Bill C-3 Changes Canadian Citizenship by Descent Rules — Opening Doors for Americans and Others
After much anticipation following the Ontario Superior Court’s decision in Bjorkquist v. Canada, which struck down the first-generation limit (“FGL”) on citizenship by descent, Parliament has now fundamentally revised Canada’s citizenship regime.
The federal government has reshaped the framework governing citizenship by descent, removing the rigid second-generation cut-off that had excluded thousands of families. The amended law restores Canadian citizenship to many individuals who were previously denied recognition solely because their Canadian parent was also born or adopted outside Canada.
For many families, this opens the door to reclaiming Canadian citizenship — and with it, the mobility rights, passport access, and constitutional protections that follow. It also has many families asking questions around eligibility requirements, and the process to seek Canadian Citizenship under bill C-3.
Since these amendments came into force, our firm has been assisting individuals in confirming their Canadian citizenship. It is important to be precise at the outset: these changes primarily affect confirmation of citizenship, not the grant (naturalization) process. While we assist with both, this discussion focuses on the amended citizenship-by-descent framework, the application process, key considerations, and how such matters should be approached strategically.
The Bjorkquist Litigation
Since 2009, Canadian law imposed a rigid rule: citizenship could generally only be passed down one generation outside of Canada. If a Canadian citizen was born abroad, that person’s child born abroad would not automatically receive Canadian citizenship.
This created what became known as the class of “Lost Canadians” — descendants of Canadian citizens who, through no fault of their own, were cut off from their birthright solely because their Canadian parent had also been born abroad.
On December 19, 2023, the Ontario Superior Court of Justice declared the second-generation cut-off unconstitutional in Bjorkquist et al. v. Attorney General of Canada, the applicants argued that the law discriminated on the basis of national origin by creating a lesser class of Canadian citizens — those who did not have the automatic right to transmit citizenship to their children born abroad. They also argued that the framework violated mobility rights and disproportionately affected first-generation born-abroad women who gave birth outside Canada.
Justice Jasmine T. Akbarali agreed that the impugned provisions violated the Charter. The Court declared the relevant sections of the Citizenship Act to be of no force or effect but suspended the declaration for six months to allow Parliament to amend the law.
On January 22, 2024, the federal government announced it would not appeal. The then Minister of Immigration, Mr. Marc Miller, publicly acknowledged that the law had produced unacceptable consequences and committed to legislative reform.
Bill C-3 is the result of that reform.
The New Framework for Canadian Citizenship By Descent
The most significant change made by Bill C-3 is that Canadian parents born or adopted abroad can now pass on citizenship to their children born or adopted outside Canada — subject to certain forward-looking conditions.
The amended framework addresses several categories of individuals.
Individuals who automatically became Canadian citizens under the new law may apply for proof of Canadian citizenship. These applicants are not seeking a discretionary benefit; they are requesting a citizenship certificate confirming status that exists under the amended Act.
Children adopted abroad before December 15, 2025, by a Canadian parent born or adopted abroad may now qualify under the revised framework.
Children born or adopted abroad on or after December 15, 2025, to a Canadian parent also born or adopted abroad must satisfy the new Substantial Connection Test, discussed below.
Individuals born before December 15, 2025, who automatically became Canadian citizens under the new law and who were never previously granted citizenship — and who now wish to renounce — may do so through a simplified renunciation process.
Because citizenship under this framework is recognized as a legal right once established, there is no deadline to apply for a citizenship certificate.
Book a consultation with our firm today to discuss whether Bill C-3 may make you or a member of your family eligible for Canadian citizenship.
How Far Back Can Citizenship Reach?
The amended framework removes the arbitrary generational cut-off for individuals born before the coming-into-force date. Citizenship may now extend through multiple generations, provided the legal and evidentiary chain is intact.
In practical terms, this means citizenship can reach back to the earliest days of Canada — so long as:
- There is a qualifying Canadian “anchor” ancestor;
- Each generational link is properly documented; and
- No statutory interruption occurred under the law in force at the relevant time.
Generational distance alone does not defeat a claim. Documentation determines outcome.
The Anchor: Establishing “Ground Zero”
Every citizenship by descent case begins with identifying the last person in the lineage who was either born in Canada or properly naturalized before the next generation was born.
This individual is the anchor — sometimes referred to as “ground zero.”
In many American cases, the anchor is a grandparent born in Ontario or Quebec in the early 20th century. In other cases, it is a great-grandparent born in the late 1800s. Occasionally, the anchor may predate Confederation and have been a British subject residing in what later became Canada.
The legal question is whether that individual held Canadian citizenship (or automatically became a Canadian citizen on January 1, 1947 under the first Citizenship Act), and whether that status was capable of transmission under the law in force at the time of the next generation’s birth.
Identifying the anchor is not merely genealogical. It is legal. The status of that ancestor under historical citizenship statutes must be examined carefully.
Building the Unbroken Chain
Once the anchor ancestor is established, the next task is to document each generational link between that individual and the applicant.
Long-form birth certificates are critical because they identify parentage. A short-form birth certificate that lists only the child’s name is typically insufficient. The document must establish the legal connection to the prior generation.
Marriage certificates frequently serve as secondary confirmation. In Quebec in particular, older marriage acts list the parents of both spouses and can function as a corroborating “lock” on lineage, especially where names have changed or spellings vary.
IRCC expects primary evidence where it exists. Certified vital statistics records are the standard. Secondary copies from ancestry databases or genealogy websites are generally insufficient on their own. They may assist in locating original records, but they may not satisfy evidentiary requirements without certified counterparts.
If a birth certificate is unavailable — perhaps because the birth was never registered — alternative documentation may be used. Church baptismal records, census returns, military records, school transcripts, and vaccination records can all contribute to establishing parentage and identity. However, these materials must be assembled coherently and explained clearly. Isolated documents do not carry weight unless they are contextualized within a structured lineage narrative.
The integrity of the chain matters at every step.
Once the anchor ancestor has been identified and the documentary chain is being assembled, the analysis often turns to the historical citizenship law in force at particular moments in time.
Canadian citizenship did not exist as a separate legal status prior to 1947. Before that date, individuals were British subjects. The Canadian Citizenship Act, 1947 — which came into force on January 1, 1947 — created Canadian citizenship as a distinct status and converted certain British subjects into Canadian citizens automatically.
In many cases involving ancestors born before 1947, the question becomes whether that individual — as a British subject connected to Canada — became a Canadian citizen automatically on January 1, 1947. Generally, British subjects who were born in Canada or who were ordinarily resident in Canada on that date acquired Canadian citizenship automatically. Establishing “ordinary residence” is a factual inquiry and may require supporting documentation such as census records, land ownership records, or employment history.
Where an ancestor naturalized in the United States or another country, the timing of that naturalization must also be reviewed carefully. Under the Canadian Citizenship Act, 1947, voluntary acquisition of foreign nationality could, during certain periods, result in loss of Canadian citizenship. The impact depends entirely on the statutory provisions in force at the time of naturalization. The date of naturalization, the voluntariness of the act, and the legal framework then applicable are determinative.
Finally, the record must be examined to confirm whether there was ever a formal renunciation of Canadian citizenship. Loss of citizenship required compliance with the statutory renunciation process in force at the time. Informal declarations, long-term residence abroad, or the mere acquisition of foreign nationality (in periods when automatic loss no longer applied) do not constitute renunciation. A formal, legally recognized renunciation is not common, but it must nonetheless be ruled out through proper review.
These historical questions are not obstacles in most cases. They are analytical checkpoints. A properly prepared file anticipates and addresses them.
Illustrative Examples
A grandparent was born in Canada. A parent was born abroad and was a citizen by descent, but the 2009 first-generation limit prevented that parent from passing citizenship further. The applicant, born abroad, was excluded.
Under Bill C-3, the first-generation limit is removed for those born before the coming-into-force date. Provided there was no statutory interruption — no disqualifying naturalization event under the law in force at the time, no loss of status under the 1947 Act, and no formal renunciation — the parent is treated as having retained citizenship in a manner that allows transmission. The applicant is therefore recognized as a Canadian citizen from birth, subject to proper documentation of the lineage.
This remains true even if the parent never obtained proof of citizenship during their lifetime. The issue is legal status under the statute, not whether paperwork was previously issued.
In more complex cases, citizenship may flow through a great-grandparent or beyond. Where the original Canadian ancestor was born in Canada (or became Canadian automatically in 1947), and each subsequent generation was born abroad, the statute now permits recognition to move sequentially through the lineage. So long as the historical statutory analysis confirms that citizenship was not interrupted at any stage, the absence of a generational ceiling for past births allows recognition to reach the present applicant.
The limiting principle is not generational depth. It is whether the legal transmission and evidentiary chain can be established.
The Substantial Connection Test
For children born or adopted abroad on or after December 15, 2025, where the Canadian parent was also born or adopted abroad, citizenship transmission requires proof of a “substantial connection” to Canada.
Citizens born in Canada or naturalized in Canada continue to pass citizenship automatically to their children born abroad. The substantial connection requirement applies only where citizenship is being transmitted beyond the first generation born abroad.
Demonstrating physical presence typically involves documentary evidence such as tax filings, employment records, school transcripts, residential leases, travel records, or other materials establishing residence and time spent in Canada. The evidence must be cumulative and credible. In cases where records are incomplete, affidavits may supplement but rarely replace documentary proof.
Why Work with an Immigration Lawyer?
Abramovich Immigration Law is a Toronto-based Canadian immigration firm focused exclusively on immigration and refugee law. We assist individuals and families with both routine and complex immigration matters, including multigenerational citizenship by descent cases.
While Bill C-3 expands eligibility, confirming citizenship through ancestry still requires careful legal analysis and extensive documentary proof. Establishing the chain of descent often involves reviewing historical citizenship legislation, resolving inconsistencies in records, and assembling evidence spanning multiple jurisdictions and decades. In more complex cases, we collaborate with a genealogist who can assist with document collection and verification.
Our lawyers approach these applications through a litigation-informed lens — confirming the legal framework, addressing complications such as name changes, adoption, or dual citizenship, and preparing clear, well-supported applications designed to minimize delays.
We offer both flat-fee arrangements and hourly retainers, depending on the complexity of the file. Flat fees are suitable where the evidentiary work is relatively narrow. For more complex historical cases requiring deeper investigation or statutory analysis, hourly retainers allow clients to pay solely for the work performed.
If you believe you may qualify for Canadian citizenship by descent, book a consultation to discuss your case with our team. If you subsequently retain our firm to handle your application, the cost of the consultation will be credited toward our legal fees.
Summary
Bill C-3 fundamentally reshapes Canada’s citizenship by descent framework.
For individuals born before December 15, 2025, the former first-generation limit no longer blocks citizenship transmission. Many people previously excluded because their Canadian parent was also born abroad may now be recognized as Canadian citizens, provided they can establish a qualifying Canadian anchor ancestor and an unbroken evidentiary chain of descent.
This is a confirmation process, not a naturalization application. Eligible individuals apply for a citizenship certificate to document status that exists under the amended Act. There is no deadline to apply.
Citizenship can extend through multiple generations for past births. Generational distance alone is not determinative. The outcome depends on whether the lineage can be proven through reliable documentation and proper legal analysis.
For children born or adopted abroad on or after December 15, 2025, where the Canadian parent was also born abroad, citizenship transmission requires proof of 1,095 days of physical presence in Canada prior to the child’s birth or adoption.
In practice, these cases turn on evidence — and on how that evidence is assembled and presented.
Unsure whether Bill C-3 may make you eligible for Canadian citizenship? Book a consultation with our firm today.
