New Developments in Citizenship Law: Bill C-3 Proposes Changes to Citizenship by Descent

On June 5, 2025, the Government of Canada introduced Bill C-3, An Act to amend the Citizenship Act, which proposes modifications to how citizenship is transmitted to children and grandchildren born outside Canada. This bill follows prior legislative efforts, including Bill C-71 introduced in 2023, which did not become law.

The key feature of Bill C-3 is the proposed expansion of citizenship by descent beyond the first generation born abroad. Under the current Citizenship Act, Canadian citizens can only automatically transmit citizenship to their children born abroad if the parent was either born in Canada or naturalized in Canada. This restriction has prevented many individuals with Canadian ancestry from acquiring citizenship if both they and their parent were born outside Canada.

Bill C-3 proposes to allow Canadian citizens born abroad to pass citizenship to their children born outside Canada if they can demonstrate at least 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption. This would apply to future births and adoptions, and in some cases, may also apply retroactively.

It is important to note that the parent must be a Canadian citizen in order to transmit citizenship. Physical presence in Canada for three years is a required condition under the proposed rules, but it does not replace the requirement that the parent be a citizen at the time of the child’s birth or adoption.

This framework may enable some individuals to acquire citizenship through a Canadian grandparent, but only if the child’s parent is a Canadian citizen and meets the 1,095-day presence requirement. For example, if a grandparent was born in Canada, their child was born abroad and later became a Canadian citizen, and that child then lived in Canada for at least three years before having their own child abroad, the grandchild may be eligible under the proposed legislation.

In addition to changes to citizenship by descent, Bill C-3 also includes provisions to restore citizenship to certain individuals who lost or were denied Canadian citizenship under earlier provisions of the law. This includes descendants of individuals affected by prior exclusions related to marital status, gender, or international adoption.

Bill C-3 was introduced shortly before the expiry of a suspension order issued by the Ontario Superior Court of Justice in Bjorkquist v. Attorney General of Canada (2023), in which the court found the first-generation limit to be unconstitutional. The court’s suspension of its declaration of invalidity was extended to August 9, 2025, allowing Parliament time to respond with legislative amendments. The introduction of Bill C-3 appears to be part of that legislative response.

As of July 2025, Bill C-3 has completed First Reading in the House of Commons and is awaiting Second Reading debate. If it progresses, it will undergo committee review, a Third Reading vote, and then proceed to the Senate. The bill is not yet law. If enacted, it could come into force as early as fall 2025.

Interim Measures: Applying Before the Law Changes

While Bill C-3 is still under consideration, Immigration, Refugees and Citizenship Canada (IRCC) has confirmed the availability of interim measures for individuals who would be eligible for citizenship if the bill is enacted. These measures are based on the Ontario Superior Court’s 2023 ruling, which found the one-generation limit unconstitutional. Although the declaration of invalidity is currently suspended until August 9, 2025, individuals are not required to wait for the law to change before submitting an application.

Eligible individuals—typically children born abroad to a Canadian parent who was also born abroad but lived in Canada for at least three years—may now submit an application for a citizenship certificate under the current legislative framework, supplemented with a legal argument referencing the Bjorkquist decision and the pending Bill C-3 amendments.

Applicants are encouraged to provide:

• Proof that their parent is a Canadian citizen;
• Evidence that the parent resided in Canada for at least 1,095 days before the applicant’s birth;
• A legal submission explaining why their situation falls within the scope of the Bjorkquist decision and/or the proposed legislation.

While such applications may not be automatically approved, IRCC has been accepting and holding these cases for review. If the bill becomes law later this year, many of these pending applications may be finalized without further delay.

In our view, it is prudent for eligible individuals to apply proactively, particularly in cases where there is a strong factual and legal basis. We are also monitoring whether IRCC will provide additional policy guidance or transitional procedures after the suspension deadline expires in August.