Long-awaited changes to Canada’s citizenship laws are now in force, restoring and extending citizenship rights to thousands of people known as “Lost Canadians” who were previously excluded due to gaps in the law. The new rules, introduced under Bill C-3 and effective as of Dec. 15, allow Canadian citizenship to be passed down beyond the first generation for people born or adopted abroad, provided certain conditions are met.
Immigration Minister Lena Diab said the updated Citizenship Act better reflects the realities of modern Canadian families, many of whom live, work, study or travel outside the country while maintaining strong ties to Canada. Under the new framework, a child born or adopted abroad to a Canadian parent who was also born or adopted outside Canada can now acquire citizenship, as long as that parent spent at least three cumulative years living in Canada before the child’s birth or adoption. The requirement is meant to demonstrate a “substantial connection” to the country.
Children born outside Canada before Dec. 15 who fall into the second generation or beyond are being granted automatic citizenship, while those adopted before that date can now apply and have their cases assessed under the revised rules. Individuals who are automatically granted citizenship but do not wish to retain it can renounce it through a simplified process.
The changes stem from a 2009 amendment made by a previous Conservative government that limited citizenship by descent to only the first generation born abroad. That rule created thousands of “Lost Canadians” — people with deep family connections to Canada who were unable to claim citizenship themselves. In December 2023, the Ontario Superior Court ruled the first-generation limit unconstitutional, prompting the federal government to act rather than appeal the decision.
While the new law has been welcomed as a major victory for affected families, concerns remain. Critics argue the requirement for parents to prove three years of physical presence in Canada unfairly affects intercountry adoptees — children adopted abroad and raised in Canada. Legal experts say these children face a higher barrier than domestically adopted children, potentially violating international adoption agreements and the Canadian Charter of Rights and Freedoms.
Immigration lawyers representing families of intercountry adoptees have signalled they may pursue further legal action, even as they acknowledge Bill C-3 resolves long-standing injustices for many Lost Canadians. Conservatives, meanwhile, have raised concerns about the potential cost and scope of the changes, citing estimates that the amendments could affect more than 100,000 people over several years.
For many families, however, the new rules mark the end of a decades-long struggle for recognition. While debates over fairness and future amendments continue, Bill C-3 represents a significant shift in Canadian citizenship law — one that finally closes a chapter that left generations caught between borders and without status in the country they call home.