A Brief and Complicated History

Prior to January 1, 1947, there was no legal concept of “Canadian citizen.” People inside Canada were generally referred to as British subjects and status flowed through imperial nationality law.

There was no generational limit because citizenship as we know it didn’t exist.

Canada created its own citizenship (and therefore, Act) for the first time in 1947 which stated that citizenship could be passed to children born abroad and there was no clear generational cutoff. However, many people acquired or lost citizenship automatically based on: age 21 retention rules; marital status; legitimacy; and place of birth.

This era created the group later called “Lost Canadians.”

A modernization to the Act came in 1977 which aimed to remove many of the discriminatory rules and allowed citizenship by descent without a strict generational cap. However, it introduced retention requirement, and children born abroad sometimes had to apply to retain citizenship by age 28.

By the late 1990s and early 2000s, the federal government became concerned about Canadians living permanently abroad with little or no connection to Canada. It referred to them as “Citizens of Convenience” including Children and grandchildren of Canadians who had never lived in Canada and relied on Canada only in emergencies. The 2006 Lebanon evacuation was a turning point whereby the Canadian government evacuated tens of thousands of citizens, many of whom had never lived in Canada. This sparked political and public debate about the meaning of citizenship and directly influenced reforms.

Finally, Bill C-37, in force April 2009, introducing the first-generation limit which meant citizenship by descent was limited to the first generation born abroad. The government rationalized this decision to ensure a meaningful connection to Canada, prevent citizenship from being passed indefinitely abroad, and to encourage families to establish ties in Canada before passing citizenship on.

While Bill C-37 corrected some historical injustices, it also created new ones. It excluded children of Canadian citizens serving abroad and families with transnational lives. The Bill left several children born abroad ‘stateless’ which led to litigation arguing inequality and Charter violations.

In late 2025, after several years of debate, Bill C-3, an Act to amend the Citizenship Act (2025) came into force on December 15, 2025. Here are some of the key changes:

Removal of the First-Generation Limit to Citizenship by Descent

Under previous legislation, a Canadian citizen could typically only pass citizenship to a child born outside Canada if one of the child’s parent was the first generation born or naturalized in Canada. Bill C-3 removes that limit, allowing citizenship to pass beyond the first generation in many (but not all) cases.

Expanded Citizenship for People Already Born Abroad (prior to December 15, 2025)

Many people born abroad in the second or later generation (and who would have been Canadian except for the old first-generation limit) may now be considered Canadian citizens retrospectively and may apply for proof of citizenship.

That includes:

Adoption Rules Aligned with Birth Rules

The changes also apply to adopted children born outside Canada:

“Lost Canadians”

Bill C-3 formally restores citizenship to people who lost it under old provisions and to descendants who were excluded after earlier legislative reforms (2009, 2015).

This largely resolves the issues raised in legal challenges, such as the Ontario Superior Court’s finding that the old first-generation limit was unconstitutional.

‘Substantial Connection’ Test Moving Forward

For children born or adopted abroad on or after December 15, 2025, the parent can now pass on citizenship beyond the first generation if the Canadian parent:

This requirement is intended to ensure a real connection to Canada while expanding eligibility and maintaining fairness.