Canada’s First-Generation Limit on Citizenship by Descent Explained

Update (September 2026): This article was originally written while the court challenge to the first-generation limit was still under way. In December 2023, the Ontario Superior Court of Justice ruled that the limit was unconstitutional, and Bill C-3, An Act to amend the Citizenship Act (2025), received Royal Assent on November 20, 2025 and came into force on December 15, 2025. The sections below have been updated to reflect the current rules. For the latest details, see IRCC’s page on the 2025 changes.

However, in 2009 the government introduced the “first-generation limit,” under which only the first generation born outside Canada could acquire Canadian citizenship by descent. Diane Finley, the Minister of Immigration at the time, stated that the change was introduced to limit the growth of “Canadians of convenience” and to ensure that only those with a genuine connection to Canada hold citizenship.

Court Challenge to the First-Generation Limit

A lawsuit brought by 23 people from seven families argued that the first-generation limit introduced in 2009 discriminates on the basis of place of birth, infringes mobility and liberty rights, and unreasonably disadvantages women who have unavoidable reasons for giving birth outside Canada.

In December 2023, the Ontario Superior Court of Justice ruled that the first-generation limit was unconstitutional for many people because it violated the Canadian Charter of Rights and Freedoms.

When the new rule was introduced in 2009, Minister Finley raised concerns about “Canadians of convenience”: people who seek Canadian citizenship simply to keep the option of living in Canada, without ever setting foot in Canada or having any real connection to the country. However, Sujit Choudhry, counsel in this lawsuit, said: “The people bringing this lawsuit are not Canadians of convenience. They returned to Canada at a young age and spent their formative years here.”

Canadians born in Canada, or Canadians who became citizens through naturalization, could pass Canadian citizenship on to their children even if those children were born abroad, yet Canadian parents who were themselves born abroad could not. The legal team argued that this is an artificial distinction and a textbook example of discrimination.

The New Rules Under Bill C-3 (Since December 15, 2025)

Following the court ruling, Parliament passed Bill C-3, which came into force on December 15, 2025. Under the new rules:

• Born abroad before December 15, 2025: People born outside Canada in the second generation or later to a Canadian parent before this date automatically became Canadian citizens when the law came into force (anyone who does not wish to be a citizen can apply to renounce it).
• Born or adopted abroad on or after December 15, 2025: A Canadian parent who was themselves born or adopted outside Canada can pass on citizenship if they have a “substantial connection” to Canada, meaning at least 1,095 days (three years) of cumulative physical presence in Canada before the child’s birth or adoption.

The official process by which the Government of Canada recognizes whether a person holds Canadian nationality (i.e., is a Canadian citizen) is to apply for a Canadian citizenship certificate.
The citizenship certificate is issued by Immigration, Refugees and Citizenship Canada (IRCC) and, like a Canadian birth certificate, serves as proof that you are a Canadian citizen. You can apply for a citizenship certificate at any time, and you can submit the application whether or not your Canadian parent is still living.

How to Apply for a Canadian Citizenship Certificate

To apply for a Canadian citizenship certificate, you need to download the application package from the IRCC website.
When applying, you must prove that at least one of your parents (biological or legal parent) was a Canadian citizen at the time of your birth. The application can be submitted online. Once IRCC receives the application, you will be sent an “Acknowledgement of Receipt,” and your application will then be reviewed and processed.

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