Bill C-3 Citizenship Act: First-Generation Limit Removed — Complete Guide
Bill C-3, An Act to amend the Citizenship Act (2025), received Royal Assent on November 20, 2025 and came into force on December 15, 2025. The legislation removes Canada’s first-generation limit on citizenship by descent and creates a substantial-connection test for parents born or adopted abroad who wish to pass citizenship on to a child born or adopted outside Canada. For many families — including those long known as “Lost Canadians” — the change restores a right the previous rules had cut off in 2009.
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Contact Us →Written and reviewed by Dimple Verma, RCIC-IRB (R708308), Director, VG Immigration Services Inc. Last reviewed: September 11, 2026.
What Bill C-3 changes
Before December 15, 2025, Canada’s Citizenship Act limited citizenship by descent to the first generation born outside Canada. A Canadian parent born or naturalized in Canada could pass citizenship on to a child born abroad, but that child (the first generation born abroad) could not pass it on to their own child born abroad (the second generation).
Bill C-3 removes this limit in two ways, as summarized on IRCC’s official Bill C-3 comes into effect news release and the Change to citizenship rules in 2025 page:
- Retroactive restoration. People who would have been Canadian citizens if not for the first-generation limit or other outdated rules of past legislation are recognized as citizens automatically, going back to their date of birth.
- Substantial-connection test going forward. A Canadian parent born or adopted abroad can pass citizenship on to a child born or adopted outside Canada on or after December 15, 2025, provided the parent can demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada at any time before the child’s birth or adoption.
Legal basis
The full text of Bill C-3 as passed is available on Parliament of Canada’s Royal Assent page. The Library of Parliament’s Legislative Summary (Publication 45-1-C3-E) explains the drafting history. The Charter Statement is on the Department of Justice site at justice.gc.ca — Bill C-3. The bill responds to Bjorkquist v. Canada (2023 ONSC 7152), where the Ontario Superior Court held that the first-generation limit was unconstitutional.
Who becomes a citizen automatically
IRCC’s official guidance explains that most people affected are automatically Canadian citizens as of December 15, 2025 if they were:
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- Born before December 15, 2025;
- Born outside Canada; and
- Born to a Canadian parent — even if that parent was also born or adopted abroad in the second generation or later.
People in this group can apply for proof of Canadian citizenship (form CIT 0001) as of December 15, 2025. Automatic citizenship applies retroactively — the person has been a Canadian citizen from birth, not just from December 15, 2025.
How the substantial-connection test works going forward
For a child born or adopted outside Canada on or after December 15, 2025 to a Canadian parent who was also born or adopted abroad, the Canadian parent must demonstrate at least 1,095 days (three years) of cumulative physical presence in Canada at any time before the child’s birth or adoption. The 1,095 days do not need to be continuous.
Days that count include physical presence as a permanent resident, as a Canadian citizen, or (in some cases) as a temporary resident under specific criteria. The applicant is responsible for providing evidence — travel history, tax records, school and employment records, and any other documentation of days spent in Canada.
Lost Canadians and adopted children
Bill C-3 also addresses two other groups:
- “Lost Canadians” — people who lost citizenship under the former section 8 of the Citizenship Act (the age-28 retention rule repealed in 2009) or under older rules that operated before 1977. Many of these individuals are automatically restored to citizenship as of December 15, 2025.
- Adopted children — people adopted abroad before December 15, 2025 by a Canadian parent born or adopted abroad can now apply for Canadian citizenship under section 5.1 of the Act. For adoptions on or after December 15, 2025, the substantial-connection test applies to the adoptive parent.
Renunciation option
Some people born before December 15, 2025 who automatically became Canadian citizens under the new law — and who never held Canadian citizenship until December 15, 2025 — may wish to renounce it (for example, to preserve citizenship in another country that prohibits dual nationality). IRCC has established a simplified renunciation process for this group, detailed on the official IRCC announcement.
Frequently asked questions
My grandfather was born in Canada. My father was born abroad. I was born abroad. Am I now a Canadian citizen?
If you were born before December 15, 2025 outside Canada to a Canadian parent (your father, who inherited citizenship from your Canadian-born grandfather), you likely became a Canadian citizen automatically under Bill C-3 — regardless of the first-generation limit that previously excluded you. Apply for proof of Canadian citizenship (form CIT 0001) to obtain a citizenship certificate.
My child was born abroad in 2026 to me (a Canadian citizen born in Canada). Does the substantial-connection test apply?
No. The substantial-connection test only applies where the Canadian parent was born or adopted abroad. A Canadian parent born or naturalized in Canada can pass citizenship to a child born abroad without needing to demonstrate the 1,095-day requirement.
How do I count the 1,095 days for the substantial-connection test?
The days must total 1,095 (three years) of physical presence in Canada at any time before the child’s birth or adoption. They do not need to be continuous. Applicants should assemble documentation such as passport stamps, entry-exit records, Canada Revenue Agency tax records, employment records, school transcripts, medical records, and lease or property records to prove the days claimed.
Do I lose my citizenship in another country if I claim Canadian citizenship under Bill C-3?
Canadian law permits dual citizenship. Whether your other country allows dual nationality is a matter of that country’s law — some jurisdictions require you to renounce foreign citizenship or notify authorities. Consult a legal advisor in the other country before claiming.
How long does an application for proof of Canadian citizenship take?
Processing times vary. Check the official IRCC processing times tool for the current estimate for “Proof of Canadian citizenship (citizenship certificate).”
Book a Consultation
Citizenship by descent files often turn on documentation — the chain of birth, marriage, naturalization, and physical-presence evidence must be complete and consistent before IRCC will issue a proof of citizenship. If you believe Bill C-3 restores or grants your citizenship, or if you need help proving the 1,095 days for a child born abroad, Book a Consultation with Dimple Verma, RCIC-IRB (R708308), Director of VG Immigration Services Inc.
