Canada weighs bill to address Lost Canadians and citizenship.

The federal government has introduced Bill C-3 to fix long-standing gaps in Canadian nationality law, proposing to extend citizenship by descent beyond the current first-generation limit and to restore status to remaining groups often called “Lost Canadians.” The measure, now before Parliament, would let Canadian parents born outside the country pass citizenship to their own children born abroad if the parent shows a substantial connection to Canada. The government says this move would close legal and historical loopholes that split families and left some people without the status they believed they held.

End of the first‑generation limit and the “substantial connection” test

At the centre of the proposal is an end to the first-generation limit, a rule added in 2009 that prevents citizenship by descent from passing to grandchildren born outside Canada.

Under Bill C-3, that cap would be lifted for many families, provided the Canadian parent born abroad has been physically present in Canada for 1,095 days (three years) before the birth or adoption of the child. Officials say this “substantial connection test” balances the right of Canadians to pass on their identity with the need to protect a meaningful link to the country.

• Key threshold: 1,095 days (three years) physical presence in Canada before the child’s birth or adoption.
• Purpose: Preserve a meaningful connection while expanding eligibility beyond the one-generation rule.

Restoring status to “Lost Canadians”

The legislation is also designed to address people who lost or never received citizenship due to past laws, including discriminatory or outdated rules.

• While most cases tied to “Lost Canadians” were addressed by reforms in 2009 and 2015, gaps remained.
• Bill C-3 would restore citizenship to those still affected—particularly by the former section 8 retention rule that required some Canadians born abroad to apply to keep citizenship by age 28.
• The bill would also extend relief to descendants of those who lost status, repairing what advocates call a patchwork system that separated families across generations.

Court deadline and political urgency

The government tied momentum for Bill C-3 to a 2023 ruling by the Ontario Superior Court, which found the first-generation limit unconstitutional and set a deadline of November 20, 2025, for Parliament to act.

• If lawmakers miss that deadline:
  • Parts of the current framework could fall away.
  • An unknown number of people might gain citizenship automatically without the connection test proposed in Bill C-3.
• That risk has increased the urgency in Ottawa to find a durable fix that aligns with the court’s direction while establishing clear standards.

Interim measures while Parliament studies the bill

While Parliament studies the bill, Ottawa has opened a path for some families through interim discretionary grants of citizenship.

• These are temporary, case-by-case measures intended to ease hardship for people who would qualify if the bill becomes law.
• The interim option aims to prevent people being stuck in limbo, but relief is not automatic and decisions are made individually.

Who would be covered under Bill C-3

The reach of citizenship by descent would expand in specific ways under the proposed changes:

• Children born or adopted outside Canada to Canadian parents before December 19, 2023 would be included.
• Children born or adopted on or after December 19, 2023 would be included if the Canadian parent meets the 1,095-day presence requirement.
• People born abroad before April 1, 1949 with Canadian parents, if they were previously blocked by the first‑generation cap.
• Individuals who lost citizenship under the old section 8 retention rules, plus their descendants.

These groups span multiple decades and family situations and are dispersed across the global Canadian diaspora.

Security and legal clarifications

Officials say some applicants may be subject to knowledge and security checks, reflecting long-standing standards in citizenship cases.

• The bill clarifies legal distinctions between those born before and after the law comes into force to reduce confusion and avoid further litigation.
• That clarity is intended to help families who have spent years chasing contradictory answers and incurring costs for travel, legal advice, and repeated applications.

“The goal is to anchor citizenship on real connection, not an arbitrary generational cutoff.”

Arguments from advocates and analysts

Advocates for Lost Canadians argue the first-generation limit broke with Canada’s tradition of inclusive nationality rules.

• They point to examples where a Canadian-born grandparent lived most of their life in Canada, yet a grandchild born abroad is not recognized despite strong family ties.
• Analysis by VisaVerge.com suggests Bill C-3 would re-anchor eligibility on real connection rather than a bright-line rule that cuts off citizenship after one generation abroad.
• Supporters say this brings more fairness without opening the door to unlimited claims.

Political debate and practical concerns

The political response has been measured: parties largely accept the status quo is hard to defend after the court’s ruling.

• Central debate: How to define “substantial connection” fairly and practically.
• The 1,095-day test provides a clear target, but edge cases remain—e.g., Canadians who grew up in Canada, left for university or work, and now want to pass citizenship to a child born overseas.
• Supporters: The rule is simple enough to plan around.
• Critics: It may exclude families with deep cultural or familial ties who fall short on physical presence.

Practical questions for applicants

As the bill progresses, practical questions remain, including:

• How to prove 1,095 days of presence:
  • Possible evidence: passports with entry/exit stamps, tax records, school enrolment, employment records.
• How adoption dates interact with the presence test.
• Whether stepchildren are covered and how family relationships are verified.

The government has pointed people to official resources for updates. For authoritative information on current rules and any changes once Bill C-3 passes, consult IRCC – Canadian citizenship.

Why this approach may withstand legal scrutiny

The global context matters: many countries limit citizenship by descent to avoid chains of claims from people with weak ties.

• Canada is attempting a middle path: end the outright first-generation cap and replace it with a time-in-country requirement tied to the parent’s life in Canada.
• Legal scholars say linking citizenship to an objective record of presence may fare better in court than a fixed generational rule that can produce arbitrary outcomes.

Human impact and closing note

For affected families, the stakes are deeply personal.

• A parent who left Canada for a job assignment and had a child abroad may be counting days using old passports and school records.
• A grandparent who lost status under the age‑28 rule may finally see a path to secure citizenship for descendants.

The aim of Bill C-3 is to tie citizenship by descent to real life lived in Canada, bring the remaining Lost Canadians back into the fold, and provide a clear, durable solution that meets the court’s November 20, 2025 deadline while reflecting Canada’s sense of fairness.