After decades of advocacy and a landmark court ruling, Canada’s Bill C-3 officially came into effect on December 15, 2025, fundamentally transforming how citizenship is passed to children born abroad. For thousands of families worldwide—particularly “Lost Canadians” and second-generation Canadians born outside the country—this legislation represents long-awaited recognition and the restoration of rights that were denied for generations.
If you’re a Canadian living abroad, have children born overseas, or recently discovered you might qualify for citizenship through Canadian ancestry, this comprehensive guide explains everything you need to know about the new rules, eligibility criteria, and application process.
What Bill C-3 Changes: The End of the First-Generation Limit
For nearly two decades, Canada’s Citizenship Act contained a first-generation limit that prevented Canadian parents born abroad from passing citizenship to their own children born outside Canada. This restriction created significant hardship for families and contradicted Canada’s values of inclusivity and fairness.
The Old Rules That Created “Lost Canadians”
Under previous legislation introduced in 2009, citizenship by descent operated under a strict generational cap. A Canadian citizen could pass citizenship to a child born abroad only if that parent was themselves born or naturalized in Canada. This meant that if your Canadian parent was born overseas—even to Canadian grandparents—you would be ineligible for citizenship by descent.
Real-World Impact Example: Consider a Canadian diplomat stationed in Germany whose daughter is born there. Under the old rules, that daughter becomes a Canadian citizen. However, if she later works internationally and has her own child in France, that grandchild would have no automatic path to Canadian citizenship—despite having strong family ties to Canada and potentially visiting regularly.
This arbitrary cutoff affected families across diverse circumstances: military personnel stationed abroad, international development workers, academics on sabbatical, and business professionals taking overseas assignments.
The Constitutional Challenge That Changed Everything
On December 19, 2023, the Ontario Superior Court of Justice declared key sections of the Citizenship Act unconstitutional, specifically those enforcing the first-generation limit. The court found that these provisions violated equality principles under the Canadian Charter of Rights and Freedoms by creating two distinct classes of Canadian citizens with different rights.
The Government of Canada chose not to appeal this ruling, acknowledging that the law produced unacceptable outcomes for Canadians whose children were born outside the country. This decision reflected a broader recognition that citizenship law must adapt to how modern Canadian families actually live—increasingly mobile, internationally connected, and globally engaged.
Who Automatically Becomes Canadian Under Bill C-3
The legislation creates two distinct pathways depending on when you were born or adopted.
Automatic Citizenship for People Born Before December 15, 2025
If you were born or adopted outside Canada before December 15, 2025, you automatically became a Canadian citizen if you meet these conditions:
Primary Eligibility Criteria:
- You had a Canadian citizen parent at the time of your birth or adoption
- You would have been a citizen except for the first-generation limit
- You were previously excluded due to outdated provisions in former citizenship legislation
This retroactive recognition is automatic—you don’t need to apply to become a citizen. However, you must apply for a citizenship certificate to receive official proof of your status.
Who This Helps:
- Second-generation Canadians born abroad: Children whose Canadian parent was also born overseas
- Descendants of “Lost Canadians”: Individuals whose parents or grandparents lost citizenship due to discriminatory provisions in the 1947 Citizenship Act
- Section 8 “Lost Canadians”: People who lost citizenship because they failed to retain it before age 24 under old rules
- Children of Canadian women who married foreign nationals: Historically, Canadian women couldn’t pass citizenship to children born abroad if married to non-Canadians—a gender-discriminatory policy now remedied
The Substantial Connection Rule for People Born After December 15, 2025
For children born or adopted abroad on or after December 15, 2025, to parents also born or adopted outside Canada, the parent must demonstrate a substantial connection to Canada—defined as at least 1,095 days (three cumulative years) of physical presence in the country before the child’s birth or adoption.
This requirement balances two important principles: maintaining meaningful ties to Canada while recognizing that Canadian families increasingly live internationally.
How Physical Presence is Calculated:
The 1,095-day requirement is cumulative, not consecutive. This means any period of physical presence in Canada throughout your lifetime counts toward the threshold, including:
- Childhood years: Time spent in Canada as a minor, whether you were a citizen, permanent resident, or even on a temporary visa
- Educational periods: University studies, college programs, high school years
- Work experience: Employment in Canada on any status
- Residential periods: Time living in Canada for any reason, including as a dependent
Practical Example: Sarah was born in the UK to a Canadian parent who was also born abroad. Sarah lived in Toronto from ages 8-14 (six years), then returned to the UK. She later studied at McGill University for three years. Sarah has accumulated nine years of physical presence in Canada—far exceeding the three-year threshold. If she has a child in London after December 15, 2025, she can pass Canadian citizenship to that child.
Strategic Consideration: This rule incentivizes meaningful engagement with Canada. Parents who spent their formative years, pursued education, or built careers in Canada—even briefly—can pass citizenship forward. It’s designed to ensure citizenship isn’t diluted across endless generations without any actual connection to the country.
Understanding “Lost Canadians” and Their Restored Rights
The term “Lost Canadians” emerged to describe individuals who lost citizenship or never acquired it due to historical provisions in citizenship law that were discriminatory or unjust.
Historical Context: Why People Lost Citizenship
The first Canadian Citizenship Act of 1947 included several provisions that caused many people to either lose their Canadian citizenship or never get it at all. These outdated rules were shaped by post-war social norms and priorities that didn’t anticipate Canada’s evolution into a diverse, globally connected nation.
Major Categories of Lost Canadians:
Gender Discrimination (Pre-1977): Canadian women who married foreign nationals before 1977 automatically lost their citizenship. Their children born abroad were also ineligible for citizenship. Meanwhile, Canadian men in identical circumstances kept their citizenship and could pass it to their children—a clear case of gender-based discrimination.
Birth Out of Wedlock: Children born outside Canada to unmarried Canadian mothers faced barriers to citizenship that children of married parents did not encounter.
Section 8 Retention Requirements: Before 2009, Canadians born abroad had to apply to “retain” their citizenship before age 24 or lose it permanently. Many people were unaware of this requirement or unable to comply due to circumstances beyond their control.
War Brides and Border Babies: Various technical provisions excluded specific groups, including children born to Canadian war brides who married foreign servicemen, or individuals born just across the Canadian border in U.S. hospitals.
Previous Reforms and Their Limitations
Legislative changes in 2009 and 2015 restored or granted citizenship to approximately 20,000 people, addressing many Lost Canadian cases. However, significant gaps remained:
- Descendants of Lost Canadians were still excluded
- People affected by the first-generation limit introduced in 2009 had no remedy
- Some edge cases involving complex family histories fell through the cracks
Bill C-3 represents the most comprehensive solution yet, extending eligibility to virtually all remaining Lost Canadian categories and their descendants.
How to Apply for Canadian Citizenship Under the New Rules
The application process varies depending on your specific circumstances.
For People Who Automatically Became Citizens (Born Before December 15, 2025)
While your citizenship is automatic, you need official documentation to prove your status when applying for a passport, accessing government services, or demonstrating citizenship for employment purposes.
Step-by-Step Application Process:
Step 1: Verify Your Eligibility
Visit the Immigration, Refugees and Citizenship Canada (IRCC) website and use their online tools to confirm you meet the criteria. Review the specific provisions of Bill C-3 that apply to your situation.
Step 2: Gather Required Documents
Prepare comprehensive documentation proving your connection to Canada through your parent:
- Your birth certificate (showing parent’s name)
- Your parent’s birth certificate or Canadian citizenship certificate
- Your grandparent’s documentation if your parent was also born abroad (birth certificate, citizenship certificate, naturalization certificate)
- Marriage certificates for any relevant family members
- Adoption documents if applicable
- Name change documents if anyone in the chain changed their name
Step 3: Complete Form CIT 0001E
Download the Application for a Citizenship Certificate from the IRCC website. This form requires detailed information about your family history, places of residence, and citizenship claims.
Step 4: Submit Application and Pay Fees
Current processing fees for citizenship certificates are listed on the IRCC website. Submit your complete application package through the appropriate channel—typically online through the IRCC portal or by mail to the designated processing center.
Processing Timeline: IRCC has allocated additional resources to handle the anticipated surge in applications following Bill C-3’s implementation. While standard processing times typically range from several months to over a year, the department has committed to prioritizing these applications. Check the IRCC website for current processing time estimates.
For People Born After December 15, 2025 (Substantial Connection Required)
If you’re applying for your child born abroad on or after December 15, 2025, and you were also born or adopted abroad, you must demonstrate your substantial connection to Canada.
Evidence of Physical Presence:
You need to prove at least 1,095 days (three years) of physical presence in Canada. Acceptable documentation includes:
Government Records:
- Canadian tax returns and notices of assessment
- Employment Insurance (EI) records
- Canada Pension Plan (CPP) statements
- Provincial health insurance records
- Driver’s license records
Educational Documentation:
- School transcripts showing attendance dates
- University enrollment records
- Graduation certificates with dates
- Student loan records
Employment Evidence:
- Employment letters stating start and end dates
- Pay stubs showing Canadian employer and addresses
- Records of Employment (ROE)
- Professional licensing records
Residential Proof:
- Rental agreements or property ownership documents
- Utility bills over time
- Bank statements showing Canadian addresses
- Letters from landlords or property managers
Travel Documents:
- Passport stamps showing entry/exit from Canada
- Flight records or itineraries
- Border crossing records
Pro Tip: Create a detailed chronological timeline of all your time in Canada, including exact dates and supporting documents for each period. IRCC will carefully review this evidence to verify you meet the 1,095-day threshold.
Adopted Children and Bill C-3
The legislation extends equal treatment to adopted children, recognizing that citizenship by descent should apply regardless of whether a parent-child relationship was established biologically or through adoption.
For Children Adopted Before December 15, 2025:
Adopted individuals born and adopted outside Canada in the second generation or later can apply for citizenship through a direct grant, even if the adoption occurred years ago. This provision ensures adoptive families aren’t penalized by the previous first-generation limit.
For Children Adopted On or After December 15, 2025:
If the Canadian parent was also born or adopted abroad, they must prove the same 1,095-day physical presence requirement to pass citizenship to their adopted child.
Application Process:
Use the appropriate form for adopted children (available on the IRCC website) and include:
- Official adoption documents from the jurisdiction where adoption occurred
- Evidence of the child’s birth outside Canada
- Proof of parent’s Canadian citizenship
- Evidence of parent’s substantial connection if required
Special Circumstances: Renunciation Rights
Bill C-3 includes provisions allowing people who automatically became citizens but don’t wish to maintain that status to access a simplified renunciation process.
Why Someone Might Renounce Citizenship
Several legitimate reasons exist for choosing not to maintain Canadian citizenship:
Tax Implications: Some countries tax citizens on worldwide income regardless of residence. Dual citizenship can create complex tax obligations.
Mandatory Military Service: Certain countries require citizens to perform military service. Gaining unexpected Canadian citizenship could complicate obligations to another country.
Professional or Security Clearances: Some positions in government, military, or security sectors in other countries prohibit dual citizenship.
Personal Preference: Individuals may simply prefer to maintain a single citizenship for personal, political, or philosophical reasons.
Simplified Renunciation Process
If you automatically became a Canadian citizen under Bill C-3 and wish to renounce, IRCC has created a streamlined process. Visit the IRCC website for the specific renunciation form and instructions.
Important Consideration: Renunciation is permanent. Once you renounce Canadian citizenship, you cannot automatically reclaim it later. If you’re uncertain, consider consulting an immigration lawyer before proceeding.
Timeline and Key Dates
Understanding the legislative journey and critical milestones helps contextualize this historic change.
June 5, 2025: Bill C-3 was introduced to Parliament, beginning formal legislative consideration.
November 20, 2025: The bill received royal assent, completing the parliamentary approval process and finalizing the legislative text.
December 15, 2025: Bill C-3 officially came into effect, with IRCC immediately recognizing new eligible citizens and applying the new rules.
Ongoing: IRCC continues processing applications under the new framework, with regular updates to processing times and procedures available on their website.
What Happened to Interim Measure Applications
Following the 2023 court ruling, IRCC announced an interim measure to support those affected by the first-generation limit. If you submitted an application under that interim measure, excellent news: you don’t need to submit a new application—IRCC will process it using the new Bill C-3 rules.
This automatic transition saves applicants the administrative burden of resubmitting paperwork and ensures faster processing for those who’ve already been waiting.
The Broader Impact: What This Means for Canada
Bill C-3 represents more than a technical legal amendment—it reflects fundamental values about identity, fairness, and national belonging in an interconnected world.
Strengthening the Global Canadian Community
Minister Lena Metlege Diab emphasized that these changes reflect how Canadian families live today, with many choosing to study abroad, experience other cultures, or relocate while maintaining meaningful connections to Canada.
An estimated 2.8 million Canadians live abroad, contributing to Canada’s international reputation across diplomacy, business, academia, arts, and countless other fields. Bill C-3 acknowledges these contributions and ensures citizenship remains accessible to their children and grandchildren.
Economic and Cultural Benefits
Talent Attraction: Second-generation Canadians abroad often possess unique skills, multilingual abilities, and international networks. Providing a clear citizenship pathway may encourage some to relocate to Canada, contributing to economic growth.
International Networks: Canadian citizens abroad serve as cultural ambassadors, facilitating trade relationships, educational exchanges, and diplomatic connections.
Remittances and Investment: Diaspora communities frequently invest in their countries of citizenship, send remittances to family members, and facilitate cross-border business opportunities.
Cultural Enrichment: Maintaining citizenship across generations preserves cultural ties, family connections, and shared identity that enrich Canada’s multicultural fabric.
Comparison with Other Countries
Canada’s new approach positions it uniquely among developed nations:
United States: No generational limits on citizenship by descent, though complex documentation requirements exist.
United Kingdom: Generally limits citizenship by descent to one generation, with exceptions for government service.
Australia: Similar to pre-Bill C-3 Canada, with strict generational limits and citizenship by descent restrictions.
Germany: Complex rules depending on when parents became citizens, with recent reforms expanding access.
Canada’s model—automatic recognition for existing cases plus a substantial connection requirement for future generations—strikes a balance between inclusivity and ensuring meaningful ties.
Practical Advice and Common Mistakes to Avoid
Navigating citizenship applications can be complex. Here are key tips to maximize success:
Document Everything Thoroughly
Create a Comprehensive Family Tree: Map out multiple generations with birth dates, locations, citizenship statuses, and key life events. This visual representation helps identify which provisions of Bill C-3 apply to you.
Organize Chronologically: For substantial connection applications, create a detailed timeline of every period in Canada with start and end dates, purpose of stay, and supporting documentation.
Obtain Official Documents: Ensure all birth certificates, citizenship certificates, and other core documents are official government-issued versions. IRCC won’t accept photocopies or unofficial translations.
Translation Requirements
All documents not in English or French must be accompanied by:
- Certified translation by an accredited translator
- Original document or certified copy
- Translator’s affidavit certifying accuracy
Common Application Errors
Incomplete Documentation: Missing even one document can delay processing by months. Use IRCC’s document checklist and verify you’ve included everything.
Calculation Errors: When proving physical presence, carefully calculate days. Include all time in Canada, but be precise—overstatements discovered during verification can delay or derail applications.
Name Inconsistencies: If anyone in your family tree changed their name (through marriage, legal name change, or cultural reasons), provide documentation linking all name variations.
Outdated Forms: IRCC occasionally updates forms. Always download the most recent version from the official website immediately before submitting.
When to Seek Professional Help
Consider consulting a regulated Canadian immigration consultant (RCIC) or immigration lawyer if:
- Your family history is complex or involves unusual circumstances
- You have documentation gaps or lost records
- Previous citizenship applications were refused
- You’re uncertain which category of Bill C-3 applies to you
- Language barriers make forms difficult to complete accurately
Verification Tip: Only work with authorized representatives. Check the College of Immigration and Citizenship Consultants registry to verify credentials.
Looking Forward: What Comes Next
Bill C-3 marks a significant milestone, but implementation continues to evolve.
IRCC Resources and Support
The department has established dedicated resources for Bill C-3 applicants:
Online Tools: Eligibility checkers and document checklists specific to Bill C-3 circumstances
Helplines: Specialized phone support for questions about the new rules
Webinars: Educational sessions explaining provisions and application processes
Processing Updates: Regular publication of current processing times and backlogs
Visit the official IRCC website’s Citizenship section for the most current information and resources.
Potential Future Developments
While Bill C-3 addresses the most pressing citizenship by descent issues, some edge cases and complex scenarios may require additional clarification through:
Regulatory Guidance: IRCC may publish detailed operational guidelines interpreting specific provisions
Legal Precedents: Court cases involving unique situations will establish how certain provisions apply
Legislative Refinements: Future amendments may address any unintended gaps discovered during implementation
Frequently Asked Questions
Q: I was born in the U.S. to a Canadian parent who was also born outside Canada. Am I automatically a Canadian citizen now?
A: If you were born before December 15, 2025, yes—you automatically became a Canadian citizen when Bill C-3 took effect, regardless of your parent’s physical presence in Canada. You need to apply for a citizenship certificate as proof, but your citizenship is automatic.
Q: My parent spent two years in Canada as a child and one year studying there as an adult. Can they pass citizenship to my child born in 2026?
A: Yes. Those three total years (730 days + 365 days = 1,095 days) meet the substantial connection requirement exactly. Your parent should carefully document these periods when applying for citizenship on behalf of your child.
Q: Can I count time I spent in Canada on a work permit toward the 1,095-day requirement?
A: Yes. The physical presence requirement includes any time physically present in Canada, regardless of your immigration status at the time—temporary visitor, student, worker, permanent resident, or citizen.
Q: Does this affect people who were already Canadian citizens?
A: No, the change to the first-generation limit doesn’t affect anyone who already became a Canadian citizen before Bill C-3 became law. If you were already a citizen, your status is unchanged.
Q: How long will it take to get a citizenship certificate?
A: Processing times vary based on application volume and complexity. IRCC publishes current processing time estimates on their website. Given the surge in applications following Bill C-3, expect several months at minimum, though the government has allocated additional resources to expedite processing.
Q: My parent lost Canadian citizenship under old rules but it was restored in 2009. Do I qualify under Bill C-3?
A: Possibly. If your parent’s citizenship was restored retroactively but you were born before that restoration occurred, Bill C-3 may extend citizenship to you. The legislation specifically addresses descendants of Lost Canadians. Review your specific circumstances with IRCC resources or an immigration professional.
Q: Can I apply for Canadian citizenship for my child even if I’ve never lived in Canada?
A: If you were born or naturalized in Canada (even if you left immediately after birth), you can pass citizenship to your child born abroad without the substantial connection requirement. However, if you were also born abroad, you must demonstrate 1,095 days of physical presence in Canada to pass citizenship to a child born on or after December 15, 2025.
Q: What if I can’t find documents proving my parent’s or grandparent’s Canadian citizenship?
A: IRCC maintains historical citizenship records. You can request searches of their archives. Additionally, provincial vital statistics offices keep birth and marriage records. Immigration lawyers and consultants can assist with locating difficult-to-find documentation. Don’t give up—many documents are recoverable through official channels.
Conclusion: A New Chapter for Canadian Citizenship
Bill C-3 represents a watershed moment in Canadian citizenship law—correcting historical injustices while creating a forward-looking framework that recognizes how modern families actually live.
For thousands of people who were previously excluded from Canadian citizenship due to arbitrary generational limits or outdated discriminatory provisions, December 15, 2025, marks the day they finally received recognition as Canadians. For future generations, the substantial connection requirement ensures citizenship remains tied to meaningful engagement with Canada while respecting the increasingly global nature of Canadian life.
Whether you’re applying for a citizenship certificate to confirm your newly recognized status, gathering evidence of physical presence to pass citizenship to your children, or simply learning about how these changes might affect your family, the key is to act thoughtfully and thoroughly.
Immediate Next Steps:
- Assess Your Situation: Determine which provisions of Bill C-3 apply to you and your family members
- Gather Documentation: Begin collecting birth certificates, citizenship proof, and evidence of physical presence in Canada
- Check Official Resources: Visit the IRCC website for the most current forms, guidelines, and processing information
- Apply Promptly: While there’s no deadline for applying, earlier submissions generally receive attention sooner
- Stay Informed: IRCC regularly updates procedures and publishes processing times—check periodically for changes
Bill C-3 isn’t just legislation—it’s an affirmation that Canadian citizenship is a meaningful, evolving bond that spans generations and crosses borders. By mending historical wounds and establishing clear, fair rules for the future, Canada has strengthened the ties that connect Canadians at home and around the world.
