Government legislation to extend access to citizenship by descent beyond the first generation has become law after being adopted in the Senate.

Bill C-3 responded to a December 2023 Ontario Superior Court ruling that found that limiting citizenship by descent to the first generation born abroad contravened mobility and equality rights in the Charter of Rights and Freedoms.

“The term ‘Lost Canadians’ has generally been used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation,” Senator Mary Coyle said during her second reading speech on November 6.

“Bill C-3 is a reasonable response to the court’s declaration. It affirms the right to citizenship, as conferred under this bill, can’t come with arbitrary restrictions. It strikes an important balance, ensuring fair access while protecting the value of Canadian citizenship.”

Bill C-3 automatically grants citizenship by decent to all those born abroad to a Canadian parent before the coming into force date of the legislation. A new framework for those born after the coming into force date would require a Canadian parent to have 1095 cumulative days of physical presence in Canada, roughly three years, in order to grant citizenship by descent.

“As a Nova Scotian who has spent much of my career working with communities in Canada and around the world, I have seen how belonging, identity and citizenship shape people’s lives,” Senator Coyle said.

“I have heard from families who carry Canada in their hearts whether they live in Antigonish, Edmonton, Botswana or Bolivia. Their experiences remind us that citizenship is about more than paperwork. It’s about connection. It’s both a privilege and a profound bond, and for many of those we are talking about today, it’s actually a right.”

The legislation received Royal Assent on November 20.