Understanding Bill C-3: Key Changes to Canada’s Citizenship by Descent Rules

On December 15, 2025, Bill C-3, An Act to amend the Citizenship Act (2025) came into force, marking a significant overhaul of long-standing citizenship-by-descent rules in Canada.

Why Bill C-3 Was Introduced

Prior to Bill C-3, Canada’s Citizenship Act included a first-generation limit on citizenship by descent. Under that rule, Canadian citizens born outside Canada — or adopted abroad — could not pass citizenship on to their children if those children were also born or adopted outside Canada. This limitation was ultimately found unconstitutional by the Ontario Superior Court of Justice.

Bill C-3 not only restores citizenship to individuals previously excluded (“Lost Canadians”), but also establishes a new framework for how citizenship by descent will be determined going forward.

Key Changes Under Bill C-3

1. Extending Citizenship Beyond the First Generation

Under the amended Citizenship Act, Canadian citizenship by descent can now extend to children (and adopted children) born outside Canada beyond the first generation, provided certain criteria are met. This means that children born abroad to Canadian parents who were themselves born or adopted abroad can qualify for citizenship where previously they could not.

2. Substantial Connection Requirement

For children born or adopted outside Canada on or after December 15, 2025 to Canadian parents who were also born abroad, the law introduces a substantial connection test. To satisfy this test, the Canadian parent must demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada before the child’s birth or adoption.

This requirement reflects the policy objective that citizenship by descent be tied to meaningful ties to Canada, while still recognizing the global mobility of many Canadian families.

3. Automatic Citizenship for Eligible Individuals

Bill C-3 also automatically grants citizenship to individuals born abroad before December 15, 2025 who would have been eligible had the first-generation limit not existed. These individuals can now apply for proof of Canadian citizenship without needing to meet the new connection test.

4. Simplified Renunciation Process

Those who become Canadian citizens as a result of these changes and who choose to renounce citizenship can now do so through a simplified process under the amended Act.

Who the Substantial Connection Rule Applies To

It is crucial to understand that the three-year physical presence requirement does not apply to every citizenship applicant:

• Applies to: Children or adopted children born abroad on or after December 15, 2025 to Canadian parents who themselves were born or adopted abroad. Their Canadian parent must demonstrate the substantial connection when applying for proof of citizenship.
• Does not apply to: Canadian parents who were born or naturalized in Canada, or to applicants who were born abroad before the law came into force and whose status is automatically recognized under the new provisions. These applicants can receive proof of citizenship without satisfying the new connection test.

Impact on “Lost Canadians”

Bill C-3 also addresses long-standing issues affecting so-called Lost Canadians — people who lost or never acquired citizenship due to technical limitations in past versions of the Citizenship Act. The new law restores citizenship eligibility to many of these individuals and to their descendants, offering a permanent, legislated solution to past exclusions.

Analysis

Our view is that this policy is too liberal and degrades the value of Canadian citizenship, as it opens the door to people with little to no connection to Canada to become citizens overnight. As we mentioned in other blogs, our view is that Canadian citizenship by decent should require at least five years of physical presence in Canada for the parents of applicants seeking a grant of citizenship. We also feel that naturalized citizens should have to live in Canada for five years before becoming eligible to apply.

Practical Considerations

Points to keep in mind if you are thinking of applying for a Citizenship Certificate:

• Eligibility assessment under the new framework should consider both the generational status of the Canadian parent and the parental physical presence in Canada.
• Applicants born before the law’s effective date may now automatically qualify for citizenship certification without needing to re-apply under the interim regime.
• Those born after the effective date will need thorough documentation of the parent’s presence in Canada where applicable.