Canada's 'Lost Canadians' Citizenship Bill Receives Royal Assent, Becomes Law

Historic Legislation Becomes Law

A significant piece of legislation, Bill C-3, designed to restore Canadian citizenship to individuals often referred to as 'Lost Canadians,' has officially become law. The bill passed the Senate on Wednesday, November 19, 2025, and subsequently received royal assent on Thursday, November 20, 2025, marking a pivotal moment for those affected by outdated and unconstitutional citizenship provisions.

Defining 'Lost Canadians' and the Path to Reform

The term 'Lost Canadians' refers to individuals who, despite having strong ties to Canada, either lost or never acquired Canadian citizenship due to various historical and often discriminatory aspects of nationality law. These cases often stemmed from provisions related to sex, marital status, place of birth, or naturalization status. For example, some individuals lost citizenship if their Canadian parent was also born abroad (creating a 'second generation born abroad' issue), or if a Canadian woman married a non-Canadian before 1947.

A key driver for the new legislation was the 'first-generation limit' introduced in 2009, which prevented Canadian citizens born abroad from automatically passing their citizenship to their children also born outside the country. This limit was challenged and ultimately declared unconstitutional by the Ontario Superior Court in December 2023, which found it violated the mobility and equality rights enshrined in the Charter of Rights and Freedoms. The court mandated that the government amend the legislation, setting a deadline that was most recently extended to November 20, 2025.

Key Provisions of Bill C-3

Bill C-3 introduces several critical changes to the Citizenship Act:

• It retroactively grants citizenship to all individuals born abroad to a Canadian parent before the legislation's coming into force date, effectively restoring citizenship to many 'Lost Canadians' and their descendants.
• For those born after the new law takes effect, Canadian citizenship can now be passed down beyond the first generation born abroad. This is contingent on the Canadian parent having a 'substantial connection' to Canada, demonstrated by a cumulative physical presence of at least three years (1,095 days) in Canada before the child's birth or adoption.

While the bill aims to resolve the majority of outstanding cases, some discussions in the Senate, including by Saskatchewan Sen. David Arnot, highlighted concerns that the legislation might not fully address the citizenship rights of 'intercountry adoptees' for passing on citizenship to their children if they are also born abroad.

The Legislative Journey to Royal Assent

The passage of Bill C-3 through Parliament involved rigorous debate and review. After being introduced, it underwent readings and committee scrutiny in both the House of Commons and the Senate. Senator Mary Coyle sponsored the bill in the Senate, emphasizing its importance in affirming the right to citizenship. Royal assent, the final step in the Canadian legislative process, signifies the formal approval by the Governor General (or a deputy) of a bill that has been passed by both houses of Parliament, officially transforming it into an Act of Parliament and part of Canadian law.

Impact and Future Outlook

The new law is expected to bring resolution and a sense of belonging to thousands of individuals who have long sought recognition of their Canadian citizenship. The government, through Immigration, Refugees and Citizenship Canada (IRCC), has stated that the amendments aim to rectify past injustices and ensure fair access to citizenship while upholding its value.