Canada has taken a significant step toward modernising its citizenship-by-descent laws, with Bill C-3, an Act to Amend the Citizenship Act (2025), receiving royal assent. This development is expected to benefit thousands of Indian-origin families affected by outdated restrictions, according to PTI.

A news release from the Canadian government on Friday described the assent as an important milestone in making the Citizenship Act more inclusive, while maintaining the value of Canadian citizenship.

Key provisions of the new law

"Once the new law comes into force, Canadian citizenship will be provided to people born before the bill comes into force, who would have been citizens if not for the first-generation limit or other outdated rules of past legislation,” the news release said.

The first-generation limit, introduced in 2009, prevented a child born or adopted outside Canada from gaining citizenship by descent if their Canadian parent was also born or adopted abroad. This rule had created challenges for many Indian-origin Canadians with children born overseas, according to those familiar with the issue.

The amendments will also enable a Canadian parent born or adopted abroad to transmit citizenship to their child born or adopted outside Canada on or after the effective date, provided the parent maintains a substantial connection to Canada, the release added.

Minister's statement on fairness

“Bill C-3 will fix long-standing issues in our citizenship laws and bring fairness to families with children born or adopted abroad. It will provide citizenship to people who were excluded by previous laws, and it will set clear rules for the future that reflect how modern families live. These changes will strengthen and protect Canadian citizenship,” said Canada’s Minister of Immigration, Refugees and Citizenship Lena Metlege Diab.

Court ruling and government response

The reforms follow a December 19, 2023, ruling by the Ontario Superior Court of Justice, which declared key provisions of the Citizenship Act related to the first-generation limit unconstitutional.

The Government of Canada chose not to appeal, acknowledging the law's unfair impact on children of Canadians born abroad.

Advocacy and future implementation

“By updating the Citizenship Act to reflect the global mobility of modern Canadian families, the federal government has made access to citizenship more fair and reasonable,” said Don Chapman, Founder of the Lost Canadians.

The bill will take effect on a date determined by order in council, to be announced publicly. In the interim, existing measures for those affected by the first-generation limit will continue, the release noted.