Bill C-3 Now in Effect: What This Means for Canadians Seeking Proof of Citizenship
- Battista Migration Law Group
- 3 minutes ago
- 4 min read
Remember the major ruling from December 2023 that struck down Canada’s “first-generation limit” on citizenship by descent? Or our update in January 2024, when the government announced it would not appeal that decision? The story has taken the next critical step forward. Bill C-3 – An Act to amend the Citizenship Act (granting citizenship to certain Canadians), has come into force as of Monday, December 15, 2025. What does this mean for those seeking citizenship by decent now?
Background: The Fall of the First-Generation Limit
For years, a legal shadow hung over countless Canadian families spread across the globe. The “first-generation limit” was introduced in 2009 as part of amendments to the Citizenship Act.[1] In practical terms, the “first‑generation limit” meant that if you were born outside Canada to a Canadian who was also born outside Canada, you generally could not automatically inherit citizenship.[2] This legislation was challenged for violating section 15(1) of the Canadian Charter of Rights and Freedoms and determined to be unconstitutional – making way for new rules presented in Bill C-3.
Lost Canadians and Automatic Citizenship
Now that Bill C-3 is in force, it is expected to restore or grant citizenship to a large group of “Lost Canadians” who were excluded by the old rules. The intention is to correct the situation where families with strong ties to Canada found themselves unable to pass on citizenship simply because a previous generation had also lived abroad.[3]
Some commentators note that for those born before December 15, 2025, there does not appear to be a strict generational cap in the current drafting, if the person can prove descent from a Canadian citizen. This makes proper documentation of family links crucial, especially for multigenerational families who have lived and worked around the world while maintaining a genuine connection to Canada.[4],[5]
First-generation Canadians born abroad to a Canadian-born parent are not negatively affected; they remain automatic citizens under the existing rules.
The New 1,095‑Day “Substantial Connection” Rule
For children born outside Canada after December 15, 2025, there will be a new condition for citizenship by descent. The Canadian parent will have to meet a “substantial connection to Canada” test, defined as 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption.
That 1,095‑day threshold mirrors the physical presence requirement for naturalization and is widely expected to be cumulative, not consecutive, based on legislative commentary and expert submissions to Parliament. Some policy discussions suggest further refinement that the 1,095 days might need to fall within a defined multi-year period, but those details will only be clear once the regulations and operational guidance are finalized.[6],[7]
This residency requirement applies to the parent, not the child; if the parent satisfies it, the child can receive citizenship by descent, regardless of where the child has lived.[8]
What Families Should Do Now
With so many moving pieces, the practical steps matter more than the legislative jargon. In the current environment, here are a few things to consider:
Reviewing eligibility now: If you or your child were previously refused citizenship because both you and your Canadian parent were born outside Canada, it is worth revisiting to see if you are eligible under the new rules.
Start building a record of the Canadian parents’ physical presence in Canada—so you are ready when the 1,095-day test is applied for future births abroad.
All applications submitted under the interim measures will be processed using the new rules.
For many “Lost Canadians,” Bill C‑3 is not just a technical fix but a recognition that citizenship is about more than where you were born -- it is about connection, identity, and belonging.
How Our Firm Can Help During the Transition
Over the last year, we have been working with clients to submit applications under the interim measures, and we are looking forward to helping more people establish their Canadian citizenship. If you are looking for clarifications with respect to the new rules, would like advise on supporting evidence to meet the “substantial connection” test, or would like assistance with assembling your application package, we are here to help.
If you think you, your child, or your grandchild may benefit from Bill C-3, or if you were previously told you did not qualify for Canadian citizenship because of the first-generation limit, now is the time to revisit that advice.
Our firm has been closely monitoring the implementation of these new rules and IRCC’s operational instructions, and we are ready to guide you through this changing landscape with Bill C-3 now in effect.
Contact us by emailing Kate@MigrationLawGroup.com or by calling 416-203-2899 ext. 30.
[1] Citizenship Act, R.S.C. 1985, c. C-29.
[2] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/soci-dec-5-2024/bjorkquist-et-al-first-generation-limit-interim-measure.html
[3] Derek Shank, Parliament passes bill to grant citizenship to lost Canadians, CIC news, (Nov 19, 2025); Senate of Canada, Bill to Amend--Second Reading, Parliament of Canada (Nov 06, 2025), available at: https://sencanada.ca/en/senators/coyle-mary/interventions/676147/29
[4] https://www.cicnews.com/2025/11/parliament-passes-bill-to-grant-citizenship-to-lost-canadians-1162288.html
[6] https://www.cicnews.com/2025/11/parliament-passes-bill-to-grant-citizenship-to-lost-canadians-1162288.html