New Legislation to Grant Canadian Citizenship to Descendants

Recent legislative changes are set to benefit thousands of children of Canadians by granting them citizenship.

Bill C-3, known as An Act to amend the Citizenship Act (2025), has successfully passed through the Senate and is awaiting royal assent to become law.

The bill addresses the issue of the first-generation limit to citizenship by descent in Canada. Currently, children born or adopted outside Canada to Canadian parents face restrictions on inheriting Canadian citizenship beyond the first generation.

Upon enactment, Bill C-3 will restore citizenship to those impacted by this limitation, commonly referred to as the first-generation limit (FGL).

Furthermore, the new legislation introduces an exception to the FGL for future cases. Children of Canadian citizens by descent will be eligible to inherit citizenship at birth or adoption if their Canadian parent meets a substantial connection to Canada requirement, which involves having spent a minimum of 1,095 days in Canada prior to the child’s birth or adoption.

Following royal assent, the bill will come into effect on a date determined by the Governor General.

The amendments brought by Bill C-3 have been long-awaited. The FGL was deemed unconstitutional by the Ontario Superior Court of Justice in December 2023, prompting the government to make necessary changes to the Citizenship Act.

During the bill’s progression through the Senate, a proposed amendment for a stricter version of the substantial connection to Canada test was rejected. The initial proposal aimed to require the Canadian parent to have accumulated 1,095 days of physical presence within a five-year period.