Bill C-3 Moves Closer to Expanding Canadian Citizenship by Descent

Canada is moving one step closer to changing how citizenship is passed to children born outside the country. On November 5, Bill C-3 passed its third reading in the House of Commons. This major milestone brings the Bill closer to removing the First-Generation Limit (FGL) and expanding eligibility for Canadian citizenship by descent.

This blog explains where the Bill stands now, what steps remain before it becomes law, and who may benefit from the proposed changes.

What Bill C-3 Aims to Change

Bill C-3 seeks to amend the Citizenship Act by removing the First-Generation Limit rule. Currently, Canadians born abroad cannot pass citizenship to their children also born outside Canada.

If passed, the Bill will allow Canadians born overseas to pass on their citizenship to children born or adopted abroad. It will also help restore citizenship to several groups who lost status due to previous versions of the Citizenship Act.

Where the Bill Stands Now

Bill C-3 has completed the House of Commons process and has passed the crucial third reading. The next stage is the Senate.

To become law, the Bill must:

1. Go through three readings in the Senate.
2. Pass without amendments.
3. Receive Royal Assent.
   
   

If the Senate introduces any amendments, the Bill must return to the House of Commons for review. Only when both the House and Senate approve the exact same version can it receive Royal Assent and officially come into force.

Applying for Citizenship Before the Bill Passes

Some individuals affected by the current First-Generation Limit do not need to wait for Bill C-3 to become law. Earlier this year, the government introduced temporary measures that allow affected individuals to apply for a discretionary grant of citizenship.

These measures offer a pathway to citizenship even before the Bill is enacted. Some applicants may also qualify for urgent processing depending on their circumstances.

Who Will Be Impacted if Bill C-3 Becomes Law

If Bill C-3 passes, several groups will regain or gain access to citizenship by descent. Key groups include:

• Children born or adopted outside Canada to a Canadian parent before December 19, 2023.
• Children born or adopted abroad on or after December 19, 2023, who are affected by the FGL and whose Canadian parent meets the “substantial connection to Canada” requirement at the time of the child’s birth or adoption.
• Individuals born abroad before April 1, 1949, with a Canadian parent who are currently impacted by the FGL.
• Individuals who lost their citizenship for failing to meet retention requirements under the former section 8 of the Citizenship Act.

These changes aim to restore fairness and address long-standing gaps in the legislation.

Why the Bill Was Introduced

The introduction of Bill C-3 is rooted in a series of court decisions and political developments.

• In December 2023, the Ontario Superior Court of Justice ruled that the second-generation cut-off in the Citizenship Act was unconstitutional and directed the government to amend the law.
• The federal government received multiple deadline extensions but did not finalize the required changes.
• In May 2024, the government introduced Bill C-71, which proposed allowing citizenship by descent to the second generation if the Canadian parent had at least 1,095 days of physical presence in Canada. This Bill did not receive Royal Assent.
• On January 6, 2025, Prime Minister Justin Trudeau resigned as Liberal leader. Parliament was prorogued until March 24, 2025, which automatically ended all active Bills, including C-71.
  
  

Bill C-3 was introduced to address the court ruling and replace temporary fixes with long-term, consistent rules in the Citizenship Act.

Conclusion

Bill C-3 represents a significant step toward expanding Canadian citizenship rights for families with ties abroad. While the Bill still needs Senate approval and Royal Assent, its progress offers hope for many individuals who have been affected by the First-Generation Limit. With both temporary measures and permanent changes on the horizon, more families may soon have a clear pathway to Canadian citizenship by descent.