New 3 Year Rule for Citizenship Abroad

Summary#

This bill changes how Canadian citizenship is passed to children born or adopted outside Canada. It fixes past gaps (often called “lost Canadians”) and sets a new rule for future births and adoptions: a Canadian parent must have a “substantial connection” to Canada, defined as at least 1,095 days of physical presence before the child’s birth or adoption (3 years) (Bill Clause 1, new s.3(3); Clause 4, new s.5.1(4)). It also restores citizenship to people who lost it under an old retention rule and offers a simplified way to renounce for those who become citizens by this bill but do not want it (Clause 1, s.3(1)(f) change; Clause 6, s.27(1)(j.1)(iv)).

• Extends citizenship by descent to people born outside Canada before the law takes effect, if they had a Canadian parent (Bill Summary (a); Clause 1, s.3(7)(h)).
• Sets a 1,095‑day parental presence test for children born outside Canada on or after the law’s start date (Clause 1, new s.3(3)).
• Mirrors the same rule for international adoptions on or after the law’s start date (Clause 4, new s.5.1(4)).
• Restores citizenship to people who lost it for not applying to retain it under former section 8 (the “28‑year rule”) (Clause 1, repeal of s.3(1)(f)(iii)).
• Allows citizenship even if the Canadian parent (or grandparent, where relevant) has died, if they would have been a citizen under this bill (Clause 1, new s.3(1.5); Clause 4, new s.5.1(6); Clause 2, s.4(2) update).
• Creates a simplified renunciation path for people who automatically become citizens because of this bill but prefer not to be (Clause 6, s.27(1)(j.1)(iv)).

What it means for you#

• Households (children born abroad before the law starts)

  • If you were born outside Canada before the law takes effect and had a Canadian parent, you become a Canadian citizen by descent from birth, subject to the Act’s limits (Clause 1, s.3(7)(h)). The start date will be set by Order in Council (Coming into Force).
  • If your Canadian parent died before the law, you can still be recognized if the parent would have been a citizen under this bill (Clause 1, s.3(1.5)).

• Households (children born abroad on or after the law’s start date)

  • Your child is a Canadian citizen by descent only if at least one Canadian parent was physically present in Canada for 1,095 days before the child’s birth (3 years) (Clause 1, new s.3(3)(a)).
  • If neither Canadian parent meets the 1,095‑day test, the child does not get automatic citizenship by descent (Clause 1, new s.3(3)(a)–(b)).

• Adoptive families (adoptions finalized before the law starts)

  • A person adopted outside Canada before the start date by a Canadian parent may be granted citizenship under section 5.1, removing prior generation limits (Bill Summary (c)).

• Adoptive families (adoptions on or after the law’s start date)

  • The child can be granted citizenship under section 5.1 only if a Canadian adoptive parent had at least 1,095 days of prior physical presence in Canada before the adoption (Clause 4, new s.5.1(4)).

• Adults who lost citizenship under the former “retention” rule

  • If you lost citizenship for failing to apply to retain it under former section 8, your citizenship is restored by removing that loss ground (Clause 1, repeal of s.3(1)(f)(iii)).

• People who previously renounced Canadian citizenship

  • If you became a citizen by grant and later renounced, you do not regain citizenship under these new automatic rules (Clause 1, s.3(2.5); updated s.3(2.1), s.3(2.4)).

• Anyone who becomes a citizen because of this bill but does not want citizenship

  • There will be a simplified renunciation process set by regulation for people who gain citizenship due to this bill and were born before it starts, if they had not already become citizens by grant (Clause 6, s.27(1)(j.1)(iv)).

• Effective date

  • Most changes take effect on a date set by the Governor in Council; the bill does not state the date (Coming into Force).

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations or fees are included in the bill text (entitlement and definition changes only).
• No official fiscal note or cost estimate is provided in the bill text. Data unavailable.
• The effective date will be set by Order in Council; timing may affect administrative costs and caseloads. Data unavailable.

Proponents' View#

• Fixes “lost Canadians” by recognizing citizenship by descent for people born abroad before the law starts and by restoring status to those who lost it under the former retention rule (Clause 1, repeal of s.3(1)(f)(iii); s.3(7)(h); Bill Summary (a), (e)).
• Replaces the strict first‑generation cap with a clear, objective “substantial connection” test of 1,095 days of parental presence for future births and adoptions, which is easier to verify (Clause 1, new s.3(3); Clause 4, new s.5.1(4)).
• Aligns adopted children’s rights with those of biological children by applying the same presence‑based rule going forward and removing prior generation‑based barriers for pre‑start adoptions (Bill Summary (c)–(d); Clause 4, new s.5.1(4)).
• Provides compassionate coverage for cases where a qualifying parent or grandparent has died, avoiding gaps caused by timing (Clause 1, new s.3(1.5); Clause 4, new s.5.1(6); Clause 2, s.4(2)).
• Respects choice by offering a simplified renunciation route for people who gain citizenship automatically and do not want it (Clause 6, s.27(1)(j.1)(iv)).

Opponents' View#

• Administrative burden and cost risk: automatic restorations and new eligibility may increase applications for proof or certificates; the bill provides no implementation funding or timelines (Expenses; Coming into Force).
• Complexity and legal certainty: numerous cross‑references, retroactive deeming “from birth,” and “deemed not by way of grant” rules could create confusion about status, transmission rights, and documentation (Clause 1, s.3(6.2), s.3(6.5), s.3(7)(h)).
• New 1,095‑day requirement may exclude children of long‑term expatriates or dual‑citizen families who lack recent presence in Canada, even if both parents are Canadian but born abroad (Clause 1, new s.3(3)(a)).
• Verification and enforcement: proving 1,095 days of parental presence before a child’s birth or adoption may be document‑heavy and slow, especially for events abroad (Clause 1, new s.3(3); Clause 4, new s.5.1(4)).
• Uneven treatment over time: people born before the start date are covered broadly, but those born after must meet the presence test, creating different outcomes for similar families based solely on timing (Bill Summary (a)–(b); Clause 1, new s.3(3)).