Bill C-3 – Amending the Citizenship Act of Canada

Bill C-3 amends the Citizenship Act of Canada to repeal the First-Generation Limit, restore citizenship to “Lost Canadians” and allow citizenship to be passed on across generations where the Canadian parent has a substantial connection to the country.

Background

The Citizenship Act of Canada provides for a First-Generation Limit on citizenship by descent for individuals born abroad, meaning that a Canadian citizen parent may pass citizenship on to a child born outside Canada only where that parent was born or naturalised in Canada before the child’s birth. A Canadian citizen born or naturalised in Canada before adopting a child abroad may apply for a direct grant of citizenship for the adopted child.

Because of the First-Generation Limit, in general, a Canadian citizen born outside Canada who received citizenship by descent cannot pass citizenship on to a child born outside Canada, and cannot apply for a direct grant of citizenship for a child adopted abroad.

On 19 December 2023, the Ontario Superior Court of Justice declared the main provisions of the First-Generation Limit for those born abroad unconstitutional. The Government of Canada did not appeal the ruling because we agree that the current law has unacceptable consequences for Canadian citizens with children born outside the country.

The government is introducing legislation to make the citizenship process as fair and transparent as possible. Bill C-3 will

• Automatically remedy the status of any person who would today be a citizen were it not for the First-Generation Limit or certain outdated provisions of the former citizenship legislation
• Establish a new framework for citizenship by descent in future, allowing access to citizenship beyond the first generation on the basis of the Canadian parent’s substantial connection to Canada

An interim measure will continue to apply to those affected by the First-Generation Limit while the two houses of Parliament consider the amendments to the Citizenship Act. More detailed information on the interim measure is available onwebsiteofImmigration, Refugees and Citizenship Canada (IRCC).

The substantial connection test

Bill C-3 will allow Canadian parents born abroad who have a substantial connection to Canada to pass citizenship on to children born abroad beyond the first generation. This also gives them access to a direct grant of citizenship for children adopted abroad beyond the first generation.
To demonstrate a substantial connection to Canada, a Canadian parent born abroad needs a total of 1,095 days (that is, three years) of physical presence in Canada before the child is born or adopted.

Lost Canadians

The term “Lost Canadians” is commonly used to refer to those who lost, or never had, citizenship because of certain outdated provisions of the former citizenship legislation.

Most cases were remedied by the legislative amendments of 2009 and 2015. Those amendments allowed people to acquire Canadian citizenship or to regain lost citizenship. Even so, further amendments are needed to cover the remaining groups of “Lost Canadians” and their descendants who did not benefit from the 2009 and 2015 changes.

Bill C-3 will restore citizenship to the remaining “Lost Canadians”, their descendants and anyone born abroad to a Canadian parent in the second or a later generation before the legislation takes effect. This includes those who lost citizenship because of the requirements under the former section 8 of the Citizenship Act.