New Legislation Opens Canadian Citizenship to Millions of New England Descendants
In a landmark development, millions of individuals descended from French Canadians who migrated to New England during the late 19th and early 20th centuries may now be eligible to obtain proof of Canadian citizenship. This significant change stems from the implementation of Bill C-3, popularly referred to as the "Lost Canadians Act," which came into effect in late December 2025.
Overturning the First-Generation Limit
Prior to this legislation, Canada's citizenship law imposed a restrictive "first-generation limit" that prevented individuals from passing on citizenship beyond the first generation born or adopted abroad to a Canadian parent. This meant that subsequent descendants of Canadian citizens were effectively cut off from their birthright if their Canadian parents had also been born outside of Canada.
The new legislation was enacted as a direct response to a December 2023 decision by the Ontario Superior Court of Justice in the case of Bjorkquist et al. v. Attorney General of Canada. The court ruled that the first-generation limit was unconstitutional, paving the way for legislative reform that could potentially open the door to Canadian citizenship for millions of people with Canadian ancestry.
How the New Law Works
Bill C-3 fundamentally alters the citizenship landscape by allowing citizenship to flow beyond the first generation born or adopted abroad. The legislation recognizes an entire chain of descendants, provided there is a Canadian citizen who anchors this chain with at least 1,095 days (equivalent to three years) of cumulative physical presence in Canada.
Importantly, eligible descendants will automatically be considered new citizens under this law. They will be able to obtain proof of Canadian citizenship without having to go through a formal application process for citizenship itself. This represents a streamlined approach to reclaiming a birthright that was previously inaccessible.
Significant Interest Among Franco-American Communities
Patrick White, a journalism professor at the Université du Québec à Montréal, has observed substantial interest in obtaining Canadian citizenship among the descendants of French Canadians who migrated from Quebec to New England. "I see a genuine interest in Facebook groups associated with Franco Americans," White noted in an email correspondence.
He pointed to one group based in Maine that posted news about the new legislation in early February, indicating growing awareness and engagement within these communities.
White, citing Franco-American historian David Vermette, highlighted the historical context: "Close to one million French Canadians left Québec between 1840 and 1930." Their descendants "now represent almost 10 million Americans," creating a substantial potential pool of individuals who might now qualify for Canadian citizenship.
"The current climate in the U.S. is leading many of them to inquire about the possible acquisition of Canadian citizenship because of the changes made here in December," White explained. "This is a 'Plan B' for them." However, he cautioned that "it's too early to say" how many will ultimately pursue this opportunity.
Addressing Historical Inequities
Amandeep Hayer, a Vancouver immigration lawyer and co-author of a book on maintaining permanent residence and obtaining citizenship in Canada, contextualized this development within broader historical reforms. He noted that Canadian citizenship law has historically contained various roadblocks, such as restrictions that prevented married women and unmarried men from passing on citizenship to their children until reforms in 1977.
"So, the solution," Hayer stated, "is a single set of uniform rules moving forward that are blind to gender and marital status and do not require parents to go through a convoluted process to make and maintain Canadian citizenship for their child."
This legislative change represents not just a technical adjustment to citizenship law, but a significant step toward rectifying historical exclusions and creating a more inclusive framework for determining Canadian citizenship eligibility across generations.
