Birthright citizenship in Canada—granting citizenship to anyone born on Canadian soil—has been extended by the recent amendment to the Citizenship Act, known as Bill C‑3. The change, which took effect on 15 December 2025, removes the previous “first‑generation limit” for citizenship by descent, allowing descendants of Canadian citizens born abroad to claim citizenship across multiple generations.
How Bill C‑3 changed the rules
- Removal of the first‑generation limit – Prior to the amendment, citizenship by descent could only be passed to one generation born outside Canada. Grandchildren and further descendants were generally excluded, even if the original ancestor’s citizenship was unquestioned.
- Unlimited generational transmission – For individuals born before 15 December 2025, the citizenship of a Canadian ancestor can now be passed down indefinitely, provided an unbroken line of descent is demonstrated. The ancestor may be a parent, grandparent, great‑grandparent, or more remote forebear.
- Substantial‑connection test for later births – Children born or adopted abroad on or after 15 December 2025 must satisfy a “substantial connection” requirement: the Canadian parent (if also born abroad) must have accumulated at least 1,095 days of physical presence in Canada before the child’s birth, unless a specific exception applies.
Why the amendment matters
Canada has practiced jus soli—citizenship by birth on its territory—since the Citizenship Act commenced on 1 January 1947, with limited exceptions for children of foreign diplomats. Bill C‑3 builds on that foundation by allowing the citizenship status of those born in Canada to flow to their descendants who have never lived in Canada. This creates a pathway for many individuals, particularly in the United States, to obtain Canadian citizenship through ancestry alone.
Ancestors born before 1947
- British subject status – Before 1 January 1947 (or 1 April 1949 for Newfoundland and Labrador), people born in Canada were British subjects. When the Citizenship Act came into force, these individuals automatically became Canadian citizens.
- Transmission of citizenship – Such pre‑1947 ancestors can also pass citizenship down by descent, but each generation in the chain must still prove both the familial link and the citizenship status of the intervening parents.
Practical steps to claim citizenship by descent
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Gather family information
- Interview the oldest living relatives to document who left Canada, when, and where they were born.
- Record names, dates, and locations, even if details are incomplete.
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Collect vital records
- Obtain birth, marriage, and death certificates for every generation linking you to the Canadian ancestor.
- Request historical Canadian records from provincial vital statistics offices or archives when necessary.
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Prepare personal documentation
- Assemble identity documents for yourself (e.g., passport, driver’s licence).
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Submit the application
- Complete the proof of citizenship application and provide all supporting documents.
- Processing times can be lengthy (approximately 19 months as of mid‑2026), so early submission is advisable.
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Consider professional advice
- If the lineage involves pre‑1947 ancestors, multiple generations, or name changes, consulting a citizenship lawyer may improve the likelihood of success.
- Online tools, such as a citizenship‑by‑descent calculator, can help assess eligibility before filing.
Example of the new eligibility
A fictional case illustrates the impact: Sheila Morgan, born in Halifax in 1948, emigrated to the United States as an infant and never applied for a Canadian passport. Her son, a first‑generation descendant, also never claimed citizenship. Under the previous rules, their daughter Samantha (born 2001 in Massachusetts) would have been ineligible. Bill C‑3 now permits Samantha to apply for a Canadian citizenship certificate through her grandmother, provided she can document the lineage.
The amendment thus opens a clear pathway for descendants of Canadian‑born ancestors—regardless of how many generations removed—to obtain Canadian citizenship, subject to the documentation requirements outlined above.
Source article: www.cicnews.com
