Amendments To The Citizenship Act: Second-Generation Citizenship Now In Effect

Significant changes to Canada's citizenship laws are now in force. On November 20, 2025, the federal government introduced and passed Bill C-3, An Act to Amend the Citizenship Act (2025), which received Royal Assent the same day and came into effect on December 15, 2025

These amendments mark a major shift in how Canadian citizenship by descent is granted, particularly for individuals born outside Canada in the second generation or beyond.

The End of the First-Generation Limit

Previously, the Citizenship Act imposed what was known as the "first-generation limit." This rule prevented individuals born or adopted outside Canada from acquiring citizenship if their Canadian parent had also been born or adopted outside Canada. In other words, citizenship by descent stopped after the first generation born abroad

This provision was challenged in court. In Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152, the Ontario Superior Court of Justice declared the first-generation limit unconstitutional, finding that it violated sections 6 and 15 of the Canadian Charter of Rights and Freedoms

The Court suspended its declaration to allow Parliament time to amend the legislation, prompting the federal government to respond.

Interim Measures Before Legislative Reform

While awaiting legislative changes, the government implemented interim measures on March 13, 2025

These measures allowed individuals affected by the first-generation limit to apply for a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act.

Applicants who submitted applications under these interim measures and whose files remain under review will now have their applications assessed under the amended legislation

What Bill C-3 Changes

Bill C-3 substantially removes the rigid first-generation limit and expands eligibility for citizenship by descent.

The amendments now extend citizenship eligibility to individuals born or adopted outside Canada who have Canadian:

• Grandparents
• Great-grandparents
• Multi-great-grandparents (e.g., great-great-grandparents)

However, the rules differ depending on the applicant's date of birth.

Individuals Born Before December 15, 2025

For individuals born outside Canada before December 15, 2025, the changes are particularly significant.

If a person was born abroad to a parent who was also born abroad, and that person has a Canadian grandparent, great-grandparent, or further ancestor, citizenship is generally restored automatically

In practical terms, many individuals in the third generation or later—whose citizenship had previously been blocked—are now considered Canadian citizens by descent.

For those adopted outside Canada before December 15, 2025, and who have qualifying Canadian ancestry, eligibility may arise through a direct grant process for adopted persons

Individuals Born On or After December 15, 2025

For individuals born or adopted outside Canada on or after December 15, 2025, a new framework applies.

Citizenship may be conferred if:

• The applicant's parent was also born or adopted outside Canada;
• That Canadian parent was physically present in Canada for at least 1,095 days (three years) before the applicant's birth (or before adoption); and
• The applicant has a Canadian grandparent, great-grandparent, or multi-great-grandparents

This physical presence requirement ensures a continued and meaningful connection to Canada while still expanding eligibility beyond the former first-generation limit.

Confirming or Renouncing Citizenship

Individuals who believe they have become Canadian citizens as a result of Bill C-3 must apply for a citizenship certificate as proof. The government will review eligibility upon receiving the application and issue a certificate if citizenship is confirmed

Those who do not wish to retain newly acquired citizenship may formally renounce it.

Importantly, the amendments do not affect individuals who were already Canadian citizens before Bill C-3 came into force

Conclusion

Bill C-3 represents a significant modernization of Canada's citizenship framework. By largely eliminating the first-generation limit and recognizing citizenship claims through grandparents and more remote ancestors, Parliament has broadened access to citizenship while introducing a new physical presence requirement for future generations.

For individuals with Canadian ancestry born abroad, these changes may restore or newly confer citizenship rights. Those who believe they may qualify should seek confirmation through a citizenship certificate application and obtain legal advice where necessary.

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.