CIMM – Questions and Answers – October 2, 2025
Bill C-3, An Act to amend the Citizenship Act
Q1. The Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional for many people born abroad beyond the first generation. Why is new government legislation needed?
In the Bjorkquist litigation, the Ontario Superior Court of Justice deemed key provisions of the first-generation limit unconstitutional. The Government of Canada has until November 20, 2025, to bring into force remedial legislation; otherwise, the first-generation limit will cease to have any effect for many.
If this is the case, there will be no limit to the passing of citizenship by descent for many people born to Canadian citizens abroad. The government is introducing new legislation to address the Ontario Superior Court of Justice’s decision, while preserving the value of Canadian citizenship by introducing reasonable limits to citizenship by descent going forward.
Q2. Who is a “Lost Canadian” and how many of them and their descendants will receive Canadian citizenship as a result of this legislation? Do you know if they're in Canada or abroad, and if so from which countries? Are you concerned about an influx?
The term “Lost Canadians” has generally been used to describe those who lost or never received citizenship due to former outdated citizenship laws. In some cases, people lost their citizenship or were denied it even though they had strong ties to Canada, or had spent most of their lives here. Most older “Lost Canadian” cases were fixed by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. The Department did not experience a significant surge in proof of citizenship applications following the 2009 or 2015 legislative amendments.
Despite this, additional changes are needed to include certain remaining categories of “Lost Canadians” and their descendants who did not benefit from the 2009 and 2015 changes.
This is what we do know about the three cohorts who will benefit from this bill:
Section 8 “Lost Canadians”: This includes those born abroad in the second or subsequent generations who lost citizenship as a result of the former retention requirements. The number of remaining section 8 “Lost Canadians” is estimated to be low and this number has been decreasing as time passes. While previously Immigration, Refugees and Citizenship Canada (IRCC) was receiving between 35 and 40 applications per year, since 2020, less than a dozen people on average have come forward per year to apply to regain citizenship through a discretionary grant of citizenship.
The already-born descendants of previously remedied “Lost Canadians”: These are individuals whose parent or grandparent was remedied by the 2009 and 2015 legislative changes but who themselves were excluded from citizenship as a result of the first-generation limit. What is known for this group is that in total, approximately 21,500 individuals who were considered “Lost Canadians,” have been issued citizenship certificates as a result of the amendments in 2009 and 2015. Legislation would now confer citizenship to their descendants.
Those born after 2009 (but before the new legislation is enacted) who would have been citizens were it not for the first-generation limit: It is not possible to estimate the number of individuals born abroad since the first-generation limit was implemented in 2009; however, we know this cohort would be composed of minors 16 and under in 2025. IRCC is aware that between January 2024 and April 2025, approximately 1,650 applications for proof of citizenship were identified as being impacted by the first-generation limit.
Q3. Why are “Lost Canadians” and their descendants—and anyone born abroad to a Canadian citizen parent beyond the first generation before the coming into force of the legislation—automatically citizens, while others born abroad after this legislation is in force must prove their Canadian parent has substantial ties to Canada?
The intent of the legislation is to automatically remedy the status of anyone who would be a citizen were it not for the first-generation limit, and at the same time, to establish a new framework for citizenship by descent going forward that will allow for access to citizenship beyond the first generation based on a substantial connection to Canada. This will protect the value of citizenship by descent moving forward.
No substantial connection to Canada requirements are being placed on persons born before the legislation comes into force because establishing new requirements retroactively would likely create new cohorts of “Lost Canadians.”
Q4. How will people—including Lost Canadians—automatically get Canadian citizenship if the Government of Canada doesn’t know who they are, or where?
If the bill passes as drafted, affected individuals will have the choice of whether or not they wish to come forward to IRCC to seek proof of citizenship in the form of a citizenship certificate to confirm their status. This information will be proactively communicated to the public to ensure that parents have the necessary information to make an informed decision for their family.
Q5. Will anyone lose citizenship as a result of Bill C-3, An Act to amend the Citizenship Act?
No. The bill seeks to expand citizenship, not take it away from anyone who is already a citizen.
Q6. Is it possible that someone who has a criminal conviction or is incarcerated would become a citizen automatically, as a result of the bill? And, if so, can their citizenship be revoked?
Someone who has a criminal conviction or is incarcerated would become a citizen automatically if they meet the requirements (i.e. they were born to a Canadian citizen parent) because citizens by descent are not subject to security requirements. Their criminality would not result in them losing citizenship and their citizenship can’t be taken away through a revocation proceeding for this reason.
Q7. Some individuals may not wish to become Canadian citizens (for example, for legal, professional or other reasons). Will they be able to renounce their citizenship?
Yes. Those who become citizens as a result of this bill but who do not wish to will be able to renounce their citizenship through an existing simplified renunciation process if they were born before the coming into force of the legislation.
Q8. Can you explain whether citizenship will be restored to individuals who were previously denied proof of citizenship? What is the process?
If someone believes they have a claim to citizenship under the new legislation, they can apply for proof of their citizenship once the new citizenship law takes effect. We will provide more information on our website.
Q9. What consultations were held in the development of this legislation, and what feedback was received from stakeholders and experts in the field of immigration and citizenship?
The Government of Canada worked closely with members of Parliament on former bills S-245 and C-71, as well as with citizenship stakeholders. Bill C-3 considers the work the House of Commons and Senate have done, while comprehensively addressing the issues raised by the Ontario Superior Court of Justice.
Q10. What type of proof or criteria will IRCC be looking for to establish “a substantial connection to Canada”?
A Canadian citizen parent who was born abroad and obtained citizenship through descent must prove that they have a substantial connection to Canada to be able to pass on their citizenship to a child born abroad or to access the direct grant of citizenship for a child adopted abroad. Substantial connection is defined as 1,095 days (cumulative) of physical presence in Canada before the birth or adoption of their child. Some examples of proof could include school enrollment records or transcripts, or border entry or exit documentation.