Citizenship Act Amendment Moves Closer to Expanding Eligibility

On November 5, Bill C-3 passed its third reading in the House of Commons, marking an important step toward changing how Canadian citizenship is passed down. The proposed law would amend the Citizenship Act to remove the First-Generation Limit (FGL) rule.

If passed, it will allow Canadians born abroad to pass citizenship to their children also born outside Canada. This change could help many families who have long been affected by the FGL restriction.

What happens next

Bill C-3 has completed its review in the House of Commons and now moves to the Senate for further debate and approval.

To become law, the Bill must go through three readings in both the House and the Senate. It can only receive Royal Assent—the final step—once both chambers approve the same version.

If the Senate makes any changes, the Bill will return to the House of Commons for another review. Only when both chambers agree on identical wording can the Bill officially become law.

Applying before the Bill becomes law

Some people affected by the First-Generation Limit rule may not need to wait for Bill C-3 to pass. Earlier this year, the government introduced interim measures that allow affected individuals to apply for proof of Canadian citizenship while the Bill is still being reviewed.

These temporary measures offer a legal pathway for those who have a legitimate claim but cannot yet apply under the new law.

Who benefits from Bill C-3

Bill C-3 aims to restore citizenship by descent to many second-generation Canadians who were born or adopted outside the country. It also seeks to fix past cases where people lost citizenship because of outdated laws.

Those who could benefit include:

• Children born or adopted abroad to a Canadian parent before December 19, 2023.
  
• Children born or adopted on or after December 19, 2023, if their Canadian parent meets the “substantial connection to Canada” requirement.
  
• People born abroad before April 1, 1949, with a Canadian parent affected by the FGL rule.
  
• Individuals who lost citizenship due to old retention rules under the Citizenship Act.
  

This means many families separated by citizenship limits may soon have a chance to reconnect legally with their Canadian roots.

Why this Bill matters

The new Bill follows a major court decision. In December 2023, the Ontario Superior Court of Justice ruled that the second-generation cut-off in the Citizenship Act was unconstitutional. The court instructed the government to fix the law and initially gave six months to act, later extending the deadline to March 19, 2025.

The government first proposed Bill C-71 to address the issue, allowing citizenship for children if their Canadian parents had lived in Canada for at least 1,095 days before their birth or adoption.

However, Prime Minister Justin Trudeau’s resignation in January 2025 and the temporary suspension of Parliament ended that Bill’s progress. The government then introduced Bill C-3 to meet the court’s demands and create a long-term solution.

What’s next for Bill C-3

If the Senate approves the Bill without changes, it could receive Royal Assent in the coming months. Once that happens, thousands of Canadians abroad may gain the right to pass on their citizenship to their children—something long out of reach under the current law.