For over a decade, a restrictive rule—the “first-generation limit”—has prevented many Canadians from passing on their citizenship to children born abroad. This barrier has now been removed, paving the way for many individuals to obtain Canadian citizenship by descent.
Court Decision and Legislative Response
This restrictive rule was challenged in Bjorkquist v. Canada (2023 ONSC 7152), where the Ontario Superior Court of Justice, in December 2023, declared the first-generation limit unconstitutional. The Court found that it violated Sections 15 (equality rights) and 6 (mobility rights) of the Canadian Charter of Rights and Freedoms, and that these violations were not justified under Section 1. The Court ordered the federal government to amend the legislation.
From Bill C-71 to Bill C-3
In response to Bjorkquist v. Canada (2023 ONSC 7152), the previous federal government introduced Bill C-71 to repeal the first-generation limit, but the bill died when Parliament was prorogued in January 2025, and a Canadian election took place. The newly elected government introduced Bill C-3 (An Act to amend the Citizenship Act, 2025) on June 5, 2025, and on Thursday, November 20, 2025, Bill C-3 was enacted into law.
What Bill C-3 Means
Bill C-3 came into effect on December 15, 2025. Since that time, applications for proof of citizenship by descent from individuals affected by the “first-generation limit” are being accepted and processed by Immigration, Refugees and Citizenship Canada (IRCC) under Canada’s Citizenship Act.
Bill C-3 eliminates the first-generation limit and establishes a new framework for citizenship by descent:
- Individuals born before December 15, 2025 can generally claim citizenship if they can trace their lineage to a Canadian-born ancestor (parent, grandparent, or great-grandparent).
- Canadians can now transmit citizenship beyond the first generation to their children born after December 15, 2025, if they meet a substantial connection to Canada test, defined as at least three years (1,095 days) of physical presence in Canada before the child’s birth or adoption.
- Bill C-3 also restores citizenship to individuals who lost Canadian citizenship due to changes to the Citizenship Act over the last two decades, known as “Lost Canadians.” Bill C-3 also restores citizenship to their descendants and individuals born abroad to Canadian parents in the second or subsequent generations prior to December 15, 2025.
Next Steps for Clients
At Gomberg Dalfen, we understand that navigating these new citizenship rules can feel daunting. Our team is ready to guide you through every step—from assessing eligibility to preparing applications and requesting urgent processing when needed. We can help ensure that your documentation is complete, your application is submitted correctly, and you stay informed about the latest updates from IRCC.
If you have questions or need personalized assistance, we are here to support you.