Key Changes Proposed To Citizenship Bill C-3 For ‘Lost Canadians’
Canada is moving forward with amendments to Bill C-3, legislation aimed at resolving the long-standing issue of “Lost Canadians” – individuals who would have been Canadian citizens if not for gaps and restrictions in previous citizenship laws. The House of Commons immigration committee has now adopted several changes that would add new requirements for many adults seeking citizenship under the bill.
These changes follow a 2023 Ontario Superior Court ruling that overturned the first-generation limit, which prevented Canadians born abroad from automatically passing citizenship to their children if those children were also born outside Canada. The government must pass Bill C-3 by November 21 to comply with the court deadline. If the deadline is missed, an unknown number of people could automatically become Canadian citizens without the conditions set out in the bill.
On This Page You Will Find
- What Bill C-3 is intended to do
- Explanation of the substantial connection requirement
- New language, knowledge and security checks
- Concerns raised by affected families
- Comparison table: original bill vs amended bill
- What happens next in Parliament
Ending the First-Generation Limit
Under the rules introduced in 2009, Canadians born abroad could not automatically pass citizenship to their children if those children were also born outside Canada. Bill C-3 proposes to remove that restriction and grant citizenship to individuals who would have been eligible if not for the limit or earlier provisions that excluded certain groups.
A Substantial Connection to Canada
To pass citizenship to a child born or adopted overseas, a Canadian parent will need to show a substantial connection to Canada. This is defined as at least 1,095 cumulative days – three years – of physical presence in Canada.
Committee amendments now require these 1,095 days to occur within a five-year period before the child’s birth or adoption. This makes the timeline narrower and more structured than in the original draft.
New Language, Knowledge and Security Requirements
The committee also introduced additional requirements for adults applying under the expanded provisions:
- Applicants aged 18 to 55 must demonstrate knowledge of English or French
- They must show understanding of Canadian history, rights and responsibilities
- Adults aged 18 and older must undergo a security and criminality check
These additions align the process more closely with the standard naturalisation process that immigrants follow when applying for Canadian citizenship.
Concerns From Adoptive Families and Advocates
Some families with children adopted from abroad argue that the substantial connection requirement could unfairly affect Canadian-born-abroad adoptees raised entirely in Canada. They argue that children fully integrated into Canadian life should not later be required to prove their connection to the country to pass on citizenship to their own children.
Advocates say this treats internationally adopted children differently from children born in Canada, raising questions of fairness and consistency.
Comparison Table: Original Bill vs Amended Bill
| Topic | Original Bill C-3 Proposal | Amendments Adopted by Committee |
| Ability to pass citizenship to children born abroad | Allowed if parent has 1,095 days in Canada at any point prior to birth/adoption | 1,095 days must be within five consecutive years before birth/adoption |
| Language requirement | Not required | Applicants aged 18–55 must demonstrate English or French proficiency |
| Knowledge test | Not required | Applicants aged 18–55 must demonstrate knowledge of Canada and citizenship responsibilities |
| Security and criminality screening | Not required | Required for applicants aged 18 and older |
| Annual reporting to Parliament | Not included | Minister must report annually on grants of citizenship made under this provision |
What Happens Next
Bill C-3 now returns to the House of Commons for further debate before moving to the Senate. The government has signalled urgency due to the court deadline in November. If the bill does not pass in time, citizenship could be automatically extended to individuals without the conditions introduced by the amendments.
Citizenship Bill C-3: Frequently Asked Questions
What is the purpose of Bill C-3?
Bill C-3 is intended to allow Canadians born abroad to pass citizenship to their children born outside Canada and to restore citizenship to people excluded due to past rules. It responds to a court decision that found the current first-generation limit unconstitutional.
What is the substantial connection test?
The substantial connection test requires a Canadian parent to have spent at least 1,095 days in Canada. Under the amendments, those days must fall within the five years before the child’s birth or adoption.
Why were language and knowledge tests added?
The committee added these requirements to align citizenship under this bill with the existing process for immigrant applicants. The aim is to maintain consistency and ensure applicants understand Canadian rights and responsibilities.
Will adopted children be treated differently under these changes?
Some families and advocates argue that adopted children raised in Canada could face unfair barriers when passing on citizenship to their children. Discussions on this issue continue as the bill moves forward.
What happens if the bill is not passed by the court deadline?
If the government does not pass the legislation by November 21, individuals affected by the court ruling could automatically gain citizenship without the structured requirements contained in Bill C-3.
