
The Canadian federal government has received a two-month extension from the Ontario Superior Court of Justice to finalize amendments to the country’s Citizenship Act, moving the existing deadline from November 20, 2025, to January 20, 2026. This extension provides Parliament crucial additional time to complete the process of passing Bill C-3, which aims to address constitutional issues around the First-Generation Limit (FGL) on Canadian citizenship by descent.
Bill C-3 represents a significant step toward expanding who can claim Canadian citizenship, particularly for those born abroad to Canadian parents. The current FGL, introduced in 2009, restricts citizenship by descent to only the first generation born outside Canada. As a result, Canadians born abroad cannot automatically pass their citizenship to their children if they themselves were born outside the country. This limit has been criticized for creating a two-tier system, excluding many families from accessing citizenship rights and contributing to a sense of inequity and exclusion.
A landmark ruling in December 2023 by the Ontario Superior Court declared the FGL unconstitutional. The ruling found that the limit infringed on mobility rights and created a second class of citizenship, ultimately violating the Canadian Charter of Rights and Freedoms. Initially, the court gave the government a six-month deadline to amend the Citizenship Act, with extensions following as lawmakers worked to replace the existing framework with a constitutionally compliant model.
The goal of Bill C-3 is to remove the FGL and allow Canadian citizenship by descent to pass to second and subsequent generations, subject to a “substantial connection to Canada” requirement in some cases. This provision aims to ensure that the law is balanced—allowing greater flexibility for families living and working overseas, while still maintaining a meaningful link to Canada for new generations. The bill has already progressed through three readings in the House of Commons and has reached the Senate Standing Committee on Social Affairs, Science and Technology. If the Senate recommends no further amendments, Bill C-3 could receive Royal Assent and become law before the new January 2026 deadline.
In the meantime, interim measures remain in effect. Individuals affected by the FGL who wish to obtain Canadian citizenship may be eligible for a discretionary grant. These measures cover a variety of situations, including children and adults born before and after December 19, 2023, and those who previously lost citizenship under old retention rules. Applicants may submit requests for Canadian citizenship through special channels established by Immigration, Refugees and Citizenship Canada (IRCC), with the possibility of urgent processing if needed. However, these interim provisions will end once Bill C-3 comes into force, at which point the new legislative rules will take effect.
This latest deadline marks the fourth time the federal government has asked for more time to complete the amendment process. The court, however, has acknowledged the government’s “significant progress,” including the bill’s advancement in Parliament, as evidence that the changes are genuinely underway. The government’s revised extension request is also the first time it has opted for a shorter, forward-moving deadline, reflecting increased urgency and optimism that the bill will be enacted soon.
The debate over the First-Generation Limit and ongoing amendments to the Citizenship Act have had broad implications for thousands of Canadians worldwide. The passage and implementation of Bill C-3 will mark a pivotal change, allowing many previously excluded families to claim citizenship rights in Canada and reaffirming the principle of equality for Canadians, regardless of where they or their parents were born. As January 2026 approaches, there is cautious optimism that these long-awaited reforms will finally become part of Canadian law, ensuring fairness and consistency for future generations.
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