In December, new citizenship laws took effect that can enable certain children born outside of Canada to claim Canadian citizenship.
The new law, commonly referred to as Bill C-3, has two parts: one that applies to people born before Dec. 15, 2025, and the other to people born on or after that date.
Here, we explain the new rules, why Ottawa introduced them and the process for applying:
People born abroad before Dec. 15, 2025
People born or adopted abroad before Dec. 15, 2025 who can show an ancestral connection to a Canadian can be “deemed” Canadian citizens, says Sara Pesko, a Toronto-based lawyer at Abramovich Immigration Law.
These people do not need to be granted citizenship; if they demonstrate eligibility, they are simply affirmed as having it.
“They’re really applying for a citizenship certificate, which is proof of that fact,” said Pesko.
Immigration, Refugees and Citizenship Canada confirmed to Canadian Affairs that anyone who can demonstrate a Canadian “parental ancestor” is eligible.
“People born outside Canada before December 15, 2025, must show they have a Canadian parent — or a parental ancestor, such as a grandparent or great-grandparent — who became a Canadian citizen on or after January 1, 1947 (or April 1, 1949, in Newfoundland and Labrador),” the department spokesperson said in an email.
(The years 1949 and 1947 are when Canadian citizenship as a legal status came into existence in Newfoundland and the rest of Canada, respectively.)
This means, for example, that an individual whose great-grandparent was born in Canada and emigrated to the United States may now be a Canadian citizen — even if the individual, their parents and grandparents never lived in Canada.
Clara Morrissey, an immigration lawyer at BARTLAW LLP, says her firm has seen applicants tracing their ancestry back to the 1800s — and in some cases even earlier — although proving those claims can be difficult.
People born abroad after Dec. 15 2025
The second part of the new rules apply to people born or adopted abroad on or after Dec. 15, 2025 to a Canadian parent who was also born abroad.
These individuals are “able to access citizenship” provided the Canadian parent who was born abroad can demonstrate they spent at least 1,095 cumulative days in Canada before the child’s birth or adoption, the government spokesperson said.
Why Ottawa changed the law
Previously, Canadian citizenship laws had a “first-generation limit” that prevented Canadian citizens born abroad from automatically passing citizenship to a child also born abroad.
In 2023, an Ontario court ruled that this first-generation limit was unconstitutional. Rather than appeal, the federal government amended the Citizenship Act through Bill C-3.
In announcing the changes, IRCC said the legislation was designed to make citizenship law “fair, clear and reflective of how Canadian families live today.”
“This new legislation strengthens the bond between Canadians at home and around the world, and reaffirms the values we hold as a nation,” Immigration Minister Lena Metlege Diab said when the legislation came into force.
The application process
Individuals born or adopted abroad before Dec. 15, 2025 can apply to have their citizenship affirmed. Applicants must submit documentation showing a complete chain of descent between their Canadian ancestor and themselves.
Applicants may need to provide certified provincial birth records, baptismal records or other archival documents. The key is to provide documentation showing a connection at every generational level, such as to a great-grandparent, grandparent and parent.
Documentation can be a big challenge, says Morrissey. The further back a claim reaches, the more challenging that process becomes.
“The onus is on the applicant to prove that they have this Canadian ancestor and prove that the line of citizenship was not broken,” she said.
Printouts from genealogy websites alone are generally insufficient, she says.
Pesko says some clients have produced family Bibles, census records and historical church documents when official birth records are unavailable. But she cautioned that inconsistencies in names or dates can complicate applications.
Individuals born or adopted after Dec. 15, 2025 to a Canadian parent who was themself born abroad must submit documentation demonstrating the Canadian parent was physically present in Canada for 1,095 cumulative days before the child was born.
Physical presence evidence could include border entry and exit information, school enrollment records or transcripts, or proof of residence.
Processing times
Pesko and Morrissey say they have already seen a surge of inquiries, particularly from Americans with Canadian ancestry.
“The vast majority of our clients are from the northeastern United States,” said Pesko.
“Because the borders between Canada and the U.S. were so porous for such a long period of history, we are finding that a lot of Americans … are eligible for citizenship.”
They both expect clients to face processing times of about a year, though they caution that period could extend as more people become aware of the new rules.
Morrissey points out that verification presents its own set of challenges.
Canada has suspended an undisclosed number of certificates affirming citizenship over documentation concerns, media have recently reported.
“I think where people don’t realize there are stumbling blocks is getting the actual proof that’s sufficient to satisfy the government that you have a valid claim,” Morrissey said.
