Modernizing Canadian Citizenship by Descent: The Implications of Bill C-3

Bill C-3 is expected to take effect soon, addressing the unconstitutional first-generation limit in the Citizenship Act. Once in force, it will allow second-generation children born abroad to acquire citizenship if their Canadian parent has a substantial connection to Canada—defined as 1,095 days (three years) of physical presence before the child’s birth or adoption. The first-generation limit, introduced in 2009, prevents foreign-born children from obtaining citizenship if their Canadian parent was also born abroad. Under Bill C-3, Canadian parents born outside Canada will again be able to pass on citizenship to children born abroad, provided they meet the physical presence requirement. Bill C-3 received Royal Assent on November 20, 2025, but has not yet come into force. It is expected to take effect by January 20, 2026, unless the court grants a further extension. The new rules will apply to children born on or after the coming-into-force date and will likely automatically restore citizenship to second-generation children who would have been citizens but for the first-generation limit. The government estimates that roughly 115,000 foreign-born children will become eligible. These changes cannot be understood in isolation. Bill C-3 is the product of a major constitutional ruling and decades of evolving citizenship-by-descent rules. The following sections explain the Court’s decision, trace the legislative history behind the first-generation limit, and conclude with practical guidance for parents assessing a potential citizenship claim.

The Constitutional Ruling Behind Bill C-3

Bill C-3 was introduced following a successful constitutional challenge. In Bjorkquist v. Canada (2023 ONSC 7152), the Ontario Superior Court struck down the first-generation limit as unconstitutional. The Court held that the rule violated section 15 by creating unequal classes of Canadians: those born in Canada could pass on citizenship automatically, but those born abroad could not, even if they had deep ties to Canada. It also violated section 6 by discouraging Canadians from studying or working abroad. It further held that the rule had a disproportionate impact on first-generation foreign-born women, who were often forced to choose between returning to Canada to secure citizenship for their children or remaining abroad to preserve their careers and stability.

Evolution of Canadian Citizenship Law

Pre-2009 System: Retention Requirement (1947-2009)

Before 1947, Canada had no independent citizenship; people born or naturalized in Canada were British subjects. When the Canadian Citizenship Act took effect on January 1, 1947, amid post-war nationalism, most long-standing British subjects in Canada automatically became Canadian citizens. Under the 1947 Act, a child born abroad could only acquire Canadian citizenship through the “responsible parent”, which was the child’s father if the parents were married, and the mother if the parents were unwed. The child became a citizen upon registration, but that citizenship expired at age 22 (later 24) unless the person applied to retain it. Once retained, citizenship could be passed to foreign-born children—again only through the responsible parent—and the cycle repeated. Although this system could, in theory, continue indefinitely, many people were unaware of the retention rules, and large numbers of those born abroad between 1947 and 1977 lost their citizenship unintentionally, forming a major category of “lost Canadians”. The 1977 Act removed the retention requirement for first-generation children born abroad and, for the first time, allowed both women and men, regardless of marital status, to transmit citizenship to foreign-born children. Second-generation children born abroad still had to file a retention declaration before age 28 and either live in Canada for a year or show a substantial connection. If retained, citizenship could be passed to the next generation under the same rules. In practice, the system was cumbersome, and many second- and third-generation individuals lost their citizenship because the required declaration was never filed.

2009 System: First-Generation Limit (2009-present)

Bill C-37, which came into force on April 17, 2009, was a major overhaul of citizenship law. It restored or confirmed citizenship for several groups of “lost Canadians” and addressed the problems created by the old retention system, which many people either did not know about or avoided because it could reveal sensitive details about their parents’ marital status. Parliament ultimately abolished the retention regime and replaced it with a strict first-generation limit. For children born abroad on or after April 17, 2009, citizenship could not be passed on if the Canadian parent was also foreign-born, regardless of the family’s connection to Canada. This is the rule the Court struck down as unconstitutional in Bjorkquist.

What Bill C-3 Means for Children Born Abroad

Bill C-3 modernizes the first-generation limit by adding a substantial connection requirement. The new framework looks to whether the Canadian parent accumulated enough physical presence in Canada before the child’s birth or adoption. Children born abroad on or after the bill comes into force will be eligible for citizenship by descent if their Canadian parent—who was also born abroad—meets the substantial connection test. Children born abroad before the coming-into-force date should also be eligible for citizenship by descent, even if their Canadian, foreign-born parent does not meet the substantial connection test.  For now, these applications may continue under the discretionary grant process, but once Bill C-3 is in effect, they are expected to become more straightforward. Overall, Bill C-3 modernizes Canada’s citizenship-by-descent rules, aligning them more closely with residence-based systems used in countries like the United States and reflecting the realities of increasingly mobile families. If you believe your child may have a claim to Canadian citizenship, our firm would be pleased to assist. Contact us to schedule a consultation.