Exploring Canada Bill C-3: Citizenship by Descent

Canada’s Bill C-3: A New Era for Citizenship by Descent 

While Canada is recognized globally for its efforts to attract foreign talent through its multi-year immigration levels plan, challenges remain within its citizenship laws, particularly for individuals seeking citizenship by descent or navigating complex eligibility requirements. These policy nuances highlight the contrast between Canada’s broader inclusive approach to immigration and the intricacies of its citizenship framework. 

One of the most significant barriers has been the first-generation limit implemented in 2009. This limit prevents Canadian citizens born outside of Canada from automatically passing their citizenship to their children if those children are also born abroad or to adopted children who were born abroad.  

Introduced by the newly elected government under Prime Minister Mark Carney, Bill C-3 represents a significant step toward expanding Canadian citizenship eligibility by descent beyond the first generation. The legislation aims to correct outdated laws and ensure that Canadian families, regardless of where they live or were born, can maintain their connection the country.  

What Changes Does Bill C-3 Propose? 

Bill C-3 proposes:  

• Automatic citizenship for individuals who would have been citizens today if not for previous legal limitations.  

• Establishing a new framework that allows citizenship by descent beyond the first generation, provided the Canadian parent demonstrates a substantial connection to Canada, through a Substantial Connection test.  

Substantial Connection Test 

To pass citizenship to their child born abroad beyond the first generation, Bill C-3 proposes using a Substantial Connection test. Under this measure, a Canadian parent must have spent at least 1,095 cumulative days (three years) physically present in Canada before their child’s birth or adoption. This ensures that individuals who claim Canadian citizenship have a meaningful connection to the country.  

Insights from Envoy Global 

At first glance, the proposed requirements appear relatively attainable and would greatly benefit Canadians seeking to obtain citizenship for their children under current restrictions. That said, it is important for families to wait for additional clarification from the government to ensure that there are no unexpected or surprise eligibility hurdles.  

For instance, key questions remain, including whether the 1,095-day physical presence must fall within a specific window prior to the child’s birth. Further, will there be any exclusions or exceptions to the rule. For example, could childhood residence in Canada count toward the requirement, even if the parent spent most of adulthood abroad? Would employment with a Canadian company while residing overseas be treated similarly to permanent resident exceptions for residency obligations? Could future regulations incorporate tax filing history as an indicator of “substantial connection”? 

As we await further guidance, Envoy Global will continue to monitor developments closely and help clients assess the impact of these proposed changes on long-term planning and citizenship strategy. 

— Commentary provided by Daphne Wong, Team Lead, Canada Immigration, Envoy Global 

Addressing the Issue of ‘Lost Canadians’  

The term “Lost Canadians” refers to individuals who lost or never acquired citizenship due to outdated provisions in former citizenship legislation. While previous amendments in 2009 and 2015 helped many regain their citizenship, gaps remained.  

Bill C-3 seeks to restore citizenship to remaining Lost Canadians, their descendants and anyone born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force. This includes individuals who lost their citizenship due to requirements under Form Section 8 of the Citizenship Act.  

According to Daphne Wang, if Parliament passes Bill C-3 and enacts it into law, it will mark a significant win for Canadians who have faced challenges under existing citizenship rules—particularly those who consider Canada their home but were living or working abroad when their children were born. 

Legal Action Prompts Update to Outdated Citizenship Framework 

The first-generation limit has faced widespread criticism for failing to reflect the realities of modern Canadian families. Many Canadians build their lives abroad for work or personal reasons, yet their children are unable to inherit their citizenship and depending on the country they were born in or ability to get other citizenship through another parent, may bring forth the possibility that a child could be stateless. 

On Dec. 19, 2023, the Ontario Superior Court of Justice ruled that key provisions of this restriction were unconstitutional, recognizing the undue burden placed on Canadians with children born outside the country. The Canadian government chose not to appeal the decision and confirmed its acknowledgement that the current law had unacceptable consequences for these families and needed to be reformed. 

By addressing this issue through Bill C-3, Canada is working toward a fairer, more inclusive citizenship framework that reflects the realities of modern global mobility. 

Bill-3: What Happens Next 

Next, Bill-3 must pass approval from both houses of Parliament and receive Royal Assent. If approved, the current government has committed to swift implementation. Immigration, Refugees, and Citizenship Canada (IRCC) has stated that it will provide further guidance to affected individuals and ensure a smooth transition to the new framework. It is expected that updates will be posted by IRCC as the milestones are met during the process of receiving Royal Assent. However, it is unknown as to the actual dates of when these details will be posted.  

Our team is actively monitoring the situation and sharing updates as new information emerges.

How Envoy Global Can Help Navigate Bill-3  

Envoy Global brings together smart, friendly legal teams with smart, friendly technology to make immigration easier for companies and the global talent they depend on. We are a trusted partner for businesses of all sizes, providing individualized support to help you make well-informed decisions with the perspective and insight you need to succeed. 

We bring decades of experience and deep local knowledge, ensuring businesses and individuals navigate the Canadian immigration process confidently and successfully. 

Learn more about our Canadian Immigration Services.