Bill C-3 Explained: Citizenship by Descent Rules in 2026
Bill C-3 changed who is a Canadian citizen by descent. It is a different path from the one most newcomers take (permanent resident, then citizen), so it often causes confusion. This guide explains what the law did, the new 1,095-day rule for children born or adopted abroad, who is affected, and what each group can apply for, based on IRCC's own backgrounders.
What Bill C-3 changed
Before Bill C-3, the Citizenship Act limited the passing on of citizenship to the first generation born or adopted abroad. A Canadian citizen could only pass on citizenship to, or get a direct grant of citizenship for, a child born or adopted outside Canada if the parent was born or naturalized in Canada before the child's birth or adoption.
On December 19, 2023, the Ontario Superior Court of Justice found that parts of the Act relating to this first-generation limit were unconstitutional, and the Government of Canada did not appeal. The government introduced Bill C-3, An Act to Amend the Citizenship Act (2025), on June 5, 2025. It received royal assent on November 20, 2025, and came into effect on December 15, 2025.
The 1,095-day rule for children born or adopted abroad
For people born or adopted abroad on or after December 15, 2025, to a Canadian parent who was also born or adopted abroad, the first-generation limit is replaced by a substantial connection test. The applicant must show that the Canadian parent has at least 1,095 days (three years) of cumulative physical presence in Canada before the applicant's birth or adoption. IRCC asks for this when you apply for proof of Canadian citizenship, or for citizenship for an adopted child.
Who is affected: the "lost Canadians"
IRCC uses "Lost Canadians" for people who lost or never obtained citizenship because of outdated rules in earlier citizenship laws. Most cases were resolved by legislative changes in 2009 and 2015, which restored or gave citizenship to about 20,000 people. Some people remained excluded, including section 8 "Lost Canadians" and their descendants. Bill C-3 extends access to citizenship to these remaining Lost Canadians, their descendants, and people born abroad to, or adopted abroad by, a Canadian parent in the second or later generation before the new law came into effect.
What each group can apply for
- People who automatically became Canadian citizens under the new law can apply to get proof of Canadian citizenship.
- People adopted abroad before December 15, 2025, by a Canadian parent born or adopted abroad can apply for Canadian citizenship for an adopted child.
- People born or adopted abroad on or after December 15, 2025, to a Canadian parent also born or adopted abroad must show that the parent spent three years in Canada when they apply for proof of citizenship or for citizenship for an adopted child.
- People born before December 15, 2025, who automatically became citizens under the new law, were not previously granted citizenship and now want to give it up can use a simplified renunciation process.
How generations are counted, and how to prove your citizenship
IRCC counts the first generation as the first person born or adopted outside Canada to a Canadian citizen, meaning a citizen by birth in Canada or by naturalization. The change does not affect anyone who was already a citizen before Bill C-3 became law. If you think you became a citizen because of Bill C-3, you must apply for a citizenship certificate to find out for sure. The certificate is the proof you use to apply for a Canadian passport. Before travelling to Canada, IRCC advises you to apply for the certificate first, then get a Canadian passport, and to enter Canada with that passport.
What it means if you are applying the regular way
Bill C-3 does not change the requirements for adults who become citizens after permanent residence: physical presence, language proof, the knowledge test and the other eligibility requirements stay as they are. If you may already be a citizen by descent, the application for proof of citizenship is a separate application with its own wait: IRCC's tool currently shows about 34 months (update of October 9, 2026), as explained in our guide to proof-of-citizenship wait times. Compare it with permanent residence versus citizenship and with the rules on dual citizenship.
Sources & notes
Based on IRCC's backgrounders "Bill C-3: An Act to amend the Citizenship Act (2025)" (June 5, 2025) and "comes into effect" (December 15, 2025), checked on October 17, 2026. The waiting time comes from IRCC's processing-time tool (update of October 9, 2026). This is not legal advice; ask IRCC or an immigration lawyer about your own case.
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