Understanding the 2025 Law Changes

What is citizenship by descent?

Canadian citizenship by descent means you are a Canadian citizen because one or more of your ancestors was Canadian — even if you were born outside Canada and have never lived there. Your citizenship exists by operation of law, from the moment of your birth.

The old first-generation limit

From April 17, 2009 until December 15, 2025, the Citizenship Act imposed a "first-generation limit" (FGL). A Canadian born or naturalized in Canada could pass citizenship to their child born abroad, but that child could not pass citizenship to their child also born abroad. In other words, only one generation outside Canada was allowed.

What changed: Bill C-3

In December 2023, the Ontario Superior Court ruled the first-generation limit unconstitutional (Bjorkquist v. Canada). The government did not appeal. Parliament enacted Bill C-3, which received Royal Assent on November 20, 2025 and came into force on December 15, 2025.

The two-track system

Common misconceptions

• Becoming a US citizen does NOT automatically lose Canadian citizenship. Formal renunciation was a separate, uncommon process — especially after 1977.
• The anchor ancestor does not need to have claimed citizenship. They simply needed to have been Canadian by operation of law (e.g., born in Canada).
• Each link in the chain must have been Canadian at the time of the next child's birth, assessed under whichever law was in force at that time.

Exceptions and special cases

• Adopted children do not receive automatic citizenship — they apply for a direct grant under section 5.1 (without becoming a permanent resident first).
• Crown servants (Canadian military, federal/provincial public service) posted abroad — their children are exempt from generational limits.
• Lost Canadians who lost citizenship under the old section 8 retention requirement may have it restored.

Key dates