Recent legislative amendments expand entitlement to Canadian citizenship by descent

Henry J Chang
Dentons, Toronto
henry.chang@dentons.com

Introduction

Recent amendments to the Canadian Citizenship Act have significantly expanded the pool of foreign-born persons who may now have a claim to Canadian citizenship by descent. Anyone with an ancestor who was either born or naturalised in Canada may now have a claim to Canadian citizenship from birth if they can document the transmission of Canadian citizenship through multiple generations.

This expanded eligibility arises from Bill C-3 (An Act to amend the Citizenship Act (2025)), which came into force on 15 December 2025. Bill C-3 made the following changes to the Citizenship Act (among others):

• it removed the limit on citizenship by descent to the first generation born abroad (the ‘First Generation Limit’), at least for persons born prior to 15 December 2025;
• it restored Canadian citizenship to former citizens who failed to retain their Canadian citizenship under previous legislation; and
• it recognised citizenship for the descendants of persons who acquired Canadian citizenship under prior amendments that came into force in 2009 and 2015.

Overview of prior amendments

The term ‘lost Canadians’ refers to individuals who lost or never obtained citizenship because of earlier citizenship laws. Amendments to the Citizenship Act, which came into effect in 2009 and 2015, restored or gave citizenship to many of these lost Canadians. However, some individuals continued to be excluded.

Amendments made to the Citizenship Act in 2009 (the ‘2009 Amendments’) arose from Bill C-37 (An Act to amend the Citizenship Act), which came into force on 17 April 2009. The 2009 Amendments recognised Canadian citizenship for many lost Canadians, retroactive to the date of their birth. However, they also established the First Generation Limit.

The First Generation Limit primarily applied to individuals who were born outside Canada on or after 17 April 2009. However, it also applied to individuals who were born prior to that date, if their parent(s) acquired Canadian citizenship as a result of the 2009 Amendments (or any subsequent amendments).

Additional amendments made to the Citizenship Act in 2015 (the ‘2015 Amendments’), arose from Bill C-24 (Strengthening Canadian Citizenship Act), which came into force on 11 June 2025. The 2015 Amendments recognised Canadian citizenship by descent for additional ‘lost Canadians’ who had been overlooked in the 2009 Amendments. However, it retained the First Generation Limit, which was established by the 2009 Amendments.

The Bjorkquist decision

On 19 December 2023, the Ontario Superior Court of Justice made its ruling in Bjorkquist et al v Attorney General of Canada, [2023] OJ No 5660, 2023 ONSC 7152 (SCJ). In that decision, the Ontario Superior Court of Justice declared that the First Generation Limit was unconstitutional. The Government of Canada enacted Bill C-3 to comply with the Bjorkquist decision.

The practical implications of Bill C-3

Bill C-3 retroactively recognises Canadian citizenship by descent for persons born prior to 15 December 2025, who are in the second or subsequent generation born abroad. It also recognises Canadian citizenship by descent for the second or subsequent generation born abroad on or after 15 December 2025, if the Canadian parent can demonstrate at least 1,095 days (three years) of physical presence in Canada prior to the child’s birth.

The retroactive recognition of many ‘lost Canadians’ (under the 2009 Amendments and 2015 Amendments) coupled with the elimination of the First Generation Limit (under Bill C-3) now means that any foreign-born individual whose ancestor was born or naturalised in Canada may potentially have a claim to Canadian citizenship. However, it can be a complex process, especially in cases involving multiple generations.

Potential applicants must trace the transmission of Canadian citizenship from their original Canadian ancestor to themselves, through every intervening generation. Each generation adds to the complexity of the case. In addition, depending on how many generations are involved, critical documentation may no longer be available due to the passage of time.

Despite this fact, many foreign-born persons may now have be considered Canadian citizens, without even realising it. Any individual who believes that they may have a potential claim should request a legal opinion from a recognised expert on Canadian citizenship law, in order to assess their potential claim.