Canada Proposes Historic Changes to Citizenship by Descent Rules

Jun 9, 2025
3 min read

June 5, 2025 – The Canadian government unveiled groundbreaking legislation to modernize how citizenship passes to children born abroad. Bill C-3, introduced by Immigration Minister Lena Metlege Diab, would abolish controversial restrictions that have prevented many families from maintaining multigenerational ties to Canada.

Why Canada Is Changing Its Citizenship Laws

For over 15 years, Canada enforced a "first-generation cutoff" preventing citizens born outside the country from automatically passing citizenship to their foreign-born children. This policy created two classes of Canadians:

Those born in Canada: Could always pass citizenship to children
Those born abroad: Lost this right after one generation

The system faced mounting legal challenges, culminating in a December 2023 Ontario court ruling declaring the restrictions unconstitutional. Rather than appeal, the government opted for reform.

Key Reforms in Bill C-3

1. The New "Canadian Connection" Requirement

Instead of an absolute cutoff, the bill introduces a physical presence test:

Parents born abroad must prove 3+ years (1,095 days) of residence in Canada
Applies to both biological and adopted children
Days can be accumulated at any time before the child's birth/adoption

Example: A Canadian engineer born in Dubai could pass citizenship to her London-born child if she previously lived in Toronto for three years.

2. Fixing Past Injustices

The legislation addresses three historical issues:

"Lost Canadians" – Those denied citizenship under outdated laws (pre-2009)
"Retention Rule" victims – People who lost status for not reaffirming citizenship by age 28
Adoption barriers – Families previously forced through immigration processes

3. Automatic Status Correction

An estimated tens of thousands will gain citizenship without applying, including:

Children of Canadian military/service personnel stationed abroad
Families affected by mid-20th century legal gaps
Descendants of women who lost status through marriage

What Happens Next?

Parliamentary Process

The bill must pass through:

House of Commons debates (expected fall 2025)
Senate review (potential amendments)
Royal Assent (target: early 2026)

Political Context: Similar legislation (Bill C-71) died when Parliament paused in 2024. The current minority government will need opposition support.

Immediate Options for Families

While awaiting the law's passage, IRCC offers two pathways:

Urgent 5(4) grants – For children born after Dec 19, 2023 if parents meet residence test
Historical claims – For pre-2023 cases under old rules

Pro Tip: The official IRCC portal now has a citizenship eligibility tool to help families assess their status.

Controversies and Considerations

While broadly praised, the reforms raise questions:

"Citizenship tourism" risks – Could people exploit the 3-year rule?
Documentation challenges – Proving decades-old residence may be difficult
Dual citizenship impacts – Some countries restrict multiple nationalities

As noted in our analysis of Ontario's 2025 immigration reforms, policy changes often create unexpected ripple effects.

Expert Recommendations

Keep records – Save school transcripts, tax filings, or leases to prove residence
Monitor timelines – The 1,095 days need not be consecutive
Consult professionals – Especially for complex adoption or historical cases

Minister Diab's statement: "This isn't just about legal technicalities—it's about ensuring no child grows up feeling less Canadian because of where they were born."