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Canadian Citizenship by Descent: What Bill C-3 Changes

Plain-English summary of the December 15, 2025 amendment to Canada's Citizenship Act. Every factual claim links to a primary government source or a reputable secondary outlet.

Last updated: May 26, 2026

Bill C-3 has been in force since December 15, 2025. According to IRCC, the amendments removed the first-generation limit on citizenship by descent for people born or adopted abroad before that date and introduced a new substantial connection test for births and adoptions on or after. The Parliamentary Budget Office estimated approximately 115,000 people may become eligible over five years.

In 30 seconds

This page is informational, not legal advice. The Next Passport is an independent document organization tool — not a law firm, not a Canadian government agency, and not authorized to practice law in Canada or the United States. This page gathers publicly reported information from English-language news outlets and primary Canadian government sources, and explains it in plain English for descendants trying to understand how the December 2025 amendments may affect their eligibility. For guidance on your specific situation, always consult a licensed Canadian immigration consultant or attorney. Canadian citizenship law changes frequently — the information below reflects publicly reported sources as of May 26, 2026 and may not reflect subsequent developments.

How we source this page

Every factual claim links to a primary Canadian government source (canada.ca IRCC announcements, justice.gc.ca Charter statements, Library of Parliament legislative summaries) or to a reputable English-language outlet (CIC News, MLT Aikins, Migration Law Group, Serotte Law). We do not conduct primary interviews, sit in Parliament, or make independent legal determinations.

1. What happened

According to Immigration, Refugees and Citizenship Canada (IRCC), Bill C-3 — An Act to amend the Citizenship Act (2025) — received Royal Assent on November 20, 2025 and came into force on December 15, 2025. The bill amends the Citizenship Act (R.S.C. 1985, c. C-29) and is the most significant change to Canadian citizenship-by-descent law since the 2009 and 2015 Lost Canadians legislation.

Per IRCC's December 15, 2025 news release, the amendments restore Canadian citizenship to certain individuals known as 'Lost Canadians' and their descendants who lost or never had citizenship status due to outdated provisions of previous citizenship legislation. The Parliamentary Budget Office estimated that approximately 115,000 people may become eligible to apply for proof of citizenship over the next five years as a result of these amendments.

Two core changes:

  • The first-generation limit has been removed for persons born or adopted abroad before December 15, 2025. Previously, citizenship by descent could not pass beyond one generation born outside Canada — the 'first-generation limit' introduced by Bill C-37 in 2009. Per MLT Aikins and the Library of Parliament legislative summary, this restriction is now lifted for pre-December 15, 2025 births and adoptions.
  • A new substantial connection test applies prospectively to persons born or adopted abroad on or after December 15, 2025. According to Migration Law Group's explainer, the Canadian parent must demonstrate at least 1,095 cumulative days (three years) of physical presence in Canada at any point before the child's birth or adoption. The days do not need to be consecutive.

Per IRCC, Lost Canadians and their descendants who become citizens by virtue of these amendments are considered citizens automatically — no separate restoration application is required. However, to receive formal recognition (a Citizenship Certificate, useful for obtaining a Canadian passport), an applicant typically files form CIT 0001 with the standard IRCC processing fee. Processing times are approximately 10 months.

The Bill C-71 question

Bill C-3's predecessor, Bill C-71, was introduced in the previous Parliament on May 23, 2024 as the government's initial response to the Bjorkquist Charter ruling. Per OpenParliament's bill tracker, Bill C-71 did not pass before Parliament prorogued on January 6, 2026, and effectively died at prorogation. Bill C-3 was reintroduced in the current Parliament on June 5, 2025 with substantially the same architecture and passed quickly, receiving Royal Assent on November 20, 2025. If you encounter references to Bill C-71 in older coverage, treat them as historical context — Bill C-3 is the law that actually changed things.

Statements from IRCC and reputable firms covering Bill C-3

“Bill C-3, an Act to amend the Citizenship Act (2025), comes into effect today. The amendments restore Canadian citizenship to certain individuals known as 'Lost Canadians' and their descendants, who lost or never had citizenship status due to outdated provisions of previous citizenship legislation.”
Immigration, Refugees and Citizenship Canada (IRCC) — Per IRCC's December 15, 2025 news release announcing that Bill C-3 had come into effect. Source
“The amendments to the Citizenship Act under Bill C-3 are now in effect. Among the most significant changes is the removal of the first-generation limit on citizenship by descent for individuals born or adopted abroad before December 15, 2025.”
MLT Aikins LLP — Per the firm's December 2025 client advisory on the Citizenship Act amendments. Source
“For persons born or adopted abroad on or after December 15, 2025, the Canadian parent must demonstrate a substantial connection to Canada — defined as at least 1,095 cumulative days of physical presence in Canada at any point before the child's birth or adoption — for citizenship to pass by descent.”
Migration Law Group — Per the firm's December 2025 explainer on Bill C-3. Source
“Bill C-3 takes effect today, giving many a clear pathway to Canadian citizenship. The Parliamentary Budget Officer has estimated that approximately 115,000 people may become eligible to apply for proof of citizenship over the next five years as a result of these amendments.”
CIC News — Per CIC News breaking coverage of December 15, 2025. Source
“Many Americans and other foreign nationals are now waking up Canadian. For those previously refused under the first-generation limit, IRCC began applying the amended Act on December 15, 2025 — and a new application or reconsideration may be warranted.”
Serotte Law — Per the firm's published analysis 'Waking Up Canadian'. Source

2. The first-generation limit explained

Before Bill C-3, Canadian citizenship by descent was capped at one generation born outside Canada. If your parent was a Canadian citizen born in Canada, citizenship transmitted to you automatically. But if your parent was a Canadian citizen by descent — that is, a Canadian who was themselves born outside Canada — citizenship could not pass further down to you, even if you were born to that Canadian parent. This is what's known in citizenship-by-descent communities as the 'first-generation limit.'

The first-generation limit was introduced by Bill C-37 in 2009. Its stated purpose was to prevent perpetual transmission of citizenship to descendants who might have no real connection to Canada. In practice, however, it stranded a category of people who would otherwise have been considered Canadian, creating what advocacy groups called a second wave of 'Lost Canadians.' Children of citizens-by-descent born abroad were excluded from citizenship altogether — even when their grandparent or great-grandparent had a strong Canadian connection.

Bill C-3 removed the first-generation limit for people born or adopted abroad before December 15, 2025, with the requirement that the chain of descent from a Canadian citizen ancestor is unbroken and can be documented. For births and adoptions on or after December 15, 2025, the new substantial connection test applies — the Canadian parent must demonstrate at least 1,095 cumulative days of physical presence in Canada at any point before the child's birth or adoption.

The substantial connection test is the government's compromise between Bill C-37's strict cutoff and the unlimited transmission that would otherwise apply. Per the Library of Parliament summary, it preserves a meaningful link between Canadian citizens abroad and Canada itself, while no longer denying citizenship to children whose parents have actually lived in Canada for a substantial period.

4. What this may mean for applicants

Bill C-3 has been in force since December 15, 2025, and IRCC is applying the amended Act to new and pending applications. The following scenarios describe how different applicant situations may be affected. If you are currently applying for Canadian citizenship by descent and your eligibility depends on any of these questions, consult a licensed Canadian immigration consultant or attorney for guidance on your specific situation.

I was born abroad, and so was my Canadian parent

Under the previous first-generation limit, you were generally excluded from Canadian citizenship by descent. Under Bill C-3, if you were born or adopted before December 15, 2025 and the chain of descent from a Canadian citizen ancestor is unbroken, you may now qualify automatically. To formally confirm your status, apply for proof of citizenship using form CIT 0001 — the standard $75 CAD fee and 10-month processing window apply. Document every link in the chain with long-form birth certificates and proof of citizenship for the Canadian anchor.

General description of how this situation may be affected. Not legal advice. Consult a licensed Canadian immigration consultant or attorney for guidance on your specific application.

I (or my child) was born abroad after December 15, 2025

The new substantial connection test applies. If you (the Canadian parent) had accumulated at least 1,095 cumulative days of physical presence in Canada at any point before your child's birth or adoption, citizenship may transmit. The days do not need to be consecutive. If the test is not met, citizenship does not pass automatically for births on or after December 15, 2025 — though future children may still qualify if the threshold is later reached. A Crown servant exemption (Citizenship Act Section 3(5)) applies to certain parents employed outside Canada by the Canadian Armed Forces or federal public service.

General description of how this situation may be affected. Not legal advice. Consult a licensed Canadian immigration consultant or attorney for guidance on your specific application.

My IRCC application was previously refused

If your application was refused under the old first-generation limit, you may now qualify under Bill C-3. Per IRCC, the amended Act began being applied to new and pending applications on December 15, 2025. Per Serotte Law and other firm analyses, a new application or formal reconsideration may be warranted — the specifics depend on your refusal grounds and refusal date. Consult an immigration consultant or attorney with your refusal letter and IRCC file in hand.

General description of how this situation may be affected. Not legal advice. Consult a licensed Canadian immigration consultant or attorney for guidance on your specific application.

I was born abroad but my Canadian parent was born in Canada

You have always been eligible under Section 3(1)(b) of the Citizenship Act — citizenship transmits automatically because your parent is a first-generation Canadian citizen, not a citizen by descent. Bill C-3 does not change anything in your case. Apply for a Citizenship Certificate using form CIT 0001 if you need formal proof for passport or other purposes.

General description of how this situation may be affected. Not legal advice. Consult a licensed Canadian immigration consultant or attorney for guidance on your specific application.

5. What we're watching next

  • IRCC processing time updates under increased demand. The PBO estimate of approximately 115,000 newly eligible applicants over five years could materially affect processing times at the Sydney, Nova Scotia processing centre. IRCC has not yet announced any changes to the 10-month standard, but we'll update this page when new figures appear.
  • Operational guidance for previously refused applicants. Per Serotte Law and other firms, IRCC is processing reconsideration requests for refusals issued under the first-generation limit, but the specific procedural pathway (reapplication vs. formal reconsideration) is still being clarified across cases. We'll add detail as published guidance becomes available.
  • Substantial connection test edge cases (Crown servant exemption, dual-country residency). The 1,095-day physical-presence requirement raises questions about how partial years, dual residency, and Crown servant postings count toward the threshold. The Library of Parliament summary references the Crown servant exemption (Citizenship Act Section 3(5)); detailed IRCC operational guidance is still being published.
  • Further legislative or judicial activity. If additional Charter challenges, amendments, or IRCC circulars are published, they will be added here with a dated changelog entry.

Update history

  • 2026-05-26

    Page published. Bill C-3 has been in force since December 15, 2025. Covers the removal of the first-generation limit for pre-December 15, 2025 births, the new substantial connection test for post-December 15, 2025 births, the relationship to the predecessor Bill C-71 (which died with prorogation in January 2026), guidance for previously refused applicants, and historical context from the 2009 Bill C-37 framework and the Bjorkquist v. Canada Charter ruling that prompted the legislative fix.

6. Primary sources

Every factual claim on this page is supported by one or more of the following sources. The Next Passport is not affiliated with any of the organizations listed below.

Primary sources (Canadian government)

Secondary sources (news + legal commentary)

7. Frequently asked questions

I was born outside Canada to a Canadian parent who was also born outside Canada — do I now qualify?

If you were born before December 15, 2025, you may now qualify for Canadian citizenship by descent under Bill C-3. The first-generation limit that previously blocked your case was removed effective December 15, 2025, so long as the chain of descent from a Canadian citizen ancestor is unbroken and can be documented. According to IRCC, eligible individuals are considered citizens automatically — no separate restoration application is required, but you will typically need to apply for proof of citizenship using form CIT 0001 to receive a Citizenship Certificate. Verify your specific facts with IRCC at canada.ca or a licensed Canadian immigration consultant.

What is the 'substantial connection test' and does it affect me?

The substantial connection test is a new requirement introduced by Bill C-3 that applies only to children born or adopted abroad on or after December 15, 2025. To pass citizenship to a child born abroad in this group, the Canadian parent must demonstrate at least 1,095 cumulative days (three years) of physical presence in Canada at any point before the child's birth or adoption. The days do not need to be consecutive. According to the Library of Parliament's legislative summary, this test prevents perpetual transmission of citizenship abroad across many generations without any real connection to Canada. If you were born before December 15, 2025, the test does not apply to you.

What happened to Bill C-71?

Bill C-71 was introduced in the previous Parliament on May 23, 2024 as the government's first attempt to address the first-generation limit after the Bjorkquist v. Canada ruling. According to OpenParliament's tracker, Bill C-71 did not pass before Parliament prorogued and was effectively terminated. Bill C-3 was introduced on June 5, 2025 in the current Parliament as the replacement and received Royal Assent on November 20, 2025. Bill C-3 is the law that actually changed things — Bill C-71 never came into force. If you see references to C-71 in older articles, treat them as historical context.

My IRCC application was previously refused — can I reapply?

Possibly, yes. According to IRCC's December 15, 2025 news release, IRCC began applying the amended Act on December 15, 2025. Many people who were previously refused under the old first-generation limit may now qualify under Bill C-3, particularly second-generation-born-abroad applicants. Per Serotte Law and other firms' published analyses, a new application or formal reconsideration may be warranted depending on your specific facts. The standard form (CIT 0001) and fee structure are unchanged. Always consult a licensed Canadian immigration consultant or attorney for guidance on your specific application history.

How is this different from the original 2009 Lost Canadians fix?

The 2009 changes (introduced by Bill C-37) restored citizenship to many people who had lost it under pre-1977 rules, but also introduced the first-generation limit — capping citizenship-by-descent at one generation born outside Canada. That cap was intended to prevent unlimited transmission abroad, but it had the unintended effect of stranding a new category of 'Lost Canadians' whose claim passed through more than one foreign-born generation. Bill C-3 (2025) is the legislative response to the Ontario Superior Court's ruling in Bjorkquist v. Canada (2023 ONSC 7152), which held that the first-generation limit was unconstitutional. Bill C-3 removed the cap for pre-December 15, 2025 births and replaced it, prospectively, with the substantial connection test.

Where can I read the actual legislation?

The most authoritative sources are: (1) IRCC's December 15, 2025 news release announcing the Act in force, published at canada.ca/en/immigration-refugees-citizenship; (2) Justice Canada's published Charter Statement on Bill C-3 at justice.gc.ca, which walks through how the amendments engage the Canadian Charter of Rights and Freedoms; and (3) the Library of Parliament's Legislative Summary of Bill C-3 (45-1), a detailed clause-by-clause analysis. All three are linked in the primary sources section of this page. The underlying statute amended by Bill C-3 is the Citizenship Act (R.S.C. 1985, c. C-29).

Three next steps

The Next Passport is a document organization and research tool, not a legal authority. This page aggregates publicly reported information from English-language news outlets and primary Canadian government sources. Always verify with official sources before taking action, and consult a licensed Canadian immigration consultant or attorney for guidance on your specific situation.