Canada Extends Citizenship Act Amendment Deadline to January 2026

(Ontario, Canada) Canada’s deadline to amend the Citizenship Act has been pushed back by two months, giving the federal government until January 20, 2026 to fix a law that courts have already found unfair to many Canadians born abroad. The Ontario Superior Court of Justice quietly granted the extension this week, moving the deadline from November 20, 2025 and buying more time for Parliament to pass Bill C-3, which is meant to remove the First-Generation Limit on citizenship by descent.

Why this change matters

The First-Generation Limit, introduced in 2009 reforms to the Citizenship Act, prevents many Canadians who were themselves born outside Canada from passing citizenship to their children if those children are also born abroad. That affects thousands of families.

In a 2023 ruling, the Ontario Superior Court found the limit unconstitutional and gave Ottawa time to change the law. The court originally set a deadline of November 20, 2025 but has now agreed to keep the current rules in place until January 20, 2026, while Bill C-3 completes its path through the Senate and receives Royal Assent.

Court’s reasoning and the extension

The court said it was satisfied that the federal government had made real progress on the file and that there was a reasonable chance the legislation could be in force by the end of 2025, before the new deadline expires. Bill C-3 aims to open the door for more people to claim Canadian citizenship through their parents, even when both parent and child were born outside the country.

However, the extension request was not granted in full. According to court documents, the federal government initially sought to keep the current rules in place until April 2026, citing the time needed for Parliament to pass Bill C-3 and for officials to adjust programs. The judge allowed an extension only until January 20, 2026, describing it as a fair balance between Parliament’s work and the rights of those affected.

What the First-Generation Limit means in practice

Under the First-Generation Limit that Bill C-3 would remove:

• A Canadian born abroad generally cannot pass citizenship to a child also born outside Canada, except under limited exceptions.
• Critics say the rule has:
  • Split families
  • Hurt children who consider themselves fully Canadian
  • Ignored modern global mobility where Canadians frequently live, work, study, or raise families abroad

Legislative status of Bill C-3

• House of Commons: Passed three readings
• Senate: Passed two readings; now under study by a Senate committee
• Next steps:
  1. Senate committee completes detailed study
  2. Committee report returns the bill to the full Senate for a final vote
  3. If passed, the bill receives Royal Assent and becomes law, officially changing the Citizenship Act

If Bill C-3 comes into force before January 20, 2026, the legal case behind the court order will largely be closed because the Act would reflect the rights recognized by the judge.

Interim measures and how families are affected now

Temporary rules introduced by Immigration, Refugees and Citizenship Canada (IRCC) in March 2025 remain active during this period. These interim discretionary measures:

• Allow some people blocked by the First-Generation Limit to apply for citizenship through special grants
• Apply when applicants meet set conditions and can show urgent need
• Prioritize cases involving:
  • The best interests of a child
  • Serious medical issues
  • Significant hardship

According to analysis by VisaVerge.com, the discretionary grants have been a lifeline for some families stuck in legal limbo while Parliament works on the Citizenship Act.

Key resource: People who believe they may qualify under the interim rules can review official guidance on the federal website for Canadian citizenship: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship.html

Legal status and possible next steps after January 2026

• The latest court order keeps the declaration that the First-Generation Limit is unconstitutional formally on hold until January 2026.
• This suspension means the rule stays in effect for now, except where officials make exceptions using the discretionary grant process.
• If the bill stalls or dies, affected families could return to court seeking further remedies after January 20, 2026.

Broader issues and arguments

Advocates for reform argue:

• Children of Canadians should not be treated differently simply because both generations were born outside Canada.
• The First-Generation Limit effectively signals that some Canadians are “less Canadian” than others, despite shared passports, culture, and ties.
• Practical worries include loss of easy access to Canadian schools, health care, and future job opportunities for children not considered citizens from birth.

Officials in Ottawa acknowledge the goal of expanding access to citizenship by descent but emphasize the need for careful drafting to avoid unintended gaps or unfairness elsewhere in the Citizenship Act. That need for balance partly explains the lengthy process since the court’s original decision.

What families should do now

• Monitor the Senate calendar for committee study progress and final vote scheduling on Bill C-3.
• Consider whether you may qualify for an interim discretionary grant and gather supporting documents now.
• Seek legal advice or community-group support if unsure about eligibility or process.

Outlook

The months ahead will determine whether Parliament can finish work on Bill C-3 in time to meet the court’s new deadline and remove the First-Generation Limit from the Citizenship Act. If lawmakers succeed:

• Many children born abroad to Canadian parents will gain a more secure citizenship status from birth.
• Families will no longer depend on temporary grants or case-by-case reviews.

If they fail to meet the deadline, pressure will likely increase on the government to act swiftly so families are not left waiting again while courts and politicians debate the issue.

Final takeaway: The latest extension is a reminder that change is coming, but the fight to reform the Citizenship Act — and to secure rights for Canadians born abroad and their children — is not over yet.