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 could not pass citizenship on to their children if those children were also born outside Canada. This limitation was ultimately found unconstitutional by the Ontario Superior Court of Justice in Bjorkquist v. Canada. The government chose not to appeal, and Bill C-3 is the legislative response.

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 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 abroad can qualify for citizenship where previously they could not.

Important: adopted persons cannot obtain citizenship by descent. A person who was adopted must apply for a grant of citizenship through the separate adoption process — not a citizenship-by-descent certificate. This applies in two situations that often arise in descent claims:

• If you were adopted, you must apply for a grant of citizenship for adopted persons, even where your adoptive parent is themselves a Canadian citizen. A citizenship certificate by descent is not available to you on the basis of the adoption.
• If a parent in your line of descent was adopted, that parent must first obtain their own grant of citizenship and swear the Oath of Citizenship before you can rely on a citizenship-by-descent application through that parent. The descent chain does not run through an unresolved adoptive link.

2. Substantial Connection Requirement

For children born outside Canada on or after December 15, 2025 to a Canadian parent who was themselves born abroad (a citizen by descent), the law introduces a substantial connection test. To satisfy it, that Canadian parent must demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada before the child’s birth. The days need not be consecutive.

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 Recognition for Eligible Individuals

Bill C-3 automatically recognizes as citizens those individuals born abroad before December 15, 2025 who would have been citizens 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.

This is an important distinction: these individuals are not being granted citizenship — the law recognizes a status that already existed by operation of law, often retroactive to birth. There are no residence, language, or knowledge requirements. The application is for a certificate confirming existing citizenship, not a discretionary grant.

4. Simplified Renunciation Process

Those who become recognized as Canadian citizens as a result of these changes and who choose to renounce citizenship can 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 born abroad on or after December 15, 2025 to a Canadian parent who was themselves born abroad (a citizen by descent). That Canadian parent must demonstrate the substantial connection when applying for proof of citizenship for the child.

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 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.

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 the generational status of the Canadian parent and whether that parent was born in Canada, naturalized in Canada, or is themselves a citizen by descent.
• Applicants born before December 15, 2025 may now automatically qualify for a citizenship certificate without needing to re-apply under the interim regime. IRCC will process applications submitted under the interim measure using the new rules.
• Those born after the effective date will need thorough documentation of the Canadian parent’s cumulative physical presence in Canada — border entry records, school enrolment, proof of residence, and similar evidence.
• Adopted persons and those with an adoption in their line of descent should obtain legal advice before applying, as the rules differ significantly from the biological descent pathway and an improperly filed application can cause delays.

Please also read our more in-depth guide here: https://borderslawfirm.com/citizenship/canadian-citizenship-by-descent/

If you believe you or a member of your family may be eligible, we would be pleased to assess your situation and advise on next steps.