevent unnecessary delays.

Frequently Asked Questions

Does Bill C-3 grant citizenship automatically, or do I need to apply?

Citizenship is automatic if you meet the criteria under the amended Citizenship Act. However, you must apply for proof of citizenship to obtain a citizenship certificate and confirm your legal status.

Is there a time limit to claim citizenship under Bill C-3?

There is no deadline to apply for proof of citizenship under Bill C-3. Citizenship is recognized retroactively as a legal right if eligibility criteria are met.

Do adopted children qualify for citizenship by descent?

Yes. Adopted children adopted abroad may qualify if the adoption meets Citizenship Act requirements. Separate direct grant pathways may apply depending on circumstances.

Can grandchildren or later generations born abroad automatically become Canadian citizens?

For individuals born before December 15, 2025, citizenship can flow beyond the first generation. For those born after that date, the Canadian parent must demonstrate a substantial connection to Canada with 1,095 days of physical presence.

Bill C-3 permanently ends the first-generation limit and restores fairness to Canada’s citizenship framework. Many individuals previously excluded now have the opportunity to confirm their Canadian citizenship status and obtain a Canadian passport.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.