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In Canada, there is a bill known as Bill C-3, which is linked to the concept of Citizenship by Descent: the right to inherit Canadian citizenship when the person is born outside Canada and one of his or her parents is a Canadian citizen. This right was severely limited in 2009 by a specific rule, called the First Generation Limit (FGL).
In November 2025, Parliament has given a third reading to Bill C-3, which seeks to correct the consequences of this limitation, and is expected to come into force and become law.
In this blog, I will explain what happened to the FGL, who was affected, and how Bill C-3 seeks to automatically restore citizenship by descent. Read with me to the end and find out if the change could work in your favor. Let's get started.
In 2009, the Citizenship Act in Canada was amended to include the First Generation Limit(FGL).
This had a significant impact because the rule limited the transmission of Canadian citizenship to only one generation born outside of Canada. That is, if a person was a Canadian citizen by descent (i.e., born abroad because one of his or her parents was Canadian), that person could not pass on citizenship to his or her own children if they were also born outside of Canada.
The result: thousands of "Lost Canadians", mainly grandchildren of foreign-born Canadians who became ineligible for citizenship, thus breaking the generational link.
This first generation limit was declared unconstitutional by the Ontario Superior Court of Justice in December 2023. The Court found that the current law had unacceptable consequences for Canadians whose children were born outside the country.
The Government of Canada introduced Bill C-3 precisely to correct the constitutional defect and restore equity in citizenship rights.
Bill C-3 establishes a new condition for the future, known as the Substantial Connection Test. It means that, if a parent who is a citizen by descent wants to transmit citizenship to his or her child born outside Canada, he or she must prove that he or she spent at least 1095 days (three years) physically in Canada prior to the child's birth or adoption.
This case reflects the retroactive effect that Bill C-3 would have and applies to people who lost citizenship because of the First Generation Limit (FGL) and could have their entitlement restored.
The problem arises when a person is the grandchild of a Canadian born in Canada, but born outside the country.
The FGL denies citizenship to these grandchildren(second generation foreign-born), breaking the link. However, if Bill C-3 is passed, its main effect would be to eliminate the FGL and automatically restore citizenship to all those who lost it because of this 2009 rule. Their status would be repaired by the new law.
This case provides for the transfer of citizenship after Bill C-3 comes into force.
Bill C-3 requires a Substantial Connection Test from the parent who wants to transmit citizenship. This would apply if:
You are a Canadian parent by descent (born outside Canada) and you want your child, who will be born abroad, to inherit citizenship. In this case, you must meet the Substantial Connection Test, that is, you must have spent 1095 days (three years) physically in Canada prior to the child's birth.
The son will be entitled to citizenship by descent only if his father complied with the 1095 days physical presence.
We recommend keeping up to date on this issue, as the discussion of Bill C-3 is still ongoing as of the date of publication of this article.
At Immiland Law Professional Corporation, we have a team of professionals with the necessary experience to evaluate your citizenship case. We are ready to assist you in the verification of eligibility and preparation of your application for status and other immigration services.
If you would like to schedule a personalized consultation, please contact us and we will be happy to help you.
I hope this topic will be useful. Thank you for reading. We look forward to seeing you in the next blog.
With love,
Immiland Law Professional Corporation
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