Canadian Citizenship by Descent and Bill C-3
A person born abroad after February 14, 1977 is a Canadian citizen if a parent was a citizen at the birth (Citizenship Act s.3(1)(b)). Since Bill C-3 took effect on December 15, 2025, one limit remains. A child born abroad from that date to a citizen-by-descent parent needs a citizen parent with 1,095 days in Canada before the birth.
1,095 days
A citizen parent’s days in Canada before a birth s.3(3) reaches
$75
The proof of citizenship fee for an adult
about 34 months
IRCC’s posted wait for a citizenship certificate
Who is a Canadian citizen by descent?
Citizenship by descent means Canadian citizenship that comes through a parent rather than from birth on Canadian soil (jus soli) or through naturalization.
Section 3(7)(h) deems a person under s.3(1)(b) a citizen from the time they were born. So the application IRCC receives is for proof of a citizenship already held (a citizenship certificate), not for a grant. The full text is in section 3 of the Citizenship Act.
- s.3(1)(g): born abroad before February 15, 1977
- A person born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth, and who did not become a citizen before that paragraph came into force, is a citizen. This group was addressed by the 2009 amendments, not by Bill C-3.
- s.5.1: adopted by a Canadian citizen
- Where the Canadian parent is an adoptive parent, s.3(1)(b) does not apply. The adopted person applies for a grant of citizenship under s.5.1.
The rule
A person born outside Canada after February 14, 1977 is a citizen if, at the time of the birth, one of their parents, other than a parent who adopted them, was a citizen.
What did Bill C-3 change on December 15, 2025?
Since April 17, 2009, Canadian citizenship by descent was limited to the first generation born abroad. Bill C-3 (An Act to amend the Citizenship Act (2025), S.C. 2025, c. 5) replaced the first-generation limit with a "substantial connection to Canada" test.
It also retroactively restored citizenship to many "Lost Canadians" who had lost or never acquired citizenship due to previous legislative gaps. That includes people who lost it because they did not apply to retain it under the former section 8 retention rule, or whose application to retain it was refused.
Section 3(3) now reaches only a person born outside Canada on or after December 15, 2025. For more details, see IRCC’s Bill C-3 overview on canada.ca (opens in a new tab).
How does the 1,095-day test work?
Under Bill C-3, the "substantial connection to Canada" test is a count of days of physical presence, set out in s.3(3) of the Citizenship Act. It reaches a child born outside Canada on or after December 15, 2025 where the citizen parent was a citizen by descent or by an adoption grant and was born outside Canada. For that child, s.3(1)(b) does not apply if no citizen parent was physically present in Canada for at least 1,095 days before the birth.
Only days of physical presence count. Property, family ties or financial connections in Canada do not. Section 3(3) counts the total days before the birth and does not require them to be consecutive.
Section 3(5) lifts the test where a parent, at the birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or a provincial public service, other than as a locally engaged person. It also lifts it where a grandparent was employed that way at the parent’s birth or adoption.
A birth abroad before December 15, 2025 falls outside s.3(3). IRCC assesses the count on a proof of citizenship application.
How do you apply for proof of citizenship?
Apply online, or on paper with form CIT 0001
IRCC’s proof of citizenship page asks a few questions to check whether you can apply online. On paper, the package includes the instruction guide, forms and document checklist.
CIT 0001
Gather supporting documents
Include proof of parentage and Canadian citizenship for your Canadian parent, issued by the original authority, such as a provincial or territorial birth certificate. Add the same for a grandparent or earlier ancestor where your claim runs through them. For a second-generation birth on or after December 15, 2025, add records of the Canadian parent’s days of physical presence in Canada before the birth.
Pay the government fee
The proof of citizenship application fee is $75 CAD (adults). No right of citizenship fee applies: you are proving existing citizenship, not applying for a grant.
Submit your application
Apply online if IRCC’s questions show you can, or on paper (IRCC’s proof of citizenship page gives the paper instructions).
Wait for processing
Processing times vary by case. Check the current proof of citizenship processing time on canada.ca.
Receive your citizenship certificate
Once approved, you receive a citizenship certificate. You can then apply for a Canadian passport.
Gather these as well before you submit:
- If a birth certificate is missing: other records from the original authority, such as a hospital record of birth, a baptismal record, census records, or a Canadian citizenship or naturalization certificate.
- A translation of any document not in English or French, with a sworn statement (affidavit) from the translator. IRCC does not accept translations by family members.
Do you have to give up another citizenship?
Canada allows dual (and multiple) citizenship. Claiming Canadian citizenship by descent does not require you to renounce your current citizenship.
- A dual Canadian citizen needs a valid Canadian passport to board a flight to Canada, or a special authorization in some cases (IRCC).
- Not every country allows dual citizenship, and you may lose your current citizenship. Check with that country’s embassy or consulate (IRCC).
- For US citizens: Canada allows it. Check the US rules with the US State Department.
- Canadian income tax turns on residency, not citizenship (CRA). US citizens are taxed by the US on worldwide income wherever they live (IRS).
Canadian citizenship gives the right to enter, remain in and leave Canada (Charter s.6(1)).
Which free tool checks your own case?
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What does citizenship by descent mean in Canada?
It is citizenship that passes from a parent to a child born outside Canada. Under Citizenship Act s.3(1)(b), a person born abroad after February 14, 1977 is a citizen if a parent, other than an adoptive parent, was a citizen at the birth. No immigration program is involved. IRCC confirms it through a proof of citizenship application. Section 3 of the Citizenship Act, linked from this guide, sets out every paragraph.
What is the substantial connection test under Bill C-3?
It is a count of days in s.3(3) of the Citizenship Act. It applies to a child born abroad on or after December 15, 2025 to a parent who is a citizen by descent (or by an adoption grant) and was born abroad. A citizen parent then needs 1,095 days of physical presence in Canada before the birth, not necessarily consecutive. Section 3(5) lifts the test for Crown service abroad. The Citizenship by Descent Explorer walks through it.
Can I get Canadian citizenship through a grandparent or great-grandparent?
Only through a parent who was a citizen when you were born, because s.3(1)(b) passes citizenship one generation at a time. A parent born abroad after February 14, 1977 to a Canadian is a citizen. If you were born before December 15, 2025, s.3(7)(h) deems you a citizen from birth, and IRCC's page says most such people are citizens automatically. A later birth needs the 1,095-day count. The Citizenship by Descent Explorer checks each generation.
How do I apply for proof of Canadian citizenship by descent?
You apply for a citizenship certificate online if IRCC's questions show you can, or on paper with form CIT 0001. Include proof of your Canadian parent's parentage and citizenship, such as a provincial or territorial birth certificate or a citizenship certificate, and every document on the checklist. For a birth on or after December 15, 2025, add records of the parent's days in Canada. IRCC's proof of citizenship page gives the paper instructions. Our Immigration Forms page links to the form.
How much does it cost to get proof of Canadian citizenship?
The IRCC fee for a proof of citizenship (a citizenship certificate) is $75 CAD for an adult. No right of citizenship fee applies, because you are proving citizenship you already hold. A Canadian passport, applied for afterward, carries its own fee. Fees change, so confirm the amount on canada.ca before you apply. Our Fee Calculator shows the current citizenship fees from the IRCC schedule.
Can Americans get Canadian citizenship by descent?
Yes, when a parent was a Canadian citizen at the birth, since the Citizenship Act applies the same way to anyone born abroad. An American born after February 14, 1977 to such a parent falls under s.3(1)(b). Canada allows dual citizenship. Check the US rules with the US State Department. US citizens keep US tax obligations wherever they live.
I was born abroad before December 15, 2025. Does Bill C-3 make me a citizen?
In most cases yes, if a parent was a citizen when you were born. Section 3(3), the old first-generation limit, now reaches only births on or after December 15, 2025. For an earlier birth, s.3(1)(b) applies and s.3(7)(h) deems you a citizen from birth. Exclusions remain, such as s.3(2.5) for someone granted citizenship before the change who later renounced it. IRCC confirms status on a proof of citizenship application.
When did Bill C-3 come into force?
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 1,095-day count applies to births abroad from that date. For adoptions from that date, s.5.1(4) applies the same count before the adoption. Section 3(1.5) covers families where the parent, or the parent and grandparent, died before the Act took effect. IRCC's Bill C-3 overview on canada.ca, linked above, tracks later changes.
Part of:Already a permanent resident
- Permanent Resident vs Canadian Citizen
- Returning to Canada After Living Abroad: A Returning Resident's Guide
- Record of Landing (IMM 1000) & COPR Explained
The textbook on this subject
Volume 2: Immigrating to Canada $79
The economic and family pathways to permanent residence, explained from the published criteria.
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This page is based on law and policy published by the Government of Canada.