Legal Provisions of the Citizenship Act

Key provisions of the Citizenship Act that determine eligibility for citizenship by descent.

3(1)(a)

Born in Canada

Person born in Canada after February 14, 1977 is a citizen (except children of foreign diplomats).

3(1)(b)

First Generation Born Abroad

Person born outside Canada after February 14, 1977 to a Canadian citizen parent. For births after Dec 15, 2025, parent must have 1,095 days in Canada.

3(1)(f)

Section 8 Lost Canadians Restored

People who lost citizenship under old Section 8 for failing to retain by age 28 are now restored as citizens.

3(1)(g)

Second+ Generation Born Abroad

Person born outside Canada before Dec 15, 2025 to a parent who was also born abroad but is a citizen under the Act.

3(1)(o)

Pre-1947 British Subject (Soil)

Person born in Canada before Jan 1, 1947 who was a British subject on Dec 31, 1946.

3(1)(q)

Pre-1947 British Subject (Descent)

Person born outside Canada before Jan 1, 1947 to a parent who was a British subject born in Canada.

3(3)

Physical Presence Requirement

For births on/after Dec 15, 2025: Parent must have 1,095 days physical presence in Canada before child's birth for citizenship to pass.

3(5)

Crown Servant Exception

Physical presence requirement waived if parent/grandparent was employed as Crown servant (military or government) abroad.

3(1.5)

Deceased Ancestor Protection

If an ancestor died before claiming citizenship, this does NOT break the chain. Citizenship still passes through.