Who is a Canadian Citizen? (17:III)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 18 July 2025.

Section 3 of the Act provides that a person is a Canadian citizen if they meet one of the enumerated conditions. In general, a person is a Canadian citizen if:

• They were born in Canada.
• They became a citizen through the naturalization process in Canada (i.e., they were a permanent resident before they became a citizen).
• They were born outside Canada and one of their parents was a Canadian citizen (by birth or naturalization) at the time of their birth (first generation born outside Canada).
• They were born outside Canada between January 1, 1947 and April 16, 2009, to a Canadian parent who was also born outside Canada to a Canadian parent.
• They were adopted outside Canada by a Canadian parent on or after January 1, 1947.

NOTE: The preconditions of citizenship listed above are not exhaustive.

A. Proposed First-Generation Limit (FGL) Amendments

The FGL typically means that someone is not automatically a Canadian citizen if they were born outside Canada and their parent was also born outside Canada to a Canadian parent or adopted outside Canada to a Canadian parent.

In December 2023, the Ontario Superior Court of Justice ruled that the FGL is unconstitutional. The Government of Canada agreed and did not appeal the ruling. In May 2024, the Government of Canada introduced Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court’s decision. The Court suspended their declaration until November 20, 2025, meaning the current rules are still in place.

To address delays in passing this legislation, the Government of Canada approved interim measures in March of 2025 to support persons affected by the first-generation limit on citizenship, which offer consideration of a discretionary grant of citizenship under subsection 5(4) of the Citizenship Act. Groups which are affected by these measures are:

• Persons born or adopted before December 19, 2023, who are subject to the first-generation limit.
• Persons born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (who will be offered priority consideration).
• Certain individuals born before April 1, 1949, who remain affected by the first-generation limit.
• Those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements.

In June 2025, the Government of Canada introduced Bill C-3: An act to amend the Citizenship Act (2025), a reintroduction of former Bill C-71: An act to amend the Citizenship Act (2024). If enacted Bill C-3 would::

• Automatically remedy the status of any person who would be a citizen today were it not for the FGL or certain outdated provisions of former citizenship legislation.
• Establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a Canadian parent’s substantial connection to Canada.

To determine whether you are affected by the first-generation limit and learn how to request consideration for a discretionary grant of citizenship, see: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/application-first-generation.html.

NOTE: Bill C-3 is currently being considered by the legislature of Canada. The amendments and interim measures associated are subject to change. Persons should refer to the latest communication from the Government of Canada on the status of the legislation and the implications for their citizenship. The most recent release as of July 12, 2025, can be found at https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/06/bill-c-3-an-act-to-amend-the-citizenship-act-2025.html.

B. Grant of Citizenship vs. Proof of Citizenship

A person who is a Canadian citizen by virtue of being born in Canada or being born outside of Canada to a Canadian parent may apply for proof of citizenship. It is not necessary to pass the citizenship test or take the oath of citizenship to receive proof of citizenship.

Individuals living outside Canada should contact the Canadian Embassy, high commission or consulate in their country. If access to a Canadian government office is not possible, there is the option to contact a Canadian government office that can provide consular service in a nearby country or a foreign government office. For more information, please check Section VIII of this chapter.

Permanent Residents of Canada who have fulfilled the necessary requirements can apply for and may be granted citizenship. See Section V of this chapter.

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