Maple News reports on the implications of Bill C-3, which restored Canadian citizenship by descent for people born before December 15, 2025, but introduced a new hurdle for the next generation. Specifically, for children born abroad after that date, automatic citizenship through a Canadian parent is not guaranteed unless a key residency threshold is met.
The law introduces what officials call the substantial connection test. A Canadian parent who was also born abroad must show they accumulated at least 1,095 days — about three years — physically present in Canada before the child’s birth or adoption. The days do not need to be consecutive, and they can be spread across the parent’s life. If the parent never lived in Canada long enough, the child may not acquire citizenship by descent. This requirement is permanent and applies to all future children born abroad to parents who were born outside Canada.
To illustrate the potential impact, consider a family scenario. Marie, a Boston-based nurse, has a grandmother who emigrated from Quebec in the 1950s. Her elder child, Luc, born in 2023, would remain Canadian by descent, since he was born before the cutoff date. But Marie’s younger child, Camille, born in 2027, faces the substantial connection test because Camille was born after December 15, 2025 and Marie has not accumulated the necessary days in Canada prior to Camille’s birth. This means two siblings in the same family could end up with different citizenship outcomes.
The rule’s design carries a multigenerational effect. If Luc later has children but the family never tallies the required time in Canada, those grandchildren might not qualify for citizenship by descent either. Conversely, Camille’s children would not have a path to Canadian citizenship by descent unless one of Camille’s ancestors had accumulated the necessary time in Canada or another route to citizenship is found.
A practical workaround for those planning to start or grow a family is to have a child born in Canada. Canada grants automatic citizenship to anyone born on its soil (with limited exceptions for accredited foreign diplomats). A birth in Canada would confer citizenship from day one, bypassing the substantial connection test for that child and simplifying future generations’ access to citizenship by descent.
It is important to note that this workaround does not affect U.S. citizenship. A child born in Canada to a U.S. citizen can still acquire U.S. citizenship by descent if the U.S. parent meets the relevant physical presence requirements, which often results in dual citizenship.
The guidance above does not apply to international adoption. A child adopted from abroad after December 15, 2025 remains subject to the substantial connection test, since jus soli depends on where the child is born, not where the adoption occurs. Families considering international adoption should seek tailored guidance.
What remains uncertain is how exactly the 1,095 days will be documented and verified. IRCC has indicated that the days are cumulative and do not need to occur within a specific window, but full operational guidance is not yet published. The Department of Justice’s legislative commentary supports this interpretation, yet applicants should prepare thorough evidence of time spent in Canada. Maple News will continue to monitor developments and provide updates on eligibility and process as new guidance is released.
For readers evaluating eligibility under Bill C-3, consulting with an immigration lawyer who specializes in citizenship by descent can be helpful. Maple News will keep you informed with the latest steps and considerations for families navigating these changes.