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How Canadian citizenship by descent works

The eligibility rules for Canadian citizenship by descent, in plain English — who may qualify, what disqualifies, and the legal regimes over time, each cited to its primary statute.

General guidance, not legal advice. This describes how the law works in general — it is not a determination about any specific person. Confirm your own case with the relevant authority or a qualified professional.

Who may qualify

A qualifying path — via the certificate route

Requirements

ALL of the following

the applicant must have been born in canada.

birthplace:
canada

the applicant has a recorded foreign diplomat child such that value = false.

value:
false

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(1)(a) — citizenship by birth in Canada (jus soli), s. 3(2) foreign-diplomat-child exception now MODELED via the foreign_diplomat_child gate

A qualifying path — via the certificate route

Date keying

  • Applies to people born before 1977-02-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born before 1977-02-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
1977-02-15
comparison:
born before

the qualifying ancestor has a recorded gender such that value = female. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
female

the applicant has a qualifying born in wedlock (value). If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
true

This rule applies the "p11_restoration" check (no plain-English template is registered for it yet).

Primary sources

  • § Canadian Citizenship Act 1947, s.5 (pre-1977 in-wedlock paternal-only descent)
  • § Bill C-37 (2009) and Bill C-3 (2015, 2025) — retroactive restoration of Lost Canadians (gender bar)

A qualifying path — via the certificate route

Date keying

  • Applies to people born on or after 2025-12-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born on or after 2025-12-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
2025-12-15
comparison:
born on or after

Must NOT be true

the applicant's link to the qualifying ancestor is by adoption (rather than by birth).

tie is adoptive:
yes

the applicant must be the parent of the qualifying ancestor.

relationship:
parent

the qualifying ancestor must have been born in canada.

birthplace:
canada

the qualifying ancestor must have held canadian citizenship at the moment the applicant was born, passing it down the line by descent.

required citizenship:
canadian

the qualifying ancestor must not have naturalized as a citizen of another country before the applicant was born.

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(1)(b)
  • § An Act to amend the Citizenship Act (Bill C-3, S.C. 2025) — first-generation transmission preserved post-2025-12-15

A qualifying path — via the certificate route

Date keying

  • Applies to people born on or after 2025-12-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born on or after 2025-12-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
2025-12-15
comparison:
born on or after

Must NOT be true

the applicant's link to the qualifying ancestor is by adoption (rather than by birth).

tie is adoptive:
yes

the qualifying ancestor has a qualifying crown servant parent (value). If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
true

the qualifying ancestor must have held canadian citizenship at the moment the applicant was born, passing it down the line by descent.

required citizenship:
canadian

the qualifying ancestor must not have naturalized as a citizen of another country before the applicant was born.

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(5) (as amended by Bill C-3, S.C. 2025, c.5) — Crown Servant exemption from the s. 3(3) substantial-connection test

A qualifying path — via the consular route

Requirements

ALL of the following

the applicant has a recorded adoption such that was finalized = true, adoption date = {"on_or_after":"2025-12-15"}. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

was finalized:
true
adoption date:
{"on_or_after":"2025-12-15"}

the qualifying ancestor must have been born in canada.

birthplace:
canada

Citizenship must have passed to the applicant through a finalized adoption, with the adoptive parent holding canadian citizenship at the time of the adoption, and the adoption finalized before the applicant turned 18.

required citizenship:
canadian
adoption before age:
18

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5.1 (adoption-grant route; not restricted to adoptions finalized in Canada)
  • § An Act to amend the Citizenship Act (Bill C-3, S.C. 2025, c.5) — adoption-by-Canadian-citizen retained, first-generation limit removed, post-2025-12-15; no substantial-connection test where the adoptive parent is Canadian-by-birth

A qualifying path — via the consular route

Requirements

ALL of the following

the applicant has a recorded adoption such that was finalized = true, adoption date = {"on_or_after":"2025-12-15"}. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

was finalized:
true
adoption date:
{"on_or_after":"2025-12-15"}

the qualifying ancestor has a qualifying crown servant parent (value). If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
true

Citizenship must have passed to the applicant through a finalized adoption, with the adoptive parent holding canadian citizenship at the time of the adoption, and the adoption finalized before the applicant turned 18.

required citizenship:
canadian
adoption before age:
18

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5.1(5) (as amended by Bill C-3, S.C. 2025, c.5) — Crown Servant exemption from the s. 5.1(4) substantial-connection test for adoptions

A qualifying path — via the certificate route

Date keying

  • Applies to people born before 2025-12-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born before 2025-12-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
2025-12-15
comparison:
born before

Must NOT be true

the applicant's link to the qualifying ancestor is by adoption (rather than by birth).

tie is adoptive:
yes

the qualifying ancestor must have held canadian citizenship at the moment the applicant was born, passing it down the line by descent.

required citizenship:
canadian

the qualifying ancestor must not have naturalized as a citizen of another country before the applicant was born.

Every intermediate ancestor between the applicant and the qualifying ancestor must have still held citizenship when they passed it to the next person down the line (the chain must be unbroken), where a break can be caused by: naturalization, renunciation.

chain-breaking events:
naturalization, renunciation

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(1)(b) (post-1977 transmission)
  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(1)(g) (pre-1977 transmission)
  • § An Act to amend the Citizenship Act (Bill C-3, S.C. 2025, c.5) — transitional deeming provision retroactively recognising pre-2025-12-15 births as citizens by operation of law (the first-generation limit is removed for this cohort; no substantial-connection test applies)

A qualifying path — via the certificate route

Date keying

  • Applies to people born on or after 2025-12-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born on or after 2025-12-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
2025-12-15
comparison:
born on or after

Must NOT be true

the applicant's link to the qualifying ancestor is by adoption (rather than by birth).

tie is adoptive:
yes

the qualifying ancestor must have held canadian citizenship at the moment the applicant was born, passing it down the line by descent.

required citizenship:
canadian

the qualifying ancestor must not have naturalized as a citizen of another country before the applicant was born.

the qualifying ancestor must have been physically present in canada for at least 3 years, with that presence ending before the descendant's birth.

country:
canada
years of presence required:
3
presence must end before:
descendant_birth

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(3) (as amended by Bill C-3, S.C. 2025, c.5) — substantial-connection test: ≥ 1,095 cumulative days physical presence in Canada by the qualifying parent before the child's birth
  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(5) — Crown Servant exemption from s. 3(3) (modeled in CA-c3-crown-servant)
  • § An Act to amend the Citizenship Act (Bill C-3, S.C. 2025, c.5) — substantial-connection test for births on or after 2025-12-15 to Canadian-by-descent parents

A qualifying path — via the consular route

Requirements

ALL of the following

the applicant has a recorded adoption such that was finalized = true, adoption date = {"before":"2025-12-15"}. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

was finalized:
true
adoption date:
{"before":"2025-12-15"}

the applicant must be the parent of the qualifying ancestor.

relationship:
parent

Citizenship must have passed to the applicant through a finalized adoption, with the adoptive parent holding canadian citizenship at the time of the adoption, and the adoption finalized before the applicant turned 18.

required citizenship:
canadian
adoption before age:
18

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5.1 (adoption-grant route; not restricted to adoptions finalized in Canada)
  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 3(3) — first-generation limit (Bill C-37, S.C. 2008, in force 2009-04-17) applied to adoption-by-descent for the pre-Bill-C-3 cohort
  • § Bill C-3, S.C. 2025, c.5 — transitional provisions retroactively recognising pre-2025-12-15 adoptees as citizens; practical application proceeds via the s. 5.1 grant process

A qualifying path — via the consular route

Requirements

ALL of the following

the applicant has a recorded adoption such that was finalized = true, adoption date = {"on_or_after":"2025-12-15"}. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

was finalized:
true
adoption date:
{"on_or_after":"2025-12-15"}

Citizenship must have passed to the applicant through a finalized adoption, with the adoptive parent holding canadian citizenship at the time of the adoption, and the adoption finalized before the applicant turned 18.

required citizenship:
canadian
adoption before age:
18

the qualifying ancestor must have been physically present in canada for at least 3 years, with that presence ending before the adoption date.

country:
canada
years of presence required:
3
presence must end before:
adoption_date

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5.1(4) (as amended by Bill C-3, S.C. 2025, c.5) — 1,095-day substantial-connection test for post-2025-12-15 adoptions by a Canadian-by-descent adoptive parent
  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5.1 (adoption-grant route; not restricted to adoptions finalized in Canada)

A qualifying path — via the court route

Date keying

  • Applies to people born on or after 2025-12-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born on or after 2025-12-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
2025-12-15
comparison:
born on or after

Must NOT be true

the applicant's link to the qualifying ancestor is by adoption (rather than by birth).

tie is adoptive:
yes

the applicant has a qualifying pursues judicial route (intent). If this fact is absent, the rule treats it as not applying (rather than asking for more information).

intent:
true

the qualifying ancestor must have held canadian citizenship at the moment the applicant was born, passing it down the line by descent.

required citizenship:
canadian

the qualifying ancestor must not have naturalized as a citizen of another country before the applicant was born.

Primary sources

  • § Citizenship Act, R.S.C. 1985, c. C-29, s. 5(4) (discretionary grant)
  • § An Act to amend the Citizenship Act (Bill C-3, S.C. 2025) — transition provisions for Lost Canadians and beyond-first-generation edge cases

Cases that need individual review

Needs individual review

Date keying

  • Applies to people born before 1977-02-15 (regime selected by birth date, not by when the case is assessed).

Requirements

ALL of the following

This rule applies to people born before 1977-02-15 (it selects a legal regime by the applicant's birth date, not by when the case is assessed).

birth-date regime boundary:
1977-02-15
comparison:
born before

the qualifying ancestor has a recorded gender such that value = female. If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
female

the applicant has a qualifying born in wedlock (value). If this fact is absent, the rule treats it as not applying (rather than asking for more information).

value:
true

Primary sources

  • § Canadian Citizenship Act 1947, s.5 (pre-1977: in-wedlock descent through the father only; maternal line only for out-of-wedlock births)
  • § Bill C-37 (2009) and Bill C-3 (2015, 2025) — conditional remedial restoration of Lost Canadians

See how these rules apply to your family

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