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Two years following the Ontario Superior Court's ruling that Canada's now-former "second generation cut-off" for citizenship eligibility was unconstitutional, Bill C-3: An Act to Amend the Citizenship Act (2025) (the "Bill") has come into effect. This officially removes the second-generation citizenship cut-off, which previously stood in the way of born-abroad children attaining Canadian citizenship if their Canadian parent had also been born outside of Canada. Under the now in-force amendments, Canadian citizenship has been extended to these formerly "lost Canadians." For an in-depth review of the Bill's contents, please see our latest update: Second generation Canadians born abroad one step closer to citizenship with Bill C-3. The amendments have brought clarity as to the scope and impact of the Bill, including who stands to benefit from the new rules.
The Bill, among other things, introduced the "substantial connection" test, which requires individuals to prove that they have a substantial connection to Canada to obtain Canadian citizenship. The amendments have confirmed that the "substantial connection" test only applies to individuals born or adopted abroad after December 15, 2025 (i.e. the date that these amendments take effect) to a Canadian parent was also born or adopted abroad. Individuals who were born or adopted outside of Canada prior to this in-force date and first generations born or adopted abroad after this in-force date will not be asked to prove their substantial connection to Canada to be eligible for a citizenship certificate.
The "lost Canadians" and their descendants who were denied citizenship based on the old rules can now acquire citizenship. This includes individuals who were born abroad to or adopted abroad by a Canadian parent who was themselves born outside of Canada. There does not appear to be any limit on how far back this generational passing of citizenship can stretch, so long as the applicant can prove that they have a Canadian parent.
The MLT Aikins immigration team will continue monitoring the implementation of Bill C-3. For more information about these amendments and how they could impact you, contact a member of the team today.
This Insight prepared with the assistance of Carly King, a student at law at our Saskatoon office.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
