By John Richardson, J.D. – Toronto, Canada – August 9, 2026
I have organized this post into the following Parts:
Introduction – Explaining the purpose
Part A – Canada’s citizenship by descent law from December 15, 2025 – What the law says
Part B – Understanding the language of Bill C-3 Canada’s citizenship by descent rules
Part C – Parsing the language of Bill C-3: How the legislation compels these conclusions
Part D – A Review: What is the legislative source of these conclusions? How does one get there? – The Text of relevant parts of Bill C-3
Part E – In Summary
Appendix A – Canada Citizenship Act
Appendix B – Canada Justice Minister – Explanation of Bill C-3
Appendix C – Bill C-3 Backgrounder
Appendix D – How To Apply For A Certificate Of Canadian Citizenship
Appendix E – Legislative Summary Of Bill C-3
Appendix F – The Complete Text Of Section 3 Of the Canada Citzenship Act
Introduction – Explaining the purpose
The purpose of this post is narrow. It is to explain how the new “citizenship by descent rules” follow from the text of Section 3(1) of The Canada Citizenship Act.
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#docCont
Bill C-3 – Canada’s new citizenship law – Effective December 15, 2025
I am going to be honest. I find it very difficult to read the Canada Citizenship Act and make sense of it. I understand what the commentators say that it says. That’s great. But I feel more comfortable if I can understand the legislation, parse the legislation and understand how the sections fit together.
Bottom line: If somebody asks you:
Q. Where in the Canada Citizenship Act does it specifically say that, if a child is born outside of Canada, after December 14, 2025, to a parent who was a Canadian citizen and that Canadian citizen parent was also born outside of Canada, then that parent is required to have 1095 days of physical presence in Canada prior to the child’s birth in order to transmit citizenship to the child?
A. Well, you better be able to provide an answer.
Part A – Canada’s citizenship by descent law from December 15, 2025 – What the law says
Bill C-3 which taok effect on December 15, 2025 has created an unprcedented opportunity to be recognized as a Canadian citizen for those born outside of Canada
In general: According to Bill C-3, if you were born outside of Canada to a Canadian citizen parent the rules for citizenship by descent depend on the date of your birth and how your parent became a Canadian citizen.
Bill C-3 states that:
1. If you were born outside of Canada to a Canadian citizen and that parent was born in Canada or naturalized as a Canadian citizen, then you ARE a Canadian citizen.
2. If you were born outside of Canada to a Canadian citizen parent, who was neither born or naturalized in Canada, then whether you ARE a Canadian citizen depends on the date of your birth. Your Canadian citizenship depends on whether you were born before December 15, 2025 or after December 14, 2025.
Category 1: You were born outside of Canada prior to December 15, 2025 to a Canadian citizen parent (even those recognized as citizens under Bill C-3) you ARE a Canadian citizen.
Better yet, you are a citizen from the moment of birth.
Even if under the law in effect at the time you were born, you were NOT a Canadian citizen, Bill C-3 operates to retroactively make you a Canadian citizen from the date that you were born. Therefore, Bill C-3 may recognize as Canadian citizens those who under previous laws were NOT entitled to a Certificate Of Canadian citizenship prior to December 15, 2023. Bill C-3 may make your parent a Canadian citizen which means that you were born to a Canadian citizen prior to December 15, 2025!
Note that proof of the Canadian citizenship of the parent is crucial!! There is no deadline by which you must apply for your “Certificate Of Canadian citizenship”. The December 15, 2025 date acts as the dividing line which separates those who are subject to the 1095 rule and those who are not!
Category 2: If you were born outside of Canada after Decemember 14, 2025 to a Canadian citizen parent, who was born outside of Canada, you may or may not be a Canadian citizen.
If you were born outside of Canada to a Canadian citizen parent, who was born outside of Canada, your Canadian citizen parent must have accumulated 1095 days of presence in Canada prior to your birth. Proof of the Canadian citizenship of the parent is crucial. Proof of the 1095 days of physical presence is crucial.
Put another way: Those born outside of Canada after December 14, 2025 to a Canadian citizen parent who was also born outside of Canada, will be a citizen if the parent had 1095 days of presence in Canada prior to the child’s birth.
In ALL cases the parent must have been a Canadian citizen on the date that you were born.
The opportunity is incredible!
Whether you were born before or after December 15, 2025 Canada’s citizenship by descent rules provide a fantastic opportunity for you and for your family!
Canada’s new citizenship by descent rule provide an incredible and unprecedented opportunity to receive a “Certificate Of Canadian Citizenship” effective from the date that you were born! With proper planning, Canadian citizenship can be treated as a family heirloom passed from generation to generation.
The 1095 day rule applies ONLY to children born outside of Canada, after December 14, 2025, to a Canadian citizen parent who was born outside of Canada to a Canadian citizen parent.
Part B – Understanding the language of Bill C-3 Canada’s citizenship by descent rules
The purpose of this post is to explain how the new “citizenship by descent rules” follow from the text of Section 3(1) of The Canada Citizenship Act.
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#docCont
Why it is difficult to understand the Canada Citizenship Act
Like the laws of many countries, Canada’s citizenship laws are the prodcut of a long history with many amendments. Rather than “starting new”, Bill C-3 is one more amendment to previous laws. Section 3 of the Canada citizenship act describes who IS a Canadian citizen. The section describes many amendments or repeals of previous laws. This makes it very difficult (I would argue mear impossible) for the average person to understand who IS a Canadian citizen. An understanding of how the law has evolved is essential. History matters.
I invite you to pause, go to the the end of this post and locate Appendix F which reproduces Section 3 in its entirety. A perusal of Section 3 will confirm the importance of understanding how Canada’s citizenship law has evolved. I once heard the great Canadian lawyer J.J. Robinette say that a lawyer was a “practical historian”. The Canada Citizenship Act proves that he was correct!
If you wish to begin the “historical trip down the legislative lane” I recommend the “Legislative Summary” which is available here. It is also found in Appendix B of this post.
This post is of a general nature. I will NOT describe in detail when children adopted outside of Canada by Canadian citizens BECOME Canadian citizens. Hint: 1. Not citizens at birth 2. Are naturalized by direct grant of citizenship and 3. Are otherwise treated as children born outside of Canada to a Canadian citizen parent.
In addition, I realize that children of foreign diplomats born in Canada are an exception to Canada’s birthright citizenship rules. The purpose of this post is to try to understand and simplify the BASIC rules.The problem of simplifying complex legal rules is that one must choose between being completely accurate (which I will not attempt) or mostly clear (which I will attempt).
My “mostly clear” summary of the rules for “Who is a Canadian citizen” is:
A person born in Canada or naturalized (after birth) as a Canadian citizen IS a Canadian citizen.
A person born outside of Canada to a Canadian citizen parent IS a Canadian, unless he was born after December 14, 2025 to a Canadian citizen parent who was born outside of Canada, in which case that parent must have had at least 1095 days of physical presence in Canada prior to the child’s birth.
Note the 1095 days physical presence rule applies if, after December 14, 2025, the person was born outside of Canada to a Canadian citizen parent who was: (1) a Canadian citizen at the time of the birth AND (2) that parent was also born outside of Canada. (Because a “naturalized citizen” was NOT born outside of Canada to a Canadian citizen parent, the naturalized citizen is not subject to the 1095 day rule and can pass citizenship to the child. (Of course the naturalization laws require presence in Canada of more than 1095 in order to naturalize as a Canadian citizen. Therefore, naturalized citizens will have demonstrated significant physical presence in Canada.) A parent born in Canada can also pass Canadian citizenship to the child born outside of Canada.
To restate the principle:
A child born outside of Canada to a Canadian citizen parent is not a Canadian citizen by descent, if:
(1) The child is born outside of Canada to (1) a Canadian citizen parent who (2) was also born outside of Canada and (3) the parent does not have 1095 days of physical presence in Canada prior to the birth of the child.
Part C – Parsing the language of Bill C-3: How the legislation compels these conclusions
The legislation is understood by numermous lawyers, bloggers and commentators to say that:
1. Any person born in Canada after February 14, 1977 IS a Canadian Citizen – (legislative source 3(1)(a) of Canadian Citizenship Act).
2. Any person naturalized as a Canadian citizen IS a citizen – (legislative source 5(1) of Canadian Citizenship Act).
3. Any person born outside of Canada to either a Canadian citizen who was born in Canada or a person who was naturalized as a Canadian ciitzen IS a Canadian citizen – (legislative source 3(1)(b) of Canadian Citizenship Act).
4. Any person born outside of Canada before December 15, 2025 to any Canadian citizen IS a Canadian citizen – (legislative source 3(1)(b) of Canadian Citizenship Act).
5. Those born outside of Canada on or after December 15, 2025 to a Canadian citizen parent, who was born outside of Canada, are a Canadian citizen only if at least one of the Canadian citizen parents had 1095 days of physical presence in Canada prior to the child’s birth – (legislative source 3(1)(a) and 3(3) of Canadian Citizenship Act).
The language in 1 – 5 above which is in italics identifies the sections of the Canada Citizenship Act which justify these conclusions. Part D includes the exact text.
Part D – A Review: What is the legislative source of these conclusions? How does one get there? – The Text of relevant parts of Bill C-3
The Right to Citizenship
Marginal note:Persons who are citizens
3 (1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
JR Commentary:So far we see that a person born in Canada (3(1)(a)) or naturalized in Canada (3(1)(c) IS a Canadian citizen. Note also that (3(1)(b)) says that a person born outside of Canada to a Canadian citizen parent is a Canadian citizen. The language also says “subject to this Act”.
Now, where does this 1095 day rule come from? As a reminder 3(1)(b) is the general citizenship by descent section!
Not applicable — after first generation
(3) Paragraph (1)(b) does not apply to a person born outside Canada on or after the day on which An Act to amend the Citizenship Act (2025) comes into force
(a) if
(i) at the time of the person’s birth
(A) only one of the person’s parents was a citizen and that parent was a citizen under any of paragraphs (1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,
(B) only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(f) and was born outside Canada to a parent who was a citizen at the time of their birth, or
(C) both of the person’s parents were citizens under any of paragraphs (1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of a parent who was a citizen under paragraph (1)(f), that parent was born to a parent who was a citizen at the time of their birth, and
(ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth; or
JR Commentary: In other words, a person born outside of Canada on or after December 15, 2025 to a Canadian citizen parent who was born outside of Canada and became a Canadian citizen pursant ot IS a Canadian citizen ONLY if that Canadian citizen parent became a citizen by being born outside to a Canadian ciizen parent, had 1095 days of physical presence in Canada before the child’s birth.
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#docCont
Part E – In Summary
It is NOT easy to immediately understand these rules. Hopefully, Parts, A, B, C and D above explain the rules. Basically the rules should be understood to mean that:
(i) Those born in Canada or naturalized in Canada ARE Canadian ctizens.
(ii) Those born outside of Canada to Canadian citizens ARE Canadian citizens.
(iii) Creates an exception to the rule in (ii) by adding that if born outside of Canada after December 14, 2026 to a Canadian citizen parent, who was born outside of Canada, became a citizen under (1)(f), that the Canadian citizen parent must have had 1095 of physical presence in Canada prior to the child’s birth.
(Remember that this does not apply in the case of a birth to a naturaized Canadian citizen parent because the naturalized parent did NOT become a Canadian citizen under (1)(f).
Hope this helps!
John Richardson – Follow me on X.com/ExpatriationLaw
Appendix A – Canada Citizenship Act
https://laws-lois.justice.gc.ca/eng/acts/C-29/page-1.html#docCont
Appendix B – Canada Justice Minister – Explanation of Bill C-3
http://citizenshipsolutions.ca/wp-admin/post.php?post=128676&action=edit
Appendix C – Bill C-3 Backgrounder
Appendix D – How To Apply For A Certificate Of Canadian Citizenship
Appendix E – Legislative Summary Of Bill C-3
Appendix F – The Complete Text Of Section 3 Of the Canada Citzenship Act
PART IThe Right to Citizenship
Marginal note:Persons who are citizens
3 (1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
(c.1) the person has been granted citizenship under section 5.1;
(d) the person was a citizen immediately before February 15, 1977;
(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act;
(f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:
(i) the person renounced his or her citizenship under any of the following provisions:
(A) paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3),
(B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33,
(C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,
(D) subparagraph 18(1)(b)(iii) of the former Act,
(E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or
(F) section 9 of this Act, or
(ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions:
(A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
(B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8,
(C) paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4,
(D) paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,
(E) paragraph 18(1)(a) of the former Act,
(F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or
(G) section 10 of this Act;
(iii) [Repealed, 2025, c. 5, s. 1]
(g) the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen;
(h) the person was granted citizenship on or after January 1, 1947 but before April 17, 2009, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, the person took the oath of citizenship;
(i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, took the oath of citizenship:
(i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,
(ii) subsection 5(1) or (4) or 11(1) of this Act, or
(iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;
(j) under prior legislation, the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii) and resumed citizenship;
(k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;
(l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;
(m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;
(n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;
(o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;
(p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;
(q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or
(r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.
Marginal note:For greater certainty
(1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.
Marginal note:Citizen despite death of parent
(1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).
Marginal note:Citizen despite death of parent
(1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).
Marginal note:Citizen despite death of parent
(1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.
Marginal note:Citizen despite death of parent
(1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.
Marginal note:Citizen despite death of parent
(1.5) A person who would not become a citizen under one of the paragraphs of subsection (1) for the sole reason that their parent or both their parent and their parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2025) is a citizen under that paragraph if that parent — or both that parent and that parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.
Marginal note:Not applicable to children of foreign diplomats, etc.
(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was
(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
(b) an employee in the service of a person referred to in paragraph (a); or
(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
Marginal note:Not applicable — paragraphs (1)(k), (m), (o) and (q)
(2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if
(a) before January 1, 1947, the person made a declaration of alienage; or
(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).
Marginal note:Not applicable — paragraphs (1)(b), (g) and (h)
(2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).
Marginal note:Not applicable — paragraphs (1)(l), (n), (p) and (r)
(2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if
(a) before April 1, 1949, the person made a declaration of alienage; or
(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).
Marginal note:Not applicable — paragraphs (1)(b), (g) and (h)
(2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).
Marginal note:Not applicable — paragraphs (1)(b), (f) to (j), (q) and (r)
(2.5) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person who became a citizen by way of grant before the day on which this subsection comes into force and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).
Marginal note:Not applicable — after first generation
(3) Paragraph (1)(b) does not apply to a person born outside Canada on or after the day on which An Act to amend the Citizenship Act (2025) comes into force
(a) if
(i) at the time of the person’s birth
(A) only one of the person’s parents was a citizen and that parent was a citizen under any of paragraphs (1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,
(B) only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(f) and was born outside Canada to a parent who was a citizen at the time of their birth, or
(C) both of the person’s parents were citizens under any of paragraphs (1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of a parent who was a citizen under paragraph (1)(f), that parent was born to a parent who was a citizen at the time of their birth, and
(ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth; or
(b) if
(i) at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions or both of the person’s parents were citizens under any of the following provisions:
(A) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
(B) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
(C) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
(D) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
(E) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
(F) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
(G) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
(H) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act, and
(ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth.
(4) [Repealed, 2025, c. 5, s. 1]
(4.1) [Repealed, 2025, c. 5, s. 1]
Marginal note:Exception — child or grandchild of person in service abroad
(5) Subsection (3) does not apply to a person
(a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
(b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
(5.1) [Repealed, 2025, c. 5, s. 1]
(5.2) [Repealed, 2025, c. 5, s. 1]
Marginal note:Citizenship other than by way of grant
(6) A person referred to in paragraph (1)(h), (i) or (j) is deemed, except for the purposes of that paragraph, never to have been a citizen by way of grant.
Marginal note:Citizenship other than by way of grant — certain children born after February 14, 1977
(6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if
(a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or
(b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).
Marginal note:Citizenship other than by way of grant
(6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraphs 27(1)(j.1)(ii) to (iv), never to have been a citizen by way of grant.
Marginal note:Deemed application
(6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).
Marginal note:Deemed application
(6.4) A person who is referred to in paragraph (1)(b) and also in paragraph (1)(f) is deemed to be a citizen only under paragraph (1)(f).
Marginal note:Citizenship other than by way of grant
(6.5) A person who is referred to in any of paragraphs (1)(b), (f) to (j), (q) and (r) as a result of the coming into force of An Act to amend the Citizenship Act (2025) and who became a citizen by way of grant before the coming into force of that Act is deemed, except for the purposes of paragraphs (1)(h) to (j) and (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraph 27(1)(j.1)(iv), never to have been a citizen by way of grant.
Marginal note:Deemed application
(7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force
(a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) is deemed to be a citizen under paragraph (1)(c) from the time that the person ceased to be a citizen:
(i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,
(ii) subsection 5(1) or (4) or 11(1) of this Act, or
(iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;
(b) a person referred to in paragraph (1)(d) who, under prior legislation, ceased to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) and resumed citizenship is deemed to be a citizen under paragraph (1)(d) from the time that he or she ceased to be a citizen;
(c) a person referred to in paragraph (1)(f) who, at the time he or she ceased to be a citizen, was a citizen by way of grant is deemed to have been granted citizenship under that paragraph at that time;
(d) a person referred to in paragraph (1)(f) — other than a person described in paragraph (c) — is deemed to be a citizen under paragraph (1)(f) from the time the person ceased to be a citizen;
(e) a person referred to in paragraph (1)(g) or (h) is deemed to be a citizen from the time that he or she was born;
(f) a person referred to in paragraph (1)(i) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen;
(g) a person referred to in paragraph (1)(j) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen;
(h) a person referred to in paragraph (1)(b) is deemed to be a citizen under that paragraph from the time that the person was born;
(i) [Repealed, 2025, c. 5, s. 1]
(j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;
(k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;
(l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and
(m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.
Marginal note:Limitation
(8) For any period before the day on which subsection (7) first takes effect with respect to a person,
(a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and
(b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.
Marginal note:Definition of by way of grant
(9) In subsections (2.1) to (2.5), (6.2) and (6.5), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.