Deadline for Amending Canada’s Citizenship Act Extended to January 2026

Canada’s federal government will once again miss the deadline to finalize the proposed changes to the Citizenship Act. The Ontario Superior Court of Justice has given the government an additional two months to complete Bill C-3, extending the deadline from 20 November 2025 to 20 January 2026.

Bill C-3 aims to remove the First-Generation Limit (FGL) on citizenship by descent. The FGL was ruled unconstitutional in 2023 because it prevented many Canadians born abroad from passing citizenship to their children born outside Canada. If Bill C-3 becomes law, more Canadians would be allowed to pass on their citizenship to their children born overseas.

Bill C-3 May Still Pass Before the New Deadline

Although the deadline has been extended, the court acknowledged that the government is making meaningful progress. In her decision, Judge Akbarali noted that there is a reasonable possibility that Bill C-3 could receive Royal Assent before the end of 2025.

The bill has already completed three readings in the House of Commons and two readings in the Senate. It is currently being reviewed by the Standing Committee on Social Affairs, Science and Technology. The committee may recommend changes before the bill moves forward. Once both the House and Senate pass the same version of the bill, it will receive Royal Assent and become law.

Interim Measures Remain in Effect

Because the deadline has been extended, the federal government’s interim measures will continue to operate until Bill C-3 becomes law. These measures were introduced in March 2025 to support individuals affected by the First-Generation Limit.

People may qualify under the interim measures if they fall into one of the following situations:

1. Individuals born or adopted before December 19, 2023, who are restricted by the FGL.
2. Individuals born or adopted on or after December 19, 2023, whose Canadian parent meets the proposed substantial connection test.
3. Certain individuals born before April 1, 1949, who are impacted by the FGL.
4. Individuals who lost their citizenship because they did not meet past retention requirements under the former section 8 of the Citizenship Act.
   
   

Those affected can apply for a citizenship certificate as proof of citizenship. IRCC will assess applications under these interim rules, and applicants may request urgent processing. These temporary measures will remain available only until Bill C-3 becomes law.

Will the Government Meet the New Deadline?

This extension marks the fourth time the federal government has missed a deadline to amend the Citizenship Act. However, there are some positive signs this time.

The government has made significant progress in Parliament, and for the first time, it revised its own extension request to an earlier date. Initially, it sought an extension until April 22, 2026, but after discussions with the court, the request was pushed forward to January 20, 2026.

Impact of Bill C-3

If passed, Bill C-3 will allow Canadian citizenship by descent to be passed on through multiple generations, provided the substantial connection requirement is met when applicable.

During a recent committee meeting, the Immigration Minister stated that based on current data, the government expects tens of thousands of applications over time, not hundreds of thousands. The Minister also highlighted that most individuals affected by the change would be children.

Background on Bill C-3

Bill C-3 was introduced on June 5, 2025, to fix issues created by the First-Generation Limit introduced in 2009. Under the FGL, children born abroad to Canadian citizens who themselves were born abroad did not automatically receive citizenship.

On December 19, 2023, the Ontario Superior Court ruled the FGL unconstitutional, stating that it created unequal classes of citizens and violated mobility rights under the Charter. The federal government was given six months to amend the law.

Before Bill C-3, the government had introduced Bill C-71 to address the issue, but it expired when Parliament was prorogued in March 2025. Bill C-3 was then introduced as the new legislation to move the amendment forward.