What to Do if You Don’t Know Whether Your Grandparent Was a Canadian Citizen
Canada has introduced Bill C-3, giving tangible support to Minister Diab’s words that
“Citizenship is more than a legal status—it’s a profound connection to the values, history, and spirit of Canada.”
The latest amendment to the Citizenship Act is designed to strengthen connections between Canada and its citizens worldwide.
This change follows the Bjorkquist court decision, which ruled that limiting the number of generations born abroad who can inherit Canadian citizenship was unconstitutional. The reform marks an important step toward a more inclusive and equitable system, addressing long-standing challenges faced by individuals known as “Lost Canadians.”
What Is Bill C-3?
Bill C-3 introduces crucial amendments to the Citizenship Act, focusing on ensuring fairness and expanding access to Canadian citizenship. Here are the main highlights:
Key Highlights of Bill C-3
Here’s what the new legislation brings:
- Citizenship for Those Born Abroad (Before Enactment):
Before the coming into force of this enactment, individuals born outside Canada to a Canadian parent including a parent who was also born abroad will now automatically gain Canadian citizenship by descent. This change addresses historic gaps and reconnects many “Lost Canadians” with their heritage. - Citizenship Beyond the First Generation with substantial Connection:
Children born abroad after the enactment of Bill C-3 will inherit citizenship if their Canadian parent had a “substantial connection” to Canada. To demonstrate a “substantial connection,” the Canadian parent born abroad would need to have accumulated at least 1,095 days (three years) of physical presence in Canada before the child’s birth or adoption. This new framework acknowledges the diverse realities of Canadian families globally. - Citizenship for Adopted Children (Before Enactment):
Those adopted abroad before the law takes effect by a Canadian parent including parents born or adopted abroad will now qualify for citizenship under section 5.1 of the Act. - Citizenship for Adopted Children (On or After the Law):
For adoptions finalized abroad after the law takes effect, citizenship will be granted under section 5.1 if the Canadian parent meets the “substantial connection” requirement. - Restoring Citizenship to “Lost Canadians”:
Bill C-3 will restore citizenship to persons who lost it due to not applying to retain it under the former section 8 of the Act, or whose application was not approved. This provides a long-awaited resolution for many individuals inadvertently stripped of their Canadian status. - Simplified Renunciation Process:
The Bill also allows certain individuals who become citizens as a result of these new amendments to access a simplified process for renouncing their citizenship, offering flexibility for those who may not wish to retain it.
Bill C-3 vs. Bill C-71: A Clearer Path Forward
Bill C-71 (An Act to amend the Citizenship Act, 2024) was an earlier attempt to tackle many of these same issues. However, it expired before it could pass due to the prorogation and later dissolution of Parliament.
With a new government in place, Bill C-3 has now been introduced as the active legislative effort to resolve the first-generation limit and address the situation of “Lost Canadians.”
It’s important to highlight that Bill C-3 is identical in text to Bill C-71. This means the outcomes are the same if you would have qualified for Canadian citizenship under Bill C-71, you will also qualify under Bill C-3.
What This Means for You
If you or your child were born or adopted outside Canada or if you previously lost Canadian citizenship, you may now be eligible under the updated rules.
