Changes to the Citizenship Act Allowing Second Generation (and Subsequent Generation) Canadian Citizenship by Descent

The government has now enacted into law Bill C-3 which amends Canada’s Citizenship Act to allow children of Canadians who were born outside of Canada to themselves transmit their Canadian citizenship to their children who are also born outside of Canada.

We previously wrote about the first generation born abroad citizenship rule and the case of Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII) in January 2024. In April 2009, the Citizenship Act was amended to impose a cut-off for transmitting Canadian citizenship to only one generation born abroad. This meant that those born outside of Canada to a Canadian parent were Canadian citizens, but they could not, in turn, pass on their citizenship to their children if their children were also born outside of Canada. This “second-generation born abroad rule” meant that if you were born outside of Canada to a Canadian parent who had been born outside of Canada, you were not a Canadian citizen. That changed in December 2023.

As a result of a challenge at the Ontario Superior Court, the second-generation born abroad rule was deemed unconstitutional in the case Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII). The Court said that the rule discriminated on the prohibited grounds of national origin and sex. The rule particularly affected Canadian women who were born outside of Canada and were living abroad, as they could not pass their citizenship onto their children. It forced pregnant women living outside of Canada who were the “first-generation born abroad”, to make the difficult decision of choosing between their own health, job, and finances by giving birth outside Canada, or ensuring their child would be a citizen by returning to Canada weeks, or even months in advance of their due date, to give birth. Consequently, this rule was deemed to violate another constitutional right of citizens: the right to enter, remain in, and leave Canada. The provision was then struck down and the government was ordered by the Court to amend the rule in line with its decision within 6 months.

Due to delays caused by the proroguing of Parliament in January 2025 for a federal general election to take place, the previous Bill C-71, which would have amended the law in line with the Court’s decision, was never passed. The new government introduced Bill C-3 (An Act to amend the Citizenship Act, 2005), on June 5, 2025, and it was passed on November 20, 2025, and will be proclaimed in force in the near future. Those who were born before the amendment comes into force (this date is currently pending but will be communicated publicly by the government) can claim Canadian citizenship if they can trace descent to at least one Canadian-born ancestor, such as a parent, grandparent, or great-grandparent).

Citizens born outside of Canada to a Canadian parent can transmit their citizenship to their own children who are born outside of Canada after the law comes into force (this date is currently pending but will be communicated publicly by the government), as long as they have spent at least 3 years (1,095 days) in Canada prior to their child’s birth or adoption. This is known as the substantial connection to Canada test.

The Canadian citizenship of those who lost their citizenship due to changes to the Citizenship Act over the past two decades, known as “Lost Canadians”, will have their citizenship restored. The Canadian citizenship of their descendants will also be restored. Individuals born abroad to Canadian parents who are in the second generation or subsequent generations born abroad will have their citizenship restored.

If you, an employee, or your employer have any questions about Canada’s citizenship laws or whether you may be a citizen, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca; traister@cilf.ca.