Canada has officially enacted Bill C-3, delivering the most significant reform to citizenship by descent in decades. The new law permanently eliminates the controversial first-generation limit and restores citizenship to thousands of Lost Canadians while introducing a fair, modern framework for future generations.
This historic change comes after the Ontario Superior Court of Justice ruled in December 2023 that the first-generation limit violated section 15 equality rights under the Canadian Charter of Rights and Freedoms. Instead of appealing, the government accepted the decision and fast-tracked permanent legislative fixes through Bill C-3.
The bill received Royal Assent and will come into force on a date to be proclaimed by Order in Council (expected in early mid 2025). Until then, interim discretionary grants under section 5(4) remain available.
What Bill C-3 Actually Changes (Simple Breakdown)
1. Automatic Restoration of Citizenship
Anyone who lost or was denied Canadian citizenship solely because of the old first-generation limit (or pre-2009/pre-2015 discriminatory provisions) will become a citizen automatically on the date the law comes into force — no application required in most casses.
This includes:
- Children born abroad to a Canadian parent who was also born abroad (post-1977 cases)
- Lost Canadians affected by outdated retention rules (section 8) or other historical inequities
- Individuals already identified by previous court decisions as unfairly excluded
2. New Rule for Future Children Born/Adopted Abroad
The harash first-generation cut-off is gone forever.
Going forward, a Canadian parent born or adopted outside Canada can pass citizenship to their own child born/adopted abroad if they demonstrate a substantial connection to canada.
While IRCC will publish the exact criteria, current indications strongly suggest the threshold will be at least 1,095 days (3 years) of physical presence in Canada before the child’s birth or adoption the same standard already used successfully in discretionary grants since 2024.
Who Becomes a Canadian Citizen Automatically?
If you where born before the coming-into-force date and would have been a citizen except for:
- the first-generation limit, or
- old rules that caused loss of citizenship (e.g., section 8 retention requirements before 2009),
You will wake up one morning as a Canadian citizen no forms, no fees, no oath required in most casses.
IRCC will publish detailed guidance and a public list of affected groups once the proclamation date is set.
What Happens After Bill C-3 Takes Effect?
The unpredictable era of Will my child be Canadian? ends.
A Canadian citizen born abroad who has lived in Canada for at least three years (1,095 days) can confidently pass citizenship to their children born anywhere in the world no matter how many generations removed.
This balanced approach respects modern global families while preserving a genuine link to canada.
Current Status: Interim Measures Still in Place
Untill Bill C-3 is officially proclaimed:
- The first-generation limit remains suspended
- Affected individuals can continue applying for discretionary citizenship grants under section 5(4)
- Processing time is currently running 6–12 months
- Success rate for eligible cases is extremely high (over 95% in 2024)
Official government of Canada update on the new citizenship by descent measures: https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/supplementary-equality-rights-citizenship-born-abroad.html
Frequently Asked Questions Bill C-3 & Citizenship by Descent
Q: When exactly does Bill C-3 come into force?
A: On a date chosen by Order in Council. IRCC has indicated early–mid 2025 is the target. Watch the Canada Gazette and IRCC’s website for the official proclamation.
Q: Do I need to apply if I qualify for automatic citizenship?
A: No — in most cases citizenship is granted by operation of law. However, you will eventually be able to apply for a citizenship certificate to get your proof.
Q: What is the substantial connection requirement for future generations?
A: Expected to be 1,095 cumulative days of physical presence in Canada by the parent before the child’s birth/adoption. Final details will be confirmed by regulation.
Q: Can I still use the section 5(4) discretionary grant process now?
A: Yes — and it remains the fastest way for many families right now. Applications submitted today are being approved within months.
Q: Will my children born after the law comes into force get citizenship automatically if I meet the 1,095-day rule?
A: Yes direct citizenship registration (Form CIT 0001) will be available immediately with no discretion involved.
Canada’s citizenship by descent rules are finally entering the 21st century. Bill C-3 ends decades of injustice for Lost Canadians and gives internationally mobile families predictable, fair rules for generations to come.
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