The federal government has introduced new legislation that would expand the rights of Canadians born abroad to pass citizenship to their children — a move aimed at reversing a controversial limit imposed by the previous Conservative government.
Bill C-3, tabled in Parliament on Thursday, seeks to amend the Citizenship Act to allow individuals born outside of Canada to confer citizenship to their foreign-born children, as long as the parent has spent at least 1,095 cumulative days — or three years — physically in Canada before the child’s birth.
Currently, under the first-generation limit enacted in 2009 by the Stephen Harper government, Canadians born abroad can only pass citizenship to their children if those children are born on Canadian soil. The restriction has left many second-generation children of Canadians stateless or with uncertain legal status.
“This legislation would automatically give citizenship to anyone who would be a citizen today if not for the first-generation limit,” said the federal government in a press release Thursday. The law aims to work “in a way that is inclusive and protects the value of Canadian citizenship.”
Court Ruling Prompted Reform
The move comes two years after the Ontario Superior Court ruled that the first-generation limit was unconstitutional, arguing that it discriminated against Canadians based on their place of birth and created unequal access to citizenship rights. Although the federal government chose not to appeal the ruling, the court suspended its declaration, meaning the rule continued to apply — until now.
A previous attempt to address the issue was made through Bill C-17, introduced in May 2023 by Prime Minister Justin Trudeau’s administration. That bill, however, did not receive royal assent before Parliament adjourned.
Restoring Rights to Canadian Families Abroad
If passed, Bill C-3 would restore citizenship rights to countless individuals whose parents are Canadian but were unable to pass on their status due to the geographic limitations of the current law.
Immigration advocates and affected families have long criticized the first-generation limit, arguing that it punishes globally mobile Canadians — including diplomats, aid workers, military personnel, and expatriates — who maintain deep connections to Canada but happen to give birth abroad.
The new legislation is seen as a significant step toward citizenship equity, recognizing the realities of modern, international life while maintaining safeguards for meaningful connection to Canada.
The bill is expected to face debate in the House of Commons in the coming weeks.
