How to Claim Canadian Citizenship by Descent Under Canada’s New Citizenship Act Bill C-3

Canada has completed a long-overdue overhaul of its citizenship by descent rules. Bill C-3, An Act to amend the Citizenship Act, is in force, permanently ending the first-generation limit that prevented thousands of people worldwide from being recognised as Canadian citizens.

The amended law restores Canadian citizenship to many individuals who were excluded solely because their Canadian parent was also born or adopted outside Canada. For affected families, this is not a future promise or policy intention. It is settled law. People who qualify under the revised rules are now considered Canadian citizens and may apply for proof of citizenship under the Citizenship Act.

At the same time, the legislation establishes a clear and durable framework going forward. Citizenship by descent can continue beyond the first generation, but only where a meaningful connection to Canada exists. This balances the need to correct an unconstitutional restriction with the government’s stated objective of maintaining limits on automatic citizenship transmission.

Together, these changes bring long-awaited certainty to Lost Canadians and their descendants, while providing a stable, predictable citizenship regime for future generations.

On this page you will find

• How Bill C-3 changed Canada’s citizenship by descent rules
• Why the first-generation limit was unconstitutional
• Who is now recognised as Canadian automatically
• How citizenship can flow through parents, grandparents, and great-grandparents
• Examples of multigenerational citizenship restoration
• The difference between proof of citizenship and a grant of citizenship
• New rules for children born or adopted abroad after Bill C-3
• What documents are needed to support a claim
• Why many applications are complex and document-heavy
• Whether to apply on paper or online under the new law

The Unconstitutional Barrier: The First-Generation Limit

Since 2009, Canadian law generally imposed a rigid rule: citizenship could only be passed down for one generation born outside of Canada.

This created the class of “Lost Canadians” – descendants of Canadian citizens who, through no fault of their own, were cut off from their birthright because their Canadian parents had also been born abroad. This limit was successfully challenged in court as being discriminatory, leading directly to the creation of Bill C-3.

The key breakthrough of the new law is that it grants citizenship retroactively to people born before the coming-into-force date who were affected by the FGL, effectively removing the generational limit for them.

Multigenerational Restoration: Citizenship Through Ancestry

Bill C-3’s retroactive provision now allows for citizenship to flow beyond the first generation, recognizing the entire chain of descent provided there is an original anchor (an ancestor who was a Canadian citizen, either by birth in Canada or by naturalization).

For individuals who were born outside Canada before the bill takes effect, the process is now focused on proving the direct lineal link to the Canadian ancestor.

Canadian Citizenship Descent Table 

Example 1: Citizenship Through a Grandparent (The Common Case)

In this scenario, the applicant is the grandchild of the original citizen.

• Generation 1 (Original Citizen): Your Grandparent was a Canadian Citizen.
• Generation 2 (Your Parent): Born abroad, but was a citizen by descent until the FGL cut the link for the next generation.
• Generation 3 (You, the Applicant): Born abroad, and was previously excluded by the FGL.

The Result Under Bill C-3: Because Bill C-3 retroactively cancels the FGL for those born in the past, your Parent is now deemed to have retained their citizenship, and therefore, you were born to a Canadian citizen and are now recognized as a Canadian citizen from birth.

This resolution holds true even if your parents never claimed or applied for their Canadian citizenship status. The key is that they would have been a citizen but for the FGL.

Example 2: Reaching Back to the Great-Grandparent (Or Beyond)

The new law allows the restored citizenship to travel up the family tree and flow back down, reaching individuals whose connection is three generations removed from the original Canadian anchor.

• Generation 1 (Original Citizen): Your Great-Grandparent was a Canadian Citizen.
• Generation 2 (Your Grandparent): Born abroad.
• Generation 3 (Your Parent): Born abroad.
• Generation 4 (You, the Applicant): Born abroad, previously excluded.

The Result Under Bill C-3: The law will sequentially recognize citizenship in the lineage:

1. The Grandparent is retroactively recognized as a citizen.
2. The Parent is retroactively recognized as a citizen.
3. You are now recognized as a Canadian citizen at birth.

This is a significant victory for people tracing their lineage, as the law, for past births, does not set an arbitrary limit on how far back the Canadian ancestor can be.

The Nature of the Claim (Automatic & Retroactive)

The individuals targeted by Bill C-3, are not applying for a “grant” of citizenship that has an expiration date. Instead, an applicant is applying for “proof of citizenship” (a Citizenship Certificate) for a status that the law now recognizes the claimant has held since birth.

• Status: A claimant’s citizenship status is deemed automatic and retroactive. The new law corrected the historical errors that previously cut off one’s right to citizenship.
• No Deadline: Because citizenship is a recognized right, there is no deadline to file the application to claim a Citizenship Certificate. One can apply at any time in the future.

The New Framework: A “Substantial Connection” Requirement

While Bill C-3 repairs the past, it also establishes a new, clearer framework for future citizenship transmission to protect the value of Canadian citizenship and ensure a meaningful link to the country.

For children born on or after the date the bill officially comes into force, a new requirement will apply if the Canadian parent was also born abroad (i.e., citizenship is being passed on past the first generation once again):

The Canadian parent must demonstrate a Substantial Connection to Canada, defined as having accumulated at least 1,095 cumulative days (three years) of physical presence in Canada before the child’s birth or adoption.

This means:

• Citizens born in Canada or naturalized in Canada: Still pass citizenship automatically to their children born abroad.
• Citizens born abroad (who now pass on citizenship): Must demonstrate their three years of physical residence in Canada for their children born after the bill’s in-force date to acquire citizenship at birth.

Next Steps for Claimants

Individuals who believe they qualify for Canadian citizenship through a parent, grandparent, or great-grandparent should now focus on preparing a complete and well-supported application under the amended Citizenship Act.

The first step is gathering documentary evidence. This typically includes birth certificates, marriage records, adoption documents where applicable, and proof of Canadian citizenship for the original Canadian ancestor. In many cases, records span multiple countries and decades, requiring careful consistency between names, dates, and family relationships.

Because Bill C-3 operates retroactively, eligibility often depends on historical facts rather than simple checkboxes. Small gaps or inconsistencies in documentation can create uncertainty, even where a person clearly falls within the restored groups. Establishing the correct lineage and legal transmission of citizenship is therefore essential.

All applications are now assessed directly under the law in force. There are no interim measures or transitional pathways to rely on. Each file must stand on its own merits, supported by clear evidence that the applicant meets the statutory requirements.

Bill C-3 represents a permanent correction to Canada’s citizenship framework. For many families, it restores a legal status that should never have been lost. For others, it introduces new rules that require careful interpretation. In either case, precision and preparation are critical.

Find out if you are Canadian

Canada has a long and well-established tradition of record-keeping, much of it dating back to the 1800s. This depth of documentation is one reason many people are now able to confirm Canadian citizenship through ancestry, even where family connections go back several generations.

Federal censuses have been conducted regularly since the mid-19th century, with earlier colonial and parish records often filling gaps before Confederation. Birth, marriage, and death records are similarly extensive, particularly from the late 1800s onward, and are central to proving family relationships across generations. Together, these records often establish where an ancestor lived, how families were formed, and whether ties to Canada were continuous.

Immigration and naturalisation records provide another critical layer. Canada maintained detailed passenger lists, border records, and citizenship or naturalisation files well before modern immigration systems existed. These documents can show when an ancestor entered Canada, whether they became a British subject or later a Canadian citizen, and whether citizenship status was retained or lost under earlier laws.

Military records also play an important role. Service files from the Boer War, both World Wars, and later conflicts frequently include personal details that help confirm nationality and residence. Land records, including grants, petitions, and scrip, can further demonstrate long-term presence and legal ties to Canada.

Because these records exist and are often accessible today, many people can determine whether they are already Canadian under the current law by carefully reconstructing their family history using documentary evidence rather than assumption.

Working with a Licensed Immigration Lawyer

While Bill C-3 simplifies the legal standard (by removing the generational limit for past births), the application process itself remains an exercise in complex document retrieval and legal interpretation. Working with a licensed immigration lawyer is crucial for those tracing multigenerational descent for the following reasons:

a) Verification and Legal Admissibility

For individuals tracing their ancestry back to a grandparent or great-grandparent, the challenge is not legal theory but documentary proof. A trained lawyer specializes in reviewing the entire family timeline against various versions of the Citizenship Act that were in effect at the time of each ancestor’s birth (e.g., the 1947 Act, the 1977 Act, etc.).

Your application relies on proving that every ancestor in the chain, from the original Canadian down to you, would have been a Canadian citizen at the time of the next generation’s birth. A lawyer can pinpoint what documents are missing, correctly calculate dates of citizenship loss/retention, and address complications such as name changes, boundary shifts, and dual citizenship issues that could break the chain of descent.

b) Mitigating Risk and Maximizing Efficiency

Given the volume of expected applications under Bill C-3, the government is highly likely to reject applications that are incomplete, poorly organized, or lack essential supporting affidavits. A legal representative ensures:

• Accurate Application: They ensure that the specific forms for “Proof of Citizenship” are correctly completed, avoiding the long delays associated with IRCC returning an incomplete package.
• Handling Complexity: Cases involving death (where the ancestor never claimed citizenship), adoption, or births that occurred under complex old laws require specialized legal arguments and documentary submissions that go far beyond standard application forms.

Apply on paper or online?

Early indications suggest that most people applying for proof of Canadian citizenship under the amended citizenship by descent rules will need to apply on paper rather than online.

Immigration, Refugees and Citizenship Canada’s online citizenship certificate portal was designed around the former first-generation limit. More complex family histories, including cases involving second or later generations born abroad, adopted children, or descendants of Lost Canadians now recognised under Bill C-3, are better suited to paper applications.

A paper application allows applicants to fully explain their circumstances and submit supporting documents that demonstrate eligibility under the amended Citizenship Act.

Paper applications also give IRCC officers greater flexibility to assess cases that fall outside the standard templates built into the online system. This is particularly important for retroactive claims, where eligibility depends on historical facts rather than discretionary decisions.

That said, IRCC may continue to accept some straightforward applications online, especially where family histories align closely with system assumptions. Applicants should be cautious, however. Where there is any doubt, submitting a paper application is often the safer option to avoid unnecessary delays or refusals.

In summary, while Bill C-3 clears the legal path, a qualified lawyer acts as the expert navigator, ensuring your family’s unique history is correctly documented and legally admissible to secure your automatic recognition as a Canadian citizen.

Frequently Asked Questions