New bill would restore citizenship to lost Canadians

By Derek Shank, CIC News

Unter the FGL, first introduced to The Citizenship Act in 2009, children born abroad to Canadian citizens by descent do not gain citizenship by descent. (Pexels photo)

We may see thousands of people gain Canadian citizenship, should a newly-introduced bill become law.

Bill C-3, “An Act to amend the Citizenship Act (2025),” would grant citizenship to those affected by the first-generation limit (FGL) to citizenship by descent, and moving forward would allow Canadian citizens by descent to pass on their citizenship by descent, subject to a substantial connection to Canada test.

Unter the FGL, first introduced to The Citizenship Act in 2009, children born abroad to Canadian citizens by descent do not gain citizenship by descent.

Under citizenship by descent, a child of a Canadian citizen gains citizenship, regardless of where the child was born.

In Dec of 2023, the Ontario Superior Court of Justice ruled the existing version of the FGL unconstitutional for creating a second class of citizens and violating Canadians’ mobility rights. The federal government chose not to appeal the ruling, agreeing that FGL in its current form was undesirable.

At that time, the Court gave the federal government six months’ time to amend the legislation.

In May of 2024, the federal government introduced Bill C-71, an Act to Amend the Citizenship Act (2024), which proposed to modify the FGL by providing an exception for parents meeting a substantial connection to Canada test.

Bill C-71 never became law, having died upon the prorogation of Parliament in March of 2025, and Court further extended the deadline to amend the legislation several times, most recently until Nov 20, 2025.

On March 13, 2025, the government introduced interim measures allowing for those affected by the FGL to apply for discretionary grants of citizenship, provided that their parent met the substantial connection to Canada test.

The substantial connection to Canada is defined as the parent having spent at least three years in Canada prior to the birth or adoption of the child.

Bill C-3 was introduced on 5 June, 2025.

To become law, the bill must proceed through three readings, be passed by both Houses of Parliament, and receive royal assent.

If the Citizenship Act is not amended prior to the Nov 20 deadline, the Court may strike down or read down the offending portions of the existing legislation.

Children born in Canada automatically receive Canadian citizenship at birth, regardless of the nationality of their parents, subject to some exceptions, such as children of foreign diplomats.

Children of second-generation Canadian citizens who meet the substantial connection to Canada test need not wait for the legislation to pass; they can already apply for discretionary grants of Canadian citizenship under the existing interim measures.