Significant amendments to Canada's Citizenship Act officially took effect this week, marking a pivotal shift in how citizenship can be passed down to children born outside the country. The changes, which came into force on Monday, December 16, 2025, reverse restrictive 2009 modifications and aim to resolve the long-standing issue of so-called "Lost Canadians."
Reversing a 2009 Rule and a Court Decision
The core of the legislative update addresses a rule established in 2009. That earlier change limited citizenship by descent, meaning that children of Canadian citizens born abroad would only be entitled to citizenship if their own child was subsequently born in Canada. This created a generational cut-off, leaving the children of those parents born outside Canada without automatic citizenship rights.
The push for change gained legal momentum from a December 19, 2023, ruling by the Ontario Superior Court. The court declared the 2009 restrictions unconstitutional, a decision the federal government chose not to appeal. This ruling compelled Ottawa to reform the law, leading to the introduction and passage of Bill C-3.
How the New Citizenship Rules Work
Under the newly enacted legislation, individuals born outside Canada to at least one Canadian parent may now claim citizenship, provided specific conditions are met. The Canadian parent must have been a citizen at the time of the applicant's birth. Crucially, the parent must also demonstrate a "substantial connection" to Canada.
This connection is primarily established by proving the parent spent a minimum of 1,095 days (three years) in Canada prior to the child's birth. The changes are designed to reflect modern Canadian family life, where citizens may live, work, or study abroad while maintaining deep ties to their home country.
"Many Canadians choose to study abroad, travel to experience another culture, or relocate for family or personal reasons and still have a meaningful connection to our country," said Immigration Minister Lena Diab in a statement. "This new legislation strengthens the bond between Canadians at home and around the world, and reaffirms the values we hold as a nation."
Who is Eligible and Next Steps
The government has outlined clear pathways for those affected. New applications will automatically be processed under the updated legislation. Furthermore, individuals who had already applied under temporary interim measures launched by Immigration, Refugees and Citizenship Canada (IRCC) will have their files automatically transferred to the new system, requiring no additional action.
Eligibility also extends to two other key groups: those born outside Canada before their parent became a citizen, and individuals who previously lost their Canadian citizenship under the old rules. Bill C-3 received Royal Assent on November 20, 2025, after being tabled in the House of Commons in June and passing through the Senate. The government required several extensions to meet the deadline set by the 2023 court decision, with the final extension granted just days before the bill became law.
This legislative fix follows previous attempts that died when Parliament was dissolved for the federal election, underscoring the complexity and importance of finally resolving the status of the Lost Canadians.
