Restoring Citizenship Rights of “Lost Canadians”: What Bill C-3 Means for Canadians Abroad
- Guillermo Cruz-Rico
- 3 days ago
- 6 min read
Bill C-3 restores citizenship rights to many “Lost Canadians” who were excluded under old rules, including those affected by the first-generation limit. It grants retroactive citizenship to people born abroad before the law comes into force and introduces a new “substantial connection” test for future births abroad. If you want to lear more, read this article.
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Introduction — A New Era for Canadians Living Overseas
For decades, thousands of Canadian families living overseas were affected by outdated citizenship rules that limited or prevented the transmission of citizenship to their children. These individuals—commonly known as “Lost Canadians”—fell into gaps created by discriminatory historic rules, inconsistent amendments, and the restrictive first-generation limit introduced in 2009.
With Bill C-3 (2025) now enacted, Canada is entering a major new chapter in citizenship law. The Bill restores or grants citizenship to many people who were previously excluded and introduces a clearer, modern framework for future generations. For Canadians abroad, this is the most meaningful reform in more than 40 years.
Who Are the “Lost Canadians”who benefit of Restoring Citizenship Rights, ?
Historical Exclusions
“Lost Canadians” refers to individuals who lost or never acquired citizenship due to outdated provisions in earlier versions of the Citizenship Act. These rules discriminated based on:
the sex or marital status of a parent
the place of birth
the naturalization status of parents
administrative barriers such as retention requirements
Although the 1977 Citizenship Act removed several discriminatory provisions, many people continued to fall through the cracks, and subsequent amendments solved some problems while inadvertently creating others.
How the Old Rules Affected Families Abroad
Many Canadians living overseas were unable to transmit citizenship—even when they themselves were Canadian citizens by descent. This fractured families, created uncertainty, and failed to reflect the realities of a globally mobile Canadian community.
The First-Generation Limit and Its Impact
What Changed in 2009
In 2009, Bill C-37 introduced the first-generation limit:
A Canadian citizen could pass on citizenship to a child born abroad only if the parent was:
born in Canada, or
naturalized before the child’s birth.
As a result, Canadians born abroad to Canadian parents—citizens “by descent”—could not pass on citizenship to their own children born outside Canada.
Result: A Growing Community of “Lost Canadians”
Families abroad for work, study, diplomatic assignments, or military service were disproportionately affected. Many children were born without citizenship, despite strong Canadian family ties.
The Bjorkquist Decision: Why the Law Had to Change
On 19 December 2023, the Ontario Superior Court released its landmark ruling in Bjorkquist et al. v. Attorney General of Canada, declaring the first-generation limit unconstitutional. The Court held that it violated:
Section 6 (mobility rights)
Section 15 (equality rights)
The decision found that Canadians born abroad were treated as “second-tier” citizens and that the rule placed disproportionate pressure—particularly on women—to return to Canada to give birth.
The declaration of invalidity was suspended until 20 January 2026, giving Parliament time to act. Bill C-3 is Parliament’s response.3. El papel de las provincias: a veces decisivo, a veces inadvertido
If you or your family may be affected by Bill C-3, MC Law Firm can assist you with:
confirming eligibility
preparing Proof of Citizenship applications
reassessing past refusals
reviewing your physical-presence history
planning for births or adoptions abroad
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What Bill C-3 Does — Key Reforms
Bill C-3 introduces the most significant overhaul of citizenship by descent since 1977. Its reforms fall into three main categories.
1. Automatic, Retroactive Citizenship for Many Born Abroad
Individuals born outside Canada before the law comes into force will automatically obtain citizenship if:
they had a Canadian citizen parent at birth
and no statutory exception applies
They must still apply for a Proof of Citizenship certificate to confirm status, but the right itself is granted automatically.
2. A New “Substantial Connection” Test for Future Births Abroad
For children born abroad after the law comes into force, a Canadian parent may transmit citizenship if the parent has:
→ At least 1,095 days (three years) of physical presence in Canada before the child’s birth.
This replaces the first-generation limit and aligns with the physical-presence requirement for naturalization. It is intended to meet the Charter concerns identified in Bjorkquist while preserving a meaningful connection to Canada.
3. Updated Rules for Adopted Children Born Abroad
Children adopted abroad—beyond the first generation—may obtain citizenship if the adopting parent meets the new substantial-connection requirement. This replaces reliance on discretionary grants and provides greater predictability for adoptive families.
Who Qualifies Under Bill C-3?
Bill C-3 benefits several groups:
Canadians Born Abroad Raising Children Abroad
Parents who were previously told they could not pass on citizenship may now qualify, depending on the child’s date of birth and the parent’s physical presence in Canada.
People Affected by Pre-1977 Discriminatory Rules
Individuals impacted by:
sex-based discrimination
“out-of-wedlock” restrictions
legitimization rules
outdated naturalization provisions
may now automatically acquire citizenship retroactively.
Adopted Children Born Abroad
Second-generation Canadians adopting abroad now have a clearer path to citizenship for their children.
The New Substantial-Connection Requirement
What Counts as Physical Presence?
Evidence may include:
tax filings
employment records
leases or property ownership
school records
utility bills
border entry records
long-term visits or residence in Canada
W1hy 1,095 Days?
Parliament chose the three-year standard to align citizenship transmission with naturalization requirements, creating consistency and addressing the Charter issues identified by the Court.
Families abroad should begin gathering evidence early—especially if planning births or adoptions outside Canada.
Transitional Period: Until January 20, 2026
Bill C-3 received Royal Assent on 20 November 2025, but implementation requires:
new regulations
IRCC program delivery updates
operational changes to processing systems
Until the new law officially comes into force:
the first-generation limit technically remains in place
IRCC may rely on s. 5(4) discretionary authority
applicants may need to supplement or resubmit documents
Transitional uncertainty is expected, but outcomes will improve once the framework is fully implemente
Practical Steps for Canadians Abroad
1. Reassess Past Refusals
If you were previously refused due to the first-generation limit or historic rules, your case may now succeed under the new framework.
2. Gather Physical-Presence Evidence
Documents may include:
tax returns
employment letters
rental or ownership records
travel history
utility bills
education or training records
3. File Proof of Citizenship Applications
Even when citizenship is automatic, applicants must obtain a certificate to formalize status.
4. Monitor IRCC Announcements
Expect new regulations and program updates clarifying:
procedures
forms
evidentiary requirements
timing
Remaining Gaps and Areas to Watch
Potential Charter Challenges
The three-year requirement may face scrutiny if:
it disproportionately affects certain groups, or
it reproduces inequities similar to those struck down in Bjorkquist.
Adoption-Related Concerns
Advocates caution that implementation must avoid treating adopted children less favourably than biological children.
Operational Delays
Processing times may be affected during the transition period.
Conclusion — A Landmark Reform for Global Canadian Families
Bill C-3 is one of the most important developments in Canadian citizenship law in decades. It restores fairness, corrects long-standing inequities, and recognizes the realities of modern, global Canadian families.
The reforms benefit:
Canadians born abroad
families raising children overseas
individuals excluded by pre-1977 discrimination
adopted children
descendants of Canadians previously denied citizenship
Although implementation details are forthcoming, Bill C-3 sets the foundation for a more inclusive and Charter-compliant citizenship system.
Frequently Asked Questions (FAQ)
1. Does Bill C-3 automatically make me a Canadian citizen?
If you were born abroad before the law comes into force and had a Canadian parent at birth, you may obtain citizenship automatically. You must still apply for a Proof of Citizenship certificate.
My child was refused citizenship before. Should I reapply?
Yes. Many refusals under the first-generation limit will now be reconsidered..
What if my child will be born abroad after the new law takes effect?
You may transmit citizenship if you, as the Canadian parent, have 1,095 days of physical presence in Canada before the child’s birth.
When will the new rules apply?
The government has until 20 January 2026 to complete implementation. IRCC will issue guidance.
¿Las ONGs pueden hacer que un tratado sea ejecutable?
No. Su influencia es persuasiva, no vinculante.
Do adopted children qualify?
Yes—if the Canadian parent meets the substantial-connection requirement.
If you or your family may be affected by Bill C-3, MC Law Firm can assist you with:
confirming eligibility
preparing Proof of Citizenship applications
reassessing past refusals
reviewing your physical-presence history
planning for births or adoptions abroad
*Guillermo Cruz-Rico is a Mexican-Canadian lawyer, consultant, and entrepreneur, licensed to practise in both Ontario, Canada, and Mexico. With more than two decades of experience, he has established himself as a leading authority on cross-border legal matters between Mexico and Canada. His career blends legal practice, institutional work, and a commitment to building bridges between both countries. To learn more about his professional background and credentials, click here.
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