Summary (tl;dr)

Canada has enacted significant changes to its citizenship laws with Bill C-3, which came into effect on December 15, 2025, largely eliminating the "first-generation limit" for citizenship by descent for those born before this date and offering a clearer path to citizenship for many with Canadian ancestry, including "Lost Canadians".

Essential Background

Historically, Canadian citizenship by descent was primarily limited to the first generation born outside Canada, meaning a Canadian citizen born abroad could not automatically pass citizenship to their children also born abroad. This "first-generation limit," implemented in 2009, inadvertently excluded thousands of individuals with genuine Canadian ties, leading to the designation of "Lost Canadians" who were unable to claim their citizenship. In December 2023, the Ontario Superior Court of Justice declared parts of this existing law unconstitutional, recognizing the unacceptable consequences it had for Canadian families abroad.

The Full Story

In response to the court ruling and to rectify these long-standing issues, the Government of Canada introduced Bill C-3, "An Act to amend the Citizenship Act (2025)," which officially came into force on December 15, 2025. This new legislation retroactively restores Canadian citizenship to those born before December 15, 2025, who were previously denied due to the first-generation limit or other outdated provisions. Going forward, for individuals born or adopted outside Canada on or after December 15, 2025, to a Canadian parent who was also born or adopted abroad, the Canadian parent must now demonstrate a "substantial connection" to Canada by having accumulated at least 1,095 days (three years) of physical presence in the country before the child's birth or adoption. These amendments have prompted a significant increase in applications for proof of Canadian citizenship, particularly from Americans discovering their eligibility through distant ancestry.

Why It Matters

These legislative changes aim to provide fairness and clarity for Canadian families living abroad, strengthening the connection between Canadians at home and those around the world. The removal of the first-generation limit addresses historical injustices for "Lost Canadians," finally granting them recognition as citizens. The new rules expand access to Canadian citizenship by descent to potentially millions more people globally, many of whom are in the United States, who can now prove a direct Canadian ancestor. While simplifying the process for many, the new "substantial connection" requirement for future generations ensures that ongoing ties to Canada are maintained for citizenship passed by descent. The surge in applications highlights strong interest in Canadian citizenship, driven by various factors including family heritage, job opportunities, and political considerations.

Geographic Location

• Ottawa, Ontario, Canada (where Bill C-3, An Act to amend the Citizenship Act (2025), was passed into law by the Government of Canada)
• Toronto, Ontario, Canada (where the Ontario Superior Court of Justice made its ruling in Bjorkquist et al. v. Attorney General of Canada declaring the first-generation limit unconstitutional)