News Briefing

Can Bill C-3 be reversed? Here’s what an immigration lawyer has to say

Sep 20, 2026News Briefingwww.cicnews.com

Since Bill C‑3 took effect on 15 December 2025, the first‑generation limit on Canadian citizenship‑by‑descent was removed and a 1,095‑day “substantial connection” requirement was added for children born on or after that date. The amendment expands the pool of people who can claim Canadian citizenship through ancestry, but it has also raised questions about whether future Parliaments could reverse the changes and what that would mean for those who have already obtained citizenship.

Can Bill C‑3 be repealed or amended?

  • Bill C‑3 is now part of the Citizenship Act. For anyone who became a citizen under the amendment, the Act provides the legal basis of that status; a citizenship certificate is merely proof of an existing right.
  • Parliament retains the authority to pass new legislation that alters citizenship rules going forward. However, past experience shows that changes are not applied retroactively. When the first‑generation limit was introduced in 2009, existing citizens were not stripped of their status.
  • Consequently, while a future government could re‑introduce a generational limit, it would not automatically cancel citizenship already granted under Bill C‑3. Any such change would require a full legislative process—first reading, second reading, committee study, report stage, third reading in both the House of Commons and the Senate, followed by Royal Assent. This multi‑stage procedure is lengthy and would give applicants notice before any new rules took effect.

When can Canadian citizenship be revoked?

Citizenship can be revoked only under specific circumstances, primarily when it was obtained through fraud, false representation, or the concealment of material information—a breach classified as misrepresentation under Canadian immigration law. Examples include:

  • Deliberately omitting information that could affect the outcome of an application.
  • Submitting altered or falsified documents.

Revocation is therefore not a matter of political shift; it requires proof of wrongdoing.

IRCC “surrender letters” and the resulting confusion

In June 2026, Immigration, Refugees and Citizenship Canada (IRCC) temporarily paused processing of some citizenship‑by‑descent applications and issued letters asking applicants to return previously issued citizenship certificates. At the same time, IRCC tightened documentation standards, requiring original source authority for each generation in the descent chain.

  • The pause and the new evidentiary requirements created the impression of volatility in the process.
  • By the end of June 2026, IRCC reported that the review was complete, processing had resumed, and only about 1 % of applicants were actually affected by the certificate‑surrender request.

Dual citizenship and tax implications

  • Both the United States and Canada permit dual citizenship. Americans who qualify under Bill C‑3 can retain their U.S. passport while obtaining a Canadian passport, allowing them to live, work, and travel freely in Canada. Their children may study in Canada without a study permit, and young adults (18‑35) may benefit from youth‑mobility agreements with over 35 countries, subject to each destination’s rules.
  • Canadian taxes are based on residency, not citizenship. An American who becomes a dual citizen but remains a U.S. tax resident and does not earn Canadian‑source income will not owe Canadian income tax. If the individual becomes a Canadian tax resident, they will be subject to Canadian tax on worldwide income, though the U.S.–Canada tax treaty provides relief from double taxation.

Determining whether you are a Canadian citizen by descent

  1. Identify a Canadian‑born ancestor (e.g., a grandparent) and confirm their citizenship status at the time of birth.
  2. Document every generational link between you and that ancestor. Each link must be supported by official records (birth, marriage, death certificates, etc.).
  3. Verify that the ancestor’s citizenship was not lost before the next generation’s birth, as loss of status can break the chain.
  4. Use tools such as CanadaVisa’s citizenship eligibility checker for an initial assessment, but be prepared to provide primary source documents for each generation.

If the chain is complete and the ancestor was a Canadian citizen at the relevant time, you are likely eligible for a citizenship‑by‑descent application under Bill C‑3. The application process remains subject to IRCC’s documentation standards and the substantial‑connection requirement for children born on or after 15 December 2025.