Canadian Citizenship Through Grandparents and Earlier Ancestors

Canadian Citizenship Through Grandparents and Other Ancestors

Who Is a Canadian Citizen Under Bill C-3?

One of the most common questions we hear is some variation of:

“My grandfather was Canadian. Does that mean I’m Canadian too?”

The honest answer is: possibly and often, yes. Eligibility for Canadian citizenship through a parent or grandparent depends on several factors, including when you were born, where you were born, and whether adoption is involved. To understand why the answer isn’t always straightforward, it helps to look at how Canadian citizenship law has evolved over time.

A Brief History of Canadian Citizenship Law

Canadian citizenship did not exist as a distinct legal status until 1947. Before then, individuals born or naturalized in Canada were considered British subjects under British nationality law.

That changed with the introduction of the Canadian Citizenship Act in 1947, which formally created Canadian citizenship as its own legal concept. A further overhaul came in 1977, when the current Citizenship Act entered into force.

Since then, the Act has been amended many times, often in reaction to earlier changes that unintentionally excluded certain groups. The result is legislation that, in places, feels patched together rather than elegantly designed. Each attempt to fix one problem sometimes created another, requiring yet more amendments.

The 2009 Amendments and the First-Generation Limit

A major turning point came in 2009, when the Conservative government introduced Bill C-37, which amended the Citizenship Act. One of the most significant changes was the introduction of what became known as the “first-generation limit.”

Under Canadian law:

• Anyone born in Canada is a Canadian citizen.
• Anyone born outside Canada to a Canadian parent who was born in Canada is also a Canadian citizen.

Bill C-37 restricted citizenship transmission beyond that point. If a Canadian citizen was also born outside Canada, they generally could not pass citizenship to their own child born abroad. In effect, this cut off citizenship for many grandchildren of Canadians.

There were narrow exceptions  for example, where the Canadian parent was serving abroad in the Canadian Armed Forces or in service of the Crown. In practice, these situations are rare. Over many years of practice, we have encountered only a handful of such cases.

The Bjorkquist Decision

In late 2023, the Ontario Superior Court of Justice issued a landmark decision in Bjorkquist et al. v. Attorney General of Canada. The Court found that the first-generation limit violated sections 6 and 15 of the Canadian Charter of Rights and Freedoms and was therefore unconstitutional.

Justice Jasmine Akbarali declared the offending provision to be of no force or effect, but temporarily suspended that declaration to give the federal government time to amend the law. The Court also granted immediate relief to the applicants and confirmed that their children were Canadian citizens as well.

Importantly, the federal government chose not to appeal the decision. As a result, it became binding law and permanently altered how citizenship claims based on descent must be treated.

Legislative Delays and Interim Measures

Although the Court initially gave the government six months to fix the legislation, that deadline came and went. Multiple extensions were granted, but comprehensive amendments still did not pass within the required timeframe.

In the meantime, the government implemented interim measures to allow affected individuals to pursue citizenship. Many applicants during this period were invited to apply for discretionary grants of citizenship, a long-standing mechanism that allows the Minister to grant citizenship or waive certain requirements where appropriate.

These interim measures were temporary and remained in place for roughly a year.

Bill C-71 and Its Collapse

In May 2024, the Trudeau government introduced Bill C-71, intended to bring the Citizenship Act into compliance with the Bjorkquist decision. However, Parliament was dissolved in March 2025 ahead of a general election, and the bill died on the order paper without becoming law.

Bill C-3: The New Citizenship Framework

Following the election, the new Liberal government under Prime Minister Mark Carney reintroduced the same legislative text as Bill C-3. After months of debate, the bill received Royal Assent on November 20, 2025, and came into force on December 15, 2025.

Individuals born before December 15, 2025

For those born before the law came into force, the rigid first-generation limit is effectively removed. If the only reason you were previously denied recognition as a Canadian citizen was because of that limit, you may now be recognized as a citizen and eligible to apply for proof of citizenship.

Individuals born on or after December 15, 2025

For future generations, citizenship can still be passed beyond the first generation born abroad, but only if the Canadian parent meets the “substantial connection” requirement.

This means the Canadian parent who was born outside Canada must have been physically present in Canada for at least three years before the child’s birth or adoption.

Final Thoughts

With the passage of Bill C-3, Canadian citizenship through a grandparent is no longer the dead end it once was. Thousands of people who were previously excluded may now have a valid claim to Canadian citizenship.

This article provides general information only and does not constitute legal advice. For guidance tailored to your specific circumstances we recommend contacting us directly.

Contact us to find out if you are eligible to inherit Canadian citizenship through a grandparent or earlier ancestor. 

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