Maple News reports that proposed amendments to Bill C-3, which aims to revise the Citizenship Act, could significantly limit the ability of Canadians to pass citizenship to their children born or adopted abroad. If passed, the new legislation would raise the bar for acquiring Canadian citizenship by descent, particularly affecting future generations.
Under the updated provisions, only children born or adopted outside Canada on or after the law’s effective date would be affected. For these children to qualify for citizenship, their Canadian parent—who must have obtained citizenship by descent—would need to have been physically present in Canada for at least three years within a five-year period before the child’s birth or adoption.
This marks a stricter interpretation of the “substantial connection to Canada” requirement, which in the earlier version of the bill only required three years of presence without any time frame restrictions. Children born or adopted before the legislation takes effect would remain eligible for Canadian citizenship under current laws.
In addition to tightening physical presence requirements, the revised bill introduces new conditions for children aged 18 and over applying for citizenship by descent. These applicants would face a comprehensive security screening, assessing risks related to national security, human rights, criminal conduct, and violations of economic sanctions.
Furthermore, adults aged 18 to 55 would be required to demonstrate proficiency in either English or French and a solid understanding of Canadian history, values, and civic responsibilities—criteria that were not included in the previous bill draft.
Currently, Canada operates under a first-generation limit (FGL), enacted in 2009, which restricts the transmission of citizenship by descent to only the first generation born outside Canada. Second-generation children born abroad to Canadian parents who themselves acquired citizenship by descent are excluded. However, in December 2023, the Ontario Superior Court of Justice ruled this limit unconstitutional, prompting the federal government to reconsider and revise the law.
The amendments in Bill C-3 appear aimed at creating a more consistent and enforceable system, while aligning with the Canadian government’s focus on maintaining tangible connections to the country. However, critics warn that the revised criteria could create barriers for Canadians working or living abroad, as well as their children.
As the bill progresses through the legislative process, it remains to be seen whether further revisions will be made or if the updated criteria will become law. Maple News will continue to monitor developments closely and provide timely updates.
