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Canada Enacts Bill C-3 to Rewrite Citizenship-by-Descent Rules

A cabinet order will set the start date after a court extended the implementation deadline to January 2026.

Overview

  • Royal assent makes Bill C-3 law, but it is not yet in force pending a cabinet-approved effective date.
  • The legislation eliminates the 2009 second-generation cut-off and restores citizenship to people excluded under the old rules.
  • Going forward, a Canadian parent born abroad may pass on citizenship if they show 1,095 days of cumulative physical presence in Canada before a child’s birth or adoption.
  • The reform follows a December 19, 2023 Ontario Superior Court ruling that found key parts of the first-generation limit unconstitutional, a decision the federal government did not appeal.
  • Immigration lawyers anticipate a surge in applications once the law takes effect, with reporting noting likely benefits for many Indian-origin families.