Canada introduces proposed citizenship by descent legislation
The federal government has tabled a new bill that would allow Canadians born abroad to pass citizenship by descent to children born overseas via a test to prove family ties to the country.
Bill C-3 is meant to satisfy a court order that has ruled the current two-generation cut-off provisions of the Citizenship Act is unconstitutional because it limits the automatic passage of citizenship to the first generation of Canadians who were born outside Canada.
'Citizenship is more than a legal status — it's a profound connection to the values, history and spirit of Canada,' Immigration Minister Lena Metlege Diab said in statement on Thursday.
'By requiring those who pass citizenship to their children born abroad beyond the first generation to have a substantial connection to our country, we are honouring that bond.
'It reflects our belief that being Canadian means more than just a place of birth; it's about belonging, shared experiences, and a commitment to the inclusive and diverse community we all call home.'
In 2009,
the Conservative government abolished the 'substantial connection' regime
and adopted a blanket rule that denies the first generation born abroad the right to pass on citizenship by descent outside Canada to the second generation born abroad. The result created a generation of 'lost Canadians.'
A group of affected Canadian families took Ottawa to the Ontario Superior Court of Justice, which, in December 2023,
ordered the federal government to repeal the second-generation cut-off rule
and amend the Citizenship Act to make the law compliant with the Constitution's Charter of Rights.
However, the court order has been suspended after numerous requests by government officials for extension due to delays caused by the opposition Conservatives and the administration of the Immigration Department.
The parliamentary prorogation
and subsequent
spring election contributed to further delays
in amending the law.
The federal government cannot appeal the Ontario court's ruling on the second-generation citizenship cut-off rule because the appeal period has expired. It also cannot invoke the Constitution's 'notwithstanding clause' to re-enact the provisions deemed unconstitutional because mobility rights — which are central to the case — are exempt from that clause.
Lawyer Sujit Choudhry, who represents the families in the lawsuit, said Bill C-3 is identical to the previous citizenship bill introduced by the Liberal government a year ago and died on the order paper because the government failed to make it a legislative priority.
'The government must use every tool at its disposal to ensure that the same fate does not befall Bill C-3, which must be passed and brought into force by November 20, 2025,' said Choudhry, as stipulated by the Ontario court.
In a news release, the government said the
proposed legislation
would:
'People who may be impacted by the changes proposed … will no doubt have questions about what this means for them and their families,' said the news release.
'If the bill passes both Houses of Parliament and receives royal assent, we will work as quickly as possible to bring these changes into effect and will provide more information for eligible individuals on our website.'
Until then, those denied Canadian citizenship as a result of the second-generation cut-off can seek it on a case-by-case basis.
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