Extension of the deadline to amend the Citizenship Act of Canada to January 2026

The federal government will once again fail to complete the amendment of the country’s Citizenship Act within the set deadline.

The Ontario Superior Court of Justice has extended the deadline for passing Bill C-3 by two months. Bill C-3 aims to repeal the First Generation Limit (FGL) on Canadian citizenship, which was declared unconstitutional by the Ontario Superior Court of Justice in 2023.

The previous deadline of 20 November 2025 has been extended to 20 January 2026.

The passage of Bill C-3 will expand the ability of Canadian citizens born abroad to pass citizenship to their children born outside Canada.

Bill C-3 could be enacted before the extended deadline

Based on the current progress of Bill C-3 in receiving Royal Assent and becoming Canadian law, it is entirely possible that this act will officially come into force even before the January 2026 deadline.

In the ruling extending the deadline, Justice Akbarali noted that the government “has made significant progress in its efforts to enact replacement legislation”, even noting that “there is a reasonable expectation that the replacement legislation could be in force by the end of 2025”.

Bill C-3, An Act to amend the Citizenship Act, has passed three readings in the Canadian House of Commons and two additional readings in the Senate. A total of six readings (between the House of Commons and the Senate) plus a committee stage are required to receive Royal Assent.

At the time of writing, the bill is at the Standing Committee on Social Affairs, Science and Technology (SOCI), which will have the opportunity to amend the bill if deemed necessary.

Assuming no amendments in the Senate and the bill passes both houses of parliament without further changes, it will receive Royal Assent and officially become law in Canada.

Interim measures

With the deadline extension, the federal government’s interim measures will continue to apply, allowing those affected by the First Generation Limit to obtain Canadian citizenship before Bill C-3 officially comes into force.

The interim measures announced in March 2025 aim to help those affected by the First Generation Limit to obtain Canadian citizenship through applying for citizenship by special grant.

This includes those in the following groups:

• Situation 1: Persons born or adopted before 19 December 2023, affected by the first generation limit.
• Situation 2: Individuals born or adopted on or after 19 December 2023, provided their Canadian parent meets the proposed substantial connection criteria to Canada.
• Situation 3: Certain individuals born before 1 April 1949 who are affected by the first-generation limit.
• Situation 4: Individuals who lost their citizenship for failing to meet retention requirements under the former section 8 of the Citizenship Act.

If an individual is affected by the first-generation limit, they may apply for Canadian citizenship by requesting a certificate of Canadian citizenship (or proof of citizenship).

Upon submission, Immigration, Refugees and Citizenship Canada (IRCC) the application will be reviewed to determine if the individual is eligible for Canadian citizenship under the temporary measures. Individuals may also request urgent processing of their citizenship application.

It should be noted that these temporary measures remain in effect only until the new bill receives Royal Assent.

Will the federal government meet the new deadline?

The newly announced extension marks the fourth time the federal government has missed the deadline to amend the Citizenship Act.

Although it is impossible to state with certainty whether the government will meet this latest deadline, there are key factors that make this extension positively different from previous ones.

In addition to the legislative progress Bill C-3 has made in Parliament as noted, the most recent extension request is the first time the federal government has adjusted its proposed extension date.

Initially, the government requested an extension until 22 April 2026. However, following further discussions with the Ontario Superior Court of Justice, they shortened the requested deadline to 20 January 2026.

Impact of passing Bill C-3

The passage of the bill will allow citizenship by descent in Canada to be passed down through multiple generations (provided that substantial connection criteria are met when necessary).

During the 17 November meeting of the Standing Committee on Social Affairs, Science and Technology (SOCI), Minister of Immigration Diab stated that based on the government’s existing evidence, they expect the number of citizenship applications under Bill C-3 to be in the “tens of thousands over time, not hundreds of thousands.”

The Minister further noted that the majority of those affected by the bill will be children.

What is Bill C-3?

Bill C-3 introduced on 5 June 2025 to address issues caused by the first-generation limit in the Citizenship Act.

Under the first-generation limit (introduced in 2009), children born abroad to Canadian parents who were also born abroad (acquiring citizenship by descent) do not automatically receive Canadian citizenship by descent.

On 19 December 2023, the Ontario Superior Court of Justice ruled the first-generation limit unconstitutional as it created a second class of citizens and violated mobility rights under the Canadian Charter of Rights and Freedoms. The Court gave the federal government an initial six-month deadline to amend the law.

The federal government subsequently introduced Bill C-71 (Citizenship Act Amendment Act 2024). Bill C-71 was extended multiple times but was ultimately cancelled when Parliament prorogued in March 2025.

Bill C-3 was subsequently introduced as a replacement.