Who is a Canadian citizen by descent?
A person born outside Canada to a Canadian parent is a citizen under s.3(1)(b) of the Citizenship Act unless s.3(3) applies. Since December 15, 2025, s.3(3) reaches only a birth on or after that date where the Canadian parent was a citizen by descent or adoption, was born abroad, and had fewer than 1,095 days in Canada before the birth.
Answer a few short questions about one person. The tool shows which provisions of the Citizenship Act the answers touch and what those provisions say. It does not say whether anyone is a citizen: IRCC decides that, on an application.
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Question 1
Where was the person born?
The person whose citizenship the question is about: yourself, a child, or someone else in the family.
The provisions these answers touch
Answer the questions above to see the provisions.
The law behind the tool
Three sections of the Citizenship Act
Each page holds the full text in English and French.
Frequently asked questions
Who is a Canadian citizen by descent?
Under s.3(1)(b) of the Citizenship Act, a person born outside Canada after February 14, 1977 is a citizen if one parent, other than an adoptive parent, was a citizen at the birth. Section 3(3) limits that rule only for a birth on or after December 15, 2025, where the Canadian parent was a citizen by descent or by an adoption grant, was born abroad, and had fewer than 1,095 days in Canada before the birth. Read section 3 of the Citizenship Act
What is the 1,095-day rule for citizenship by descent?
It is the condition in s.3(3)(a)(ii). For a child born abroad on or after December 15, 2025 to a Canadian parent who was a citizen by descent or by an adoption grant and was born abroad, s.3(1)(b) does not apply unless a citizen parent was physically present in Canada for at least 1,095 days before the birth. The days need not be consecutive, and no five-year window applies. Citizenship by descent and the 2025 amendment
What about someone born abroad before December 15, 2025?
Section 3(3) now reaches only births on or after December 15, 2025, so an earlier birth abroad to a citizen parent falls under s.3(1)(b), and s.3(7)(h) dates that citizenship from birth. IRCC’s page on the change says that in most such cases the person is a citizen automatically. Exceptions exist, such as s.3(2.5) for a person granted citizenship who later renounced it. A citizenship certificate is how IRCC confirms it. Read section 3 of the Citizenship Act
Can an adopted child get Canadian citizenship by descent?
Not through s.3(1)(b), which counts a parent other than one who adopted the person. An adopted person applies for a grant under s.5.1, which asks, among other conditions, whether the adoption was in the child’s best interests and created a genuine relationship of parent and child. For an adoption on or after December 15, 2025, s.5.1(4) adds the same 1,095-day test, counted before the adoption. Read section 5.1 of the Citizenship Act
What is the Crown service exception?
Section 3(5) switches off the s.3(3) limit when a parent, at the child’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or a provincial public service, and was not locally engaged. It also covers a grandparent who was employed that way when the parent was born or adopted. Section 5.1(5) does the same for adoptions under s.5.1(4). Read section 3 of the Citizenship Act
How do you get proof of Canadian citizenship?
Through an application to IRCC for a citizenship certificate, which is proof of a citizenship a person already holds, not a grant. The IRCC fee is $75. IRCC states that a person who thinks they became a citizen through the 2025 change must apply for a certificate to find out for sure. An adopted person applies for a grant under s.5.1 instead. How the proof of citizenship application works
Is the 1,095-day count the same as for a citizenship grant?
No. The adult grant under s.5(1)(c)(i) counts 1,095 days inside the five years before the application, with half-day credit for time before permanent residence under s.5(1.001). Section 3(3) counts the parent’s days of physical presence in Canada at any time before the child’s birth, with no window and no half-day rule. The physical presence calculator counts the grant version. Physical presence calculator
Read deeper
The rule behind this tool, in the law and in plain words.
Provisions checked against the Citizenship Act (current to 2026-09-03, last amended 2025-12-15): September 27, 2026