After years of legal battles and parliamentary debates, Canada has finally passed groundbreaking legislation that restores citizenship rights to thousands of people known as "Lost Canadians." Bill C-3 received royal assent on November 21, 2025, marking a significant milestone in fixing what courts deemed an unconstitutional approach to citizenship by descent.

The new law addresses a critical gap that left children born abroad to Canadian parents—who were themselves born outside Canada—unable to claim Canadian citizenship. This change affects families worldwide who maintain strong ties to Canada but were previously excluded due to outdated rules.

What Is the Lost Canadians Issue?

The term "Lost Canadians" refers to individuals who should have been entitled to Canadian citizenship but were excluded due to legislative gaps and outdated provisions in the Citizenship Act. The most significant issue involved the first-generation limit rule implemented in 2009, which prevented Canadians born abroad from passing citizenship to their children born outside Canada.

In December 2023, the Ontario Superior Court ruled this first-generation cutoff unconstitutional, giving the federal government a deadline to amend the legislation. After multiple extensions and the failure of Bill C-71 due to parliamentary prorogation, Bill C-3 was introduced and successfully passed through both the House of Commons and Senate.

How the New Citizenship Law Works

The Substantial Connection Test

Under Bill C-3, Canadian citizenship can now be passed to children born or adopted abroad beyond the first generation, provided the Canadian parent demonstrates a "substantial connection" to Canada. This requires the parent to have spent a cumulative 1,095 days (equivalent to three years) in Canada before the child's birth or adoption.

This substantial connection test ensures that citizenship by descent maintains meaningful ties to Canada while allowing modern, globally mobile families to preserve their Canadian heritage across generations.

Who Benefits from Bill C-3?

The new legislation provides automatic citizenship restoration or eligibility to several groups:

• Children born or adopted abroad before December 19, 2023 to Canadian parents who were themselves born outside Canada
• Children born or adopted after December 19, 2023 whose Canadian parent meets the substantial connection requirement
• Individuals born abroad before April 1, 1949 with a Canadian parent affected by the first-generation limit
• Those who lost citizenship due to unmet retention requirements under former Section 8 of the Citizenship Act

The Path Forward: When Does Bill C-3 Take Effect?

While Bill C-3 has received royal assent, it will come into force on a date set by order in council, which will be publicly announced. Until then, an interim measure remains in place for people impacted by the first-generation limit, allowing them to apply for discretionary grants of citizenship.

Individuals who believe they qualify under the new rules can begin preparing their applications by gathering documentation that proves:

• Their parent's Canadian citizenship status
• Their parent's physical presence in Canada for at least 1,095 days
• Their own birth or adoption records

Remaining Concerns: Intercountry Adoptees

Despite the legislation's passage, some concerns remain about how it treats intercountry adoptees—children adopted internationally by Canadian parents and raised in Canada. Saskatchewan Senator David Arnot argued that applying the substantial connection test to these adoptees creates unfair discrimination compared to domestically adopted children.

Immigration lawyers have been retained for a potential Charter challenge, arguing that intercountry adoptees should receive the same treatment as domestic adoptees and not face additional requirements to pass citizenship to their own children born abroad. Advocates hope for a legislative solution rather than another court battle.

What This Means for Canadian Families Worldwide

For thousands of families living abroad while maintaining ties to Canada, Bill C-3 represents long-awaited recognition of their Canadian identity. Parents working internationally, diplomats, military personnel, and expatriates can now confidently plan their families without fear of severing their children's connection to Canada.

The legislation also sends a clear message about Canada's values: citizenship is not merely a bureaucratic status but a reflection of genuine connection, shared values, and meaningful participation in Canadian society.

Applying for Citizenship Under the New Rules

Once Bill C-3 comes into force, affected individuals can apply for proof of Canadian citizenship through Immigration, Refugees and Citizenship Canada (IRCC). The application process will require:

1. Completion of the citizenship application form
2. Proof of the Canadian parent's citizenship
3. Documentation of the parent's 1,095 days of physical presence in Canada
4. Birth or adoption certificates
5. Payment of application fees

For those with urgent needs, discretionary grants with expedited processing may be available in specific circumstances, such as medical emergencies, employment requirements, or educational opportunities.

The Historical Context of Lost Canadians

The Lost Canadians issue has deep roots in Canada's evolving citizenship laws. Before 1947, Canada did not have a distinct citizenship—Canadians were British subjects. The 1947 Canadian Citizenship Act created Canadian citizenship, but numerous amendments over the decades created gaps that excluded certain groups.

Previous attempts to address these gaps included the 2009 amendments that inadvertently created the first-generation limit. Advocacy groups led by individuals like Don Chapman, founder of the Lost Canadians movement, spent years bringing attention to these injustices and pushing for comprehensive reform.

Frequently Asked Questions About Bill C-3

When will Bill C-3 officially come into effect?

Bill C-3 will come into force on a date set by order in council. The government will announce this date publicly. Until then, interim measures allow affected individuals to apply for discretionary grants of citizenship.

Do I need to prove my parent lived in Canada for three consecutive years?

No, the 1,095-day requirement is cumulative, not consecutive. Your Canadian parent can count any days spent in Canada throughout their lifetime, as long as the total adds up to at least three years.

What if my parent cannot prove 1,095 days in Canada?

If your parent cannot meet the substantial connection test, you may still be eligible under other provisions if you were born before the law comes into force. Consult with an immigration lawyer to explore your options.

Does this law apply retroactively?

Yes, Bill C-3 provides citizenship to people born before the law comes into force who would have been citizens if not for the first-generation limit or other outdated rules.

Can I apply for citizenship now, before Bill C-3 comes into force?

Yes, interim measures allow affected individuals to apply for discretionary grants of citizenship while waiting for Bill C-3 to come into force.

Moving Forward: A More Inclusive Canada

Bill C-3 represents a significant step toward modernizing Canada's citizenship laws to reflect the realities of 21st-century life. As globalization continues to shape how families live and work, the new legislation acknowledges that Canadian identity can be maintained and passed down even when families live abroad.

For the thousands of Lost Canadians who have waited years for this recognition, Bill C-3 is more than just legislation—it's a restoration of identity, belonging, and the right to call themselves Canadian. As Immigration Minister Lena Metlege Diab stated, these changes "will strengthen and protect Canadian citizenship" while bringing fairness to families with children born or adopted abroad.

The passage of Bill C-3 demonstrates Canada's commitment to inclusive citizenship policies that recognize the changing nature of families and work in a globalized world. While challenges remain—particularly for intercountry adoptees—the legislation marks substantial progress toward ensuring that Canadian citizenship reflects meaningful connections rather than arbitrary limitations.