Bill C-3 to Expand Canadian Citizenship by Descent, Reversing Harper-Era Limits
In a major development in Canadian immigration law, the federal government has introduced legislation that would expand citizenship rights to children born abroad beyond the current first-generation limit. Tabled Thursday as Bill C-3, the proposed legislation aims to amend the Citizenship Act to restore automatic citizenship eligibility to individuals who would qualify today if not for the existing restriction.
Under the law in place since 2009, Canadian citizens born outside the country cannot pass on citizenship to their own children if those children are also born abroad. Bill C-3 would remove that restriction for Canadians who have lived in Canada for at least 1,095 cumulative days—or three years—prior to the birth of their child. The change is intended to preserve a meaningful connection to Canada while addressing long-standing concerns about fairness and inclusion.
The proposed reform effectively reverses a controversial policy introduced by former Prime Minister Stephen Harper’s government. That measure, which established the first-generation cutoff, has faced widespread criticism from legal experts, immigrant communities, and human rights advocates for creating unequal treatment among Canadian citizens based solely on their place of birth.
In 2022, the Ontario Superior Court ruled that the first-generation limit was unconstitutional in many circumstances. Although the federal government did not appeal the decision, the restriction remained in force due to a suspension of the ruling’s effect. A previous Liberal attempt to amend the law through Bill C-17 failed to pass before the end of the legislative session.
The government says Bill C-3 is designed to uphold the integrity and value of Canadian citizenship while making the law more inclusive. If passed, it would mark a significant shift in how Canada defines its citizenry and could affect thousands of families who have been waiting for official recognition of their Canadian identity across generations.