CIMM – Bill Comparison Chart – October 2, 2025

[Redacted] appears where sensitive information has been removed in accordance with the principles of the Access to Information Act and the Privacy Act.

Access to citizenship by descent for persons born abroad: Bill S-245 (at Second Reading, as amended by CIMM) and Bill C-3

Bottom Line Upfront:

When initially introduced, Bill S-245 aimed to address the remaining Section 8 Lost Canadians and seemed to push the application of the first-generation limit from April 17, 2009, to June 11, 2015.
Through the Standing Committee on Citizenship and Immigration (CIMM), several amendments were made to extend citizenship by descent to people born after April 16, 2009, in the second generation or beyond if their Canadian parent could demonstrate a substantial connection to Canada before the birth of the child (1,095 days [3 years] cumulative physical presence in Canada).
A similar scheme applied to children adopted abroad by Canadians to ensure that these two cohorts were treated as similarly as possible.
Bill C-3 considers the work the House of Commons and Senate had done on Bill S-245, while more comprehensively addressing the issues raised by the Ontario Superior Court of Justice, which declared key provisions of the first-generation limit unconstitutional.
Specifically, it addresses those impacted by the first-generation limit, including the descendants of Lost Canadians remedied in 2009 and 2015, regardless of when they were born, and the remaining Section 8 Lost Canadians.
Similar to Bill S-245, C-3 proposes a requirement of 1,095 cumulative days (three years) of physical presence in Canada by a parent before the birth abroad or adoption of their child born abroad to access citizenship beyond the first generation.
- In this way, like Bill S-245, Bill C-3 seeks to protect the value of citizenship by limiting the ability of citizens by descent born abroad in the first generation and beyond to pass on Canadian citizenship to their child born abroad unless they have established and maintained a connection to Canada.
- The main difference is the date on which this requirement is imposed. Under S-245, it was imposed on those born after April 16, 2009, which would mean people would need to meet the requirement retroactively. Under C-3, it would not apply to those born before the bill becomes law. The requirement of 1,095 cumulative days of physical presence in Canada by a parent before the birth or adoption abroad is only a requirement for those born on or after the bill becomes law.
Like S-245, C-3 does not impose any security screening on this cohort of citizens by descent because, like all citizens by descent today, they are born citizens and are not subject to screening. Additionally, they are largely low risk:
- born after 2009 and still a minor under 16 years old in 2025; and,
- children born abroad on a go forward basis.
Lost Canadians (adults) remedied by the 2009 and 2015 amendments were also not subject to security screening, and C-3 continues with this approach.
The table shows the evolution of S-245 from Second Reading to CIMM, and highlights the key similarities and differences to Bill C-3.
Bill C-3 substantively mirrors Bill C-71, which contained a few technical provisions to ensure alignment with Bill S-17 Miscellaneous Statute Law Amendment, which died upon prorogation of Parliament. These provisions have been removed from Bill C-3 as they are no longer needed.

Bill Comparison Chart
Affected cohorts	Bill S-245 (at Second Reading)	Treatment under Bill S-245 (as amended by CIMM)	Treatment under Bill C-3
Section 8 Lost Canadians	Would remedy those who lost citizenship as a result of the former Section 8 retention requirements because they did not apply to retain their citizenship. Would not remedy those who made an application to retain citizenship that was unsuccessful. Affected persons would become automatic citizens by descent. The bill does not clarify their effective date of citizenship.	Would remedy all those who lost citizenship as a result of the former Section 8 retention requirements, irrespective of if they never applied to retain or if they made an application but were unsuccessful. Affected persons would become automatic citizens by descent when the bill becomes law, retroactive to the date of loss.	Equivalent to S-245 (as amended by CIMM) Will remedy all those who lost citizenship as a result of the former Section 8 retention requirements, irrespective of if they never applied to retain or if they made an application but were unsuccessful. Affected persons will become automatic citizens by descent when the bill becomes law, retroactive to the date of loss.
Persons born abroad beyond the first generation to a Canadian citizen parent (Outside of Section 8 Lost Canadians)	Appeared to provide automatic citizenship by descent for those born abroad to a Canadian citizen parent beyond the first generation only if that person: Was born after April, 16, 2009, and before June 11, 2015. Would have the effect of moving the starting application date of the first generation limit to citizenship by descent from April 17, 2009, to June 11, 2015.	Would provide automatic citizenship by descent from birth for those born abroad to a Canadian citizen parent beyond the first generation only if that person is: born after April 16, 2009; and if the Canadian citizen parent is able to demonstrate substantial connection before the birth of the child (three cumulative years of physical presence in Canada). Other than the Section 8 Lost Canadians, Bill S-245 would not extend citizenship to anyone who was born abroad beyond the first generation if they were born before April 16, 2009. As a result, it excluded descendants of remedied Lost Canadians whose status was previously restored by the 2009 or 2015 legislative amendments. [Redacted]	More comprehensive than Bill S-245 (as amended by CIMM) Anyone born abroad to a Canadian citizen parent before the bill is law will become an automatic citizen by descent retroactive to their date of birth. This will capture the descendants of previously remedied Lost Canadians. Anyone born abroad to a Canadian citizen parent beyond the first generation on or after the bill is law will become an automatic citizen by descent from birth if: the Canadian citizen parent is able to demonstrate substantial connection before the birth of the child (three cumulative years of physical presence in Canada). The intent of the new legislation is to address the long-standing issue of Lost Canadians as well as those who would have been a Canadian citizen had it not been for the first-generation limit introduced in 2009.
International adoptees	N/A – Bill S-245 did not have any provisions that dealt with adopted persons.	Would allow for access to the direct adoptions grant of citizenship beyond the first generation for those whose adoptive Canadian citizen parent meets the substantial connection requirement before the adoption (three cumulative years of physical presence in Canada prior to the child’s adoption).	More inclusive than Bill S-245 Those adopted abroad by a Canadian citizen parent before the bill is law will have access to the direct adoptions grant irrespective of generation, without having to meet a substantial connection test. Those adopted abroad beyond the first generation on or after the bill is law will have access to the direct adoptions grant of citizenship if their adoptive Canadian citizen parent meets the same substantial connection requirement as is required for those born abroad beyond the first generation. This will, as much as is possible, equalize the treatment of those born abroad to a Canadian citizen parent and those adopted abroad by a Canadian citizen parent, both before and after the bill is law.
Those who become citizens who do not wish to be	Authority to make regulations so that an individual who previously lost citizenship under the former Section 8 provisions (because they did not apply to retain their citizenship) who becomes an automatic citizen under Bill S-245 but does not wish to be a Canadian citizen would have access to the existing simplified renunciation process.	Authority to make regulations so that an individual who previously lost citizenship under the former Section 8 provisions who becomes an automatic citizen under Bill S-245 but does not wish to be a Canadian citizen would have access to the existing simplified renunciation process. An individual born abroad after April 16, 2009, beyond the first generation who becomes an automatic citizen by descent because their Canadian citizen parent meets the substantial connection requirement, but who does not wish to be a Canadian citizen, would have to access a new “opt-out” process that would deem them to have never been a citizen.	More streamlined access than Bill S-245 Authority to make regulations so that anyone born before the bill becomes law who automatically becomes a citizen as a result of the legislation but who does not wish to become a Canadian citizen—including where that person is a restored Section 8 Lost Canadian—will have access to the existing simplified renunciation process. Anyone born a Canadian citizen on or after the coming into force of the new legislation as a result of their Canadian citizen parent meeting the substantial connection requirement but who does not wish to be a citizen has the same access to the regular renunciation process as any other Canadian citizen currently does.
All Canadian citizens	Any person who was a Canadian citizen before the bill is law would remain a Canadian citizen after; the legislation would not take citizenship status away from anyone already a citizen.	Any person who was a Canadian citizen before the bill is law would remain a Canadian citizen after; the legislation would not take citizenship status away from anyone already a citizen.	Equivalent to Bill S-245 (at Second Reading and as amended by CIMM) Any person who was a Canadian citizen before the bill is law will remain a Canadian citizen after; the legislation will not take citizenship status away from anyone already a citizen.
Canadian citizens by way of grant	N/A	Any person who is a citizen by way of grant who automatically becomes a citizen by descent as a result of the bill would be deemed to have never been a citizen by way of grant.	Equivalent to Bill S-245 (as amended by CIMM) Any person who is a citizen by way of grant who automatically becomes a citizen by descent as a result of the new legislation will be deemed to have never been a citizen by way of grant.
All persons affected by the changes	The bill would come into force on Royal Assent.	The bill would come into force on a date fixed by order of the Governor in Council no later than 548 days/1.5 years after Royal Assent.	More expedient than Bill S-245 (as amended by CIMM) The bill comes into force on a day to be fixed by the order of the Governor in Council.

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2026-01-30

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CIMM – Bill Comparison Chart – October 2, 2025

Bottom Line Upfront:

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