Understanding Bill C-3: Canada’s Latest Update to the Citizenship Act

Canada has introduced Bill C-3, giving tangible support to Minister Diab’s words that

Citizenship is more than a legal status—it’s a profound connection to the values, history, and spirit of Canada.

This amendment to the Citizenship Act aims to strengthen the ties between Canada and its citizens, both at home and abroad.

The legislation comes in the wake of the Bjorkquist court decision, which determined that placing a limit on the number of generations born outside Canada who can inherit Canadian citizenship was unconstitutional. It is a significant step towards a more inclusive and equitable Citizenship Act, addressing long-standing issues surrounding citizenship by descent and “Lost Canadians.”

What Is Bill C-3?

Bill C-3 modernizes the rules around citizenship by descent, adoption, and restoration, addressing gaps that left many individuals ineligible under previous legislation. Here are the key updates:

Key Highlights of Bill C-3

Bill C-3 introduces crucial amendments to the Citizenship Act, focusing on ensuring fairness and expanding access to Canadian citizenship. Here are the main highlights:

Citizenship for All Born Abroad (Before Enactment): The Bill ensures that individuals born outside Canada to a Canadian parent, including a parent who was also born outside Canada, before the coming into force of this enactment, will now be conferred Canadian citizenship by descent. This addresses historical gaps and reunites many “Lost Canadians” with their heritage.

Citizenship Beyond the First Generation with Substantial Connection: For those born outside Canada after the first generation, on or after the coming into force of Bill C-3, the law will confer citizenship by descent if their Canadian citizen parent had a “substantial connection” to Canada before the person’s birth. To demonstrate a “substantial connection,” the Canadian parent born abroad would need to have accumulated at least 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption. This new framework acknowledges the diverse realities of Canadian families globally.

Citizenship for Adopted Persons (Before Enactment): Individuals born outside Canada who were adopted before the coming into force of this enactment by a Canadian citizen parent, including a parent who was also born or adopted abroad, will now be eligible for citizenship under section 5.1 of the Act.

Citizenship for Adopted Persons (On or After Enactment): For those adopted outside Canada on or after the coming into force of this enactment by a Canadian citizen parent, citizenship can be granted under section 5.1 if the parent had a “substantial connection” to Canada before the adoption.

Restoring Citizenship to “Lost Canadians”: Bill C-3 will restore citizenship to persons who lost it due to not applying to retain it under the former section 8 of the Act, or whose application was not approved. This provides a long-awaited resolution for many individuals inadvertently stripped of their Canadian status.

Simplified Renunciation Process: The Bill also allows certain individuals who become citizens as a result of these new amendments to access a simplified process for renouncing their citizenship, offering flexibility for those who may not wish to retain it.

Bill C-3 vs. Bill C-71: A Clearer Path Forward

While Bill C-71 (An Act to amend the Citizenship Act (2024)) was a previous attempt to address some of these issues and proposed similar changes, it ultimately did not pass before the eventual prorogation and subsequent dissolution of parliament. Now that a new government has been elected, Bill C-3 is the current legislative effort aimed at providing a more comprehensive and definitive solution to the first-generation limit and the issue of “Lost Canadians.”

It’s important to note that the text of Bill C-3 is identical to the text of Bill C-71, making the outcomes of both pieces of legislation the same. If you would have become a Canadian citizen under Bill C-71, you will still become a Canadian citizen under Bill C-3.