Bill C-3 changes citizenship by descent

by Michael Scott

Citizenship by birth rights is not suddenly in question in Canada. Children born in Canada are automatically Canadian citizens regardless of their parent’s citizenship. This “right of the soil” or “jus soli” is not in doubt. The current government has however moved under the current Bill C-3 to amend the Citizenship Act in 2025 to address some confusion over the grant of citizenship to a child born or adopted outside of Canada by descent. Descent refers to a process where applicants born outside of Canada can acquire Canadian citizenship if they have at least one parent who is a Canadian citizen. Previously, there was a “first generation limit” on citizenship by descent. At least one parent of the child born outside of Canada would have to been born or naturalized inside Canada before the birth or adoption of the child outside of the country.

The limitations placed on children born abroad to “first generation” parents has been replaced in 2025. The change affects parents who are born inside Canada or naturalized in Canada before the foreign birth of their child. The “first generation limit” has been replaced by a “substantial connection to Canada” for citizenship by descent beyond the first-generation limit. 

Effective June 5, 2025, Canada has changed the Citizenship Act to introduce legislation to extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship. Bill C-3 will give Canadian citizenship to any person who would otherwise be denied by first-generation limits or outdated restrictions from previous citizenship legislation. The change introduces a new framework that places value on the Canadian parent’s substantial connections to Canada demonstrated by three years residence inside Canada or 1,095 cumulative days of physical presence prior to their child’s birth or adoption.

The first Canadian Citizenship Act was passed in 1947 and contained several now outdated provisions that caused many people to lose their citizenship. Legislative changes in 2009 and 2015 restored or gave citizenship to the vast majority of “Lost Canadians” who either lost their citizenship or never received it. Approximately 20,000 people became citizens because of the changes. Under the former Section 8 of the Citizenship Act some lost their citizenship at age 28. The past changes have now been superseded by Bill C-3, which clarifies citizenship by descent.

Once Bill C-3 is passed by a vote in both Houses of Parliament and receives royal assent, the government will move quickly to bring the changes into operation and provide more updated information for eligible individuals. The Honourable Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship, proudly announced the changes.

“Citizenship is more than a legal status – it’s a profound connection to the values, history, and spirit of Canada. By requiring those who pass citizenship to their children born abroad beyond the first generation to have a substantial connection to our country we are honouring that bond. It reflects our belief that being Canadian means more than just a place of birth; it’s about belonging, shared experiences, and a commitment to the inclusive and diverse community we all call home.” 

There is no time like the present for the government to address the shortcomings of Canadian citizenship by descent and to announce the value of being fully Canadian by recognizing those who have made a substantial contribution to our country. You can be born abroad and yet qualify for citizenship by descent. God bless Canada in the face of those who would devalue our country. We stand strong and free.

Michael Scott is a Regulated Canadian Immigration Consultant (RCIC, R525678) who has 30 years of experience with Immigration Canada and the Manitoba Provincial Nominee Program. He currently works as a licensed consultant with Immigration Connexion International Ltd. Contact him at 204-691-1166 or 204-227-0292. E-mail: mscott.ici@gmail.com.