Author: Azadeh Haidari-Garmash, RCIC
Expanding Citizenship Horizons
Bill C-3 aims to make Canadian citizenship more inclusive for those born abroad
On This Page You Will Find:
- Overview of Bill C-3 and its objectives
- Impact on Canadians born abroad
- Details on the "Lost Canadians" issue
- Proposed reforms and their implications
Summary:
Bill C-3, announced by the Canadian government, seeks to amend the Citizenship Act to address barriers faced by Canadians born abroad and to restore citizenship rights to "Lost Canadians." The bill aims to eliminate the first-generation limit and introduce a new framework for granting citizenship by descent. This legislative move seeks to uphold fairness and inclusivity in Canadian citizenship laws.
In a significant stride towards enhancing inclusivity and fairness in Canadian citizenship laws, the federal government has introduced Bill C-3: An Act to Amend the Citizenship Act (2025). This landmark legislation, unveiled by the Honourable Lena Metlege Diab, Minister of Immigration, Refugees, and Citizenship, aims to rectify long-standing issues that have disproportionately affected Canadians born abroad. The bill seeks to eliminate the controversial first-generation limit on citizenship by descent, a policy that has created barriers for children born to Canadian parents outside Canada.
A New Era of Inclusivity
The current Citizenship Act restricts Canadian citizens born outside Canada from passing on their citizenship to children born abroad unless the Canadian parent was either born or naturalized in Canada before the child's birth. This provision has led to complex challenges for families, often resulting in children being ineligible for citizenship. The new bill proposes to dismantle these barriers, offering a more inclusive approach to citizenship by descent.
The Ontario Superior Court of Justice brought this issue to the forefront in December 2023 when it ruled that key elements of the first-generation limit were unconstitutional. In response, the federal government opted not to appeal, acknowledging the provision's detrimental impact on many Canadians.
Key Proposals in Bill C-3
Bill C-3 introduces several critical reforms to address these inequities:
- Automatic Restoration of Citizenship: Individuals affected by the first-generation limit or outdated citizenship laws will have their citizenship automatically restored.
- Substantial Connection Test: A new framework for granting citizenship by descent will require demonstrating a "substantial connection" to Canada.
- Eligibility for Adopted Children: Children adopted abroad by Canadian parents born outside the country will be eligible for citizenship if their parents meet the substantial connection criteria.
- Substantial Connection Criteria: To establish a substantial connection, Canadian parents born abroad must prove a cumulative 1,095 days (three years) of physical presence in Canada prior to the child's birth or adoption.
Addressing the "Lost Canadians"
The bill also seeks to resolve issues surrounding "Lost Canadians"—individuals who lost or were denied citizenship due to outdated legal provisions. While legislative changes in 2009 and 2015 addressed many cases, Bill C-3 aims to extend coverage to remaining "Lost Canadians" and their descendants. This includes those impacted by former section 8, which mandated certain individuals to apply to retain citizenship by age 28 or risk losing it.
A Step Towards Fairness
By addressing these gaps, Bill C-3 promises to restore citizenship to those affected by historical technicalities and emphasizes Canada's commitment to equitable rights for all citizens, irrespective of birthplace. The legislation acknowledges the importance of genuine connection and belonging, ensuring that Canadian identity transcends geographical boundaries.
In the interim, a temporary measure is in place to assist individuals currently affected by the first-generation limit, with details available on the Immigration, Refugees and Citizenship Canada (IRCC) website.
References
- Government of Canada - Bill C-3 Announcement
- Ontario Superior Court of Justice Ruling
- Immigration, Refugees and Citizenship Canada (IRCC) - Temporary Measures
- Citizenship Act Amendments - Historical Context
- Minister Lena Metlege Diab - Official Statements
