Canada’s Citizenship Bill C-3 Has Deadline Extended Again
The Ontario Superior Court of Justice has extended the deadline for passing Canada’s Citizenship Bill C-3 by another two months, moving it from 20 November 2025 to 20 January 2026. The bill aims to remove the First-Generation Limit on citizenship by descent – a restriction ruled unconstitutional in 2023.
If passed, Bill C-3 would allow more Canadians born abroad to pass citizenship to their children born outside Canada. The extension comes with the court noting that the federal government has made “significant progress” and that the replacement legislation may come into force before the end of 2025. Interim measures remain in place for affected families.
The new extension highlights the ongoing pressure on the federal government to finalise reforms that would resolve long-standing issues affecting “Lost Canadians” and thousands of families living or working abroad.
On This Page You Will Find
- Overview of the new deadline
- Why Bill C-3 matters for Canadians born abroad
- Court reasoning for the extension
- What interim measures remain available
- What happens next for affected families
- Frequently asked questions
Another Extension for Bill C-3
The Ontario Superior Court has granted the federal government a further extension to pass Bill C-3, the legislation intended to replace the unconstitutional sections of the Citizenship Act dealing with the First-Generation Limit. The new deadline is 20 January 2026.
Judge Jasmine Akbarali acknowledged the federal government’s recent progress toward enacting new legislation. She noted that the government is actively moving the bill forward and that it is “reasonably expected” the replacement law could be in force before the end of 2025.
This latest development follows earlier delays caused by prorogation, election timing, and legislative scheduling challenges.
What Bill C-3 Would Change
Bill C-3 seeks to eliminate the First-Generation Limit, a rule introduced in 2009 that prevents Canadians born abroad from automatically passing citizenship to their children also born overseas.
The bill aims to:
- Restore citizenship to people affected by outdated rules
- Allow Canadians born abroad to pass citizenship to their children if they meet a substantial connection test
- Lay out clearer requirements for adults applying under restored or expanded provisions
Recent committee amendments proposed stricter requirements, including:
- A requirement for parents to show 1,095 days of physical presence within the five years before their child’s birth or adoption
- Language and knowledge tests for adult applicants
- Mandatory security and criminality checks
These changes bring citizenship by descent more in line with the naturalisation process followed by immigrant applicants.
Court’s Reasoning for the Extension
Judge Akbarali agreed to extend the deadline after reviewing the government’s progress and the complexity of the legislative process. She emphasised that:
- The government has demonstrated meaningful movement on replacement legislation
- New measures may realistically be in place before year-end
- Rights-holders continue to rely on interim solutions, making legislative certainty important
While the judge granted the extension, she also recognised the continued impact on families who have waited years for clarity and stability.
Interim Measures Remain in Place
Until Bill C-3 becomes law, individuals affected by the First-Generation Limit can still access discretionary grants under section 5(4) of the Citizenship Act. This may apply to those who:
- Were born or adopted before 19 December 2023
- Were born to a Canadian parent with at least 1,095 days of physical presence in Canada before their birth
- Were affected by former retention rules under section 8
These temporary solutions provide a pathway for families unable to rely on automatic citizenship under the current law.
What Happens Next
With the new January 2026 deadline now set, the federal government faces renewed pressure to finalise citizenship legislation. If Bill C-3 is not passed in time, the unconstitutional sections of the Citizenship Act could lose legal effect entirely, potentially creating uncertainty and expanding automatic citizenship in ways not contemplated by Parliament.
The government has signalled urgency, and the court’s latest comments suggest confidence that the legislation may be completed soon.
Frequently Asked Questions
What is Bill C-3?
Bill C-3 is legislation designed to remove the First-Generation Limit and restore or grant citizenship to people affected by past restrictions. It responds to court rulings that found parts of the current law unconstitutional.
What is the First-Generation Limit?
The First-Generation Limit prevents Canadians born abroad from automatically passing citizenship to their children if the children are also born outside Canada. The court ruled the restriction unconstitutional in 2023.
Why was the deadline extended again?
The court found that the government has made real progress toward introducing replacement legislation and may complete the process by the end of 2025. It extended the deadline to 20 January 2026 to allow additional time.
What interim options exist for affected families?
Interim measures remain available through discretionary grants of citizenship under section 5(4). These apply to people who meet specific conditions, including certain dates of birth or adoption and parental physical-presence requirements.
What happens if the government misses the January deadline?
If the government does not pass Bill C-3 by 20 January 2026, the unconstitutional provisions could lose legal force. This may create uncertainty and potentially grant citizenship automatically to groups not covered by the bill’s structured requirements.
