Canada’s Citizenship Act has long been a subject of debate, particularly when it comes to citizenship by descent for children born outside the country. For over a decade, the “first-generation limit” has restricted automatic citizenship, creating challenges for Canadian families with international ties. Now, the federal government is taking steps to address these issues through Bill C-3, a proposed overhaul of the Citizenship Act.
Introduced in June 2025 by the Minister of Immigration, Refugees and Citizenship, Bill C-3 aims to eliminate the restrictive first-generation limit and introduce a more inclusive process for granting citizenship. The proposed changes are a response to growing criticism that the current system does not reflect the realities of modern, global Canadian families.
At the heart of the issue is the first-generation limit, which was introduced in 2009. Under this rule, children born outside Canada automatically receive citizenship only if their Canadian parent was either born in Canada or naturalized before the child’s birth. If both the parent and child were born abroad, the child was not automatically eligible for citizenship. This restriction has left many “Lost Canadians”—individuals who would have been citizens if not for outdated laws—without a clear path to citizenship.
Bill C-3 seeks to rectify these inequalities in several key ways. First, it would automatically grant Canadian citizenship to anyone who would have been a citizen today if not for the first-generation limit or previous outdated provisions. This includes individuals who lost or were denied citizenship simply because they or their parent were born outside Canada, even if their parent was a Canadian citizen.
In addition to addressing past injustices, the bill would restore citizenship to those who lost it under older laws, such as the now-repealed requirement to retain citizenship before age 28. These changes aim to ensure that Canadian citizenship is more accessible and fair for all eligible individuals.
Looking ahead, Bill C-3 also establishes a new route to citizenship by descent for future generations. Under the proposed rules, children born abroad to Canadian parents who were themselves born outside Canada can still qualify for citizenship if the parent demonstrates a “substantial connection” to Canada. Specifically, the parent must have spent at least 1,095 cumulative days (three years) physically present in Canada before the child’s birth or adoption. This mirrors the physical presence requirement for permanent residents applying for citizenship.
While Bill C-3 works its way through the legislative process, interim measures are already in place to help affected individuals. As of March 2025, those impacted by the first-generation limit can apply for discretionary grants of citizenship if their Canadian parent meets the substantial connection test. However, time is of the essence. The courts have set a deadline of November 20, 2025, for the government to update the Citizenship Act. If Parliament fails to act by then, the courts may invalidate the problematic sections of the law, effectively forcing the government to comply.
Despite these proposed changes, some aspects of Canadian citizenship will remain unchanged. Children born in Canada will continue to receive citizenship at birth, regardless of their parents’ citizenship status (with exceptions for children of foreign diplomats). Additionally, the naturalization process for permanent residents will remain the same, requiring applicants to meet residency, language, and other criteria.
At its core, Bill C-3 reflects a broader goal: to make Canadian citizenship more inclusive and reflective of the diverse, global lives of Canadian families. As Minister Marc Miller emphasized, “Canadian citizenship shouldn’t be about red tape—it should be about belonging.” If passed, the bill could mark a significant step toward ensuring that citizenship is accessible, fair, and aligned with the realities of modern life.
Understanding the historical context of the first-generation limit is crucial to grasping the significance of Bill C-3. Since 2009, the Citizenship Act has imposed restrictions on citizenship by descent, creating a system where children born outside Canada to Canadian parents were only automatically eligible for citizenship if their parent was either born in Canada or naturalized before the child’s birth. This rule has disproportionately affected families with multiple generations born abroad, leading to the phenomenon of “Lost Canadians”—individuals who would have been citizens if not for these restrictive provisions.
Proposed Reforms Under Bill C-3
Bill C-3 introduces three main reforms to address these issues:
- Automatic Citizenship for “Lost Canadians”: The bill would grant citizenship retroactively to anyone who would have been a citizen today but for the first-generation limit or other outdated provisions. This includes individuals who lost or were denied citizenship simply because they or their parent were born outside Canada, even if their parent was a Canadian citizen.
- Restoration of Citizenship: Those who lost citizenship under older laws, such as the now-repealed requirement to retain citizenship before age 28, will also have their citizenship automatically restored if the bill becomes law.
- New “Substantial Connection” Requirement for Future Generations: For children born abroad to Canadian parents who were themselves born outside Canada, Bill C-3 introduces a new route to citizenship. Parents must demonstrate a “substantial connection” to Canada by showing at least 1,095 cumulative days (three years) of physical presence in Canada prior to the child’s birth or adoption. This requirement aligns with the physical presence rules for permanent residents applying for citizenship.
Interim Measures and Next Steps
While Bill C-3 progresses through Parliament, interim measures are already in place to provide relief to affected individuals. As of March 2025, those impacted by the first-generation limit can apply for discretionary grants of citizenship if their Canadian parent meets the substantial connection test. However, the legislative process is under a tight deadline. The courts have set a deadline of November 20, 2025, for the government to update the Citizenship Act. If Parliament fails to pass the reforms by then, the courts may invalidate the problematic sections of the law, effectively forcing the government to comply.
What Does Not Change
While Bill C-3 introduces significant changes, some aspects of Canadian citizenship remain unchanged:
- Children born in Canada will continue to receive citizenship at birth, regardless of their parents’ citizenship status (with exceptions for children of foreign diplomats).
- The naturalization process for permanent residents remains the same, requiring applicants to:
- Be a permanent resident.
- Have lived in Canada for at least 1,095 days in the past five years.
- File taxes for at least three years if required.
- Demonstrate language proficiency and pass a citizenship test and interview (for applicants aged 18–54).
Goals and Rationale
The reforms under Bill C-3 are designed to make Canadian citizenship more accessible and fair to families with global ties. The goal is to ensure that the law reflects the diversity and mobility of Canadian citizens. As Minister Marc Miller emphasized, “Canadian citizenship shouldn’t be about red tape—it should be about belonging.”
Summary of Key Changes
In summary, Bill C-3:
- Removes the first-generation limit, restoring citizenship to those who lost it due to outdated rules.
- Provides a clear path for children born abroad to Canadian citizens who can demonstrate a real connection to Canada.
- Allows eligible families to apply for citizenship under interim measures even before the bill becomes law.
The proposed changes are designed to make the citizenship process more inclusive, fair, and aligned with contemporary patterns of Canadian life globally. If passed, Bill C-3 could mark a significant step toward ensuring that citizenship is accessible, fair, and reflective of the diverse, global lives of Canadian families.
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Conclusion
Bill C-3 represents a significant step forward in modernizing Canada’s Citizenship Act, addressing long-standing issues related to citizenship by descent. By eliminating the first-generation limit and introducing the “substantial connection” requirement, the proposed reforms aim to make Canadian citizenship more inclusive and reflective of the diverse, global lives of Canadian families. The bill not only restores citizenship to those who lost it due to outdated laws but also provides a clearer path for future generations. If passed, Bill C-3 will ensure that Canadian citizenship is accessible, fair, and aligned with the realities of modern life.
Frequently Asked Questions (FAQs)
What is Bill C-3?
Bill C-3 is a proposed overhaul of Canada’s Citizenship Act aimed at eliminating the first-generation limit and making citizenship more accessible to individuals with Canadian roots born outside the country.
What is the first-generation limit?
The first-generation limit, introduced in 2009, restricted automatic citizenship to children born outside Canada if their Canadian parent was not born or naturalized in Canada before the child’s birth.
Who benefits from Bill C-3?
Bill C-3 benefits “Lost Canadians”—individuals who would have been citizens but for outdated laws—as well as future generations by providing a clear path to citizenship for children born abroad to Canadian parents.
What is the “substantial connection” requirement?
The “substantial connection” requirement mandates that Canadian parents born outside Canada must have spent at least 1,095 cumulative days (three years) in Canada before their child’s birth or adoption to qualify for citizenship by descent.
Are there interim measures while Bill C-3 is pending?
Yes, as of March 2025, individuals affected by the first-generation limit can apply for discretionary grants of citizenship if their Canadian parent meets the substantial connection test.
What is the deadline for passing Bill C-3?
The courts have set a deadline of November 20, 2025, for the government to update the Citizenship Act. If Parliament fails to act, the courts may invalidate the problematic sections of the law.
What aspects of Canadian citizenship remain unchanged?
Children born in Canada will continue to receive citizenship at birth, and the naturalization process for permanent residents remains unchanged, requiring residency, language proficiency, and other criteria.
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