Are You Eligible for Canadian Citizenship Under the New Bill C-3?

Bill C-3 is a landmark amendment to Canada’s Citizenship Act, introduced in response to a constitutional challenge against the “first-generation limit” on citizenship by descent. This limit, implemented in 2009, restricted Canadian citizenship transmission abroad to only the first generation born outside Canada. The Ontario Superior Court of Justice ruled this restriction unconstitutional in December 2023, prompting the federal government to reform citizenship rules to better reflect today’s global realities.

What Is Bill C-3 and Why Was It Introduced?

The government’s motivation behind Bill C-3 is rooted in fairness and inclusivity. Families with Canadian roots living overseas often faced complex challenges in maintaining citizenship for their children born abroad. Bill C-3 aims to correct this by allowing more Canadians abroad and their descendants to retain citizenship, preserving ties to their home country and Canadian identity.

Understanding the First-Generation Limit on Citizenship by Descent

Before Bill C-3, Canadian citizenship by descent was limited by what is called the “first-generation limit.” This rule, introduced in 2009, meant that only children born outside Canada to Canadian parents who themselves were born or naturalized in Canada could automatically claim citizenship. For example, if a Canadian citizen born abroad had children outside Canada, those children would not be eligible for Canadian citizenship.

This restriction affected countless families, especially those who had emigrated and built lives overseas. Many Canadian expatriates found their grandchildren unable to claim citizenship, which created a legal and emotional divide within families. Critics called this rule unfair and inconsistent with Canada’s values of inclusivity and support for its diaspora.

Key Changes Brought by Bill C-3

Bill C-3 introduces two major changes to address these concerns:

1. Automatic Restoration of Citizenship: People who lost or were denied Canadian citizenship solely because of the first-generation limit or outdated provisions from previous laws will now have their citizenship automatically restored. This is a significant step to undo past injustices without requiring lengthy individual applications.
2. Expanded Citizenship by Descent: The bill broadens eligibility beyond the first generation by allowing children born or adopted abroad to acquire Canadian citizenship if at least one parent has a substantial physical presence in Canada. Specifically, the parent must have lived in Canada for at least 1,095 days (three years) before the child’s birth or adoption. This “physical presence” requirement ensures that there is a meaningful connection to Canada, while still extending citizenship rights beyond the previous limit.

These changes will apply retroactively, meaning that those previously affected by the first-generation limit may benefit immediately upon the bill’s enactment.

Who Qualifies for Citizenship Under Bill C-3?

Eligibility under Bill C-3 centers on the physical presence condition of the Canadian parent:

• If a child is born or adopted abroad to a Canadian parent who has lived in Canada for a minimum of three years cumulatively before the child’s birth or adoption, that child will be eligible for Canadian citizenship by descent.
• This applies regardless of whether the parent was born in Canada or obtained citizenship through naturalization.
• Importantly, the bill covers both biological and adopted children, ensuring inclusivity across family types.
• For those affected by the old law, citizenship will be restored automatically, removing barriers for those who lost citizenship in previous generations.

This approach respects Canada’s global diaspora and helps maintain family unity by keeping citizenship opportunities open to a wider population.

Also Read: Is Ontario Making It Harder to Get Permanent Residency in 2025?

How to Apply for Citizenship if You Qualify Under Bill C-3

For individuals qualifying under Bill C-3, the application process will generally follow these steps:

1. Gather Required Documents: Proof of Canadian citizenship of the parent(s), evidence of physical presence in Canada for the required period, the child’s birth or adoption certificate, and identification documents.
2. Submit Application: Applications will be processed by Immigration, Refugees and Citizenship Canada (IRCC). Those whose citizenship is restored automatically may need to follow instructions from IRCC on formalizing their status.
3. Pay Fees: Citizenship application fees apply, though specific details for Bill C-3 applicants will be outlined by IRCC upon implementation.
4. Processing Time: While timelines can vary, expect processing similar to other citizenship applications—generally a few months, depending on case volume.
5. Receive Citizenship Confirmation: Once approved, applicants receive a citizenship certificate as proof.
   

Applicants should monitor official IRCC updates to ensure compliance with new procedures and requirements once Bill C-3 comes into force.

What Bill C-3 Means for Canadian Families Worldwide

Beyond legal technicalities, Bill C-3 carries immense social and emotional significance. It reaffirms Canada’s commitment to its diaspora by:

• Preserving Family Connections: Allowing future generations to retain Canadian citizenship strengthens family ties and cultural identity.
• Restoring Justice: Those who lost citizenship due to prior restrictive rules regain their rightful status without arduous legal battles.
• Encouraging Global Engagement: Canadian citizens abroad can feel more connected and supported by their home country, fostering positive international relations.
• Reflecting Canadian Values: Inclusivity, fairness, and respect for diverse family structures are embodied in this reform.

For many Canadian families spread across the world, Bill C-3 offers a hopeful and unifying message.

Next Steps: When Will Bill C-3 Take Effect?

Bill C-3 is currently progressing through the legislative process. After passing Parliament, it requires Royal Assent to become law, which is anticipated in 2025. The government has signaled a commitment to implementing the changes promptly once enacted.

Once in force, IRCC will update application procedures and guide those eligible. Canadians abroad and their families are encouraged to stay informed through official government channels and prepare necessary documentation in advance.

Conclusion

Bill C-3 is set to transform Canadian citizenship by descent, making it more inclusive and reflective of modern global realities. If you or your family members have been affected by previous restrictions, this bill could restore or grant Canadian citizenship, opening doors to rights, opportunities, and connection to Canada in 2025 and beyond.