Canada's "Lost Canadians" & Bill C-37: A 2026 Update

A comprehensive guide to the history, impact, and ongoing challenges of Bill C-37 for "Lost Canadians." Learn who is affected and how to claim citizenship under the amended Citizenship Act, 17 years after the bill's passage.

In the complex tapestry of Canadian citizenship law, few threads are as tangled as the issue of "Lost Canadians"—individuals who, due to arcane and often discriminatory provisions in previous legislation, were either deprived of or never granted the citizenship they believed to be their birthright. Seventeen years ago, on April 17, 2009, Bill C-37, the *Act to amend the Citizenship Act*, came into force, aiming to rectify many of these historical injustices. However, even today in August 2026, its legacy is mixed. While the bill restored citizenship to hundreds of thousands, its limitations and the subsequent legal challenges have left many still fighting for recognition. This article examines the profound impact of Bill C-37, the new realities shaped by the 2023 court ruling that found the "second-generation cut-off" unconstitutional, and the practical steps for those still seeking to claim their Canadian heritage.

Key Takeaways

  • Bill C-37 (2009): Granted or restored Canadian citizenship to many "Lost Canadians" who lost it due to outdated provisions, such as those concerning marriage to non-Canadians or being born abroad.
  • First-Generation Limit: A key provision of Bill C-37 was the "first-generation cut-off," which limited citizenship by descent to the first generation born abroad to a Canadian parent.
  • Unconstitutional Ruling (2023): In December 2023, the Ontario Superior Court of Justice declared the "first-generation cut-off" unconstitutional. This decision is poised to extend citizenship rights to the second generation born abroad.
  • Government Response: The Canadian government has been given a deadline, now extended into late 2024, to amend the Citizenship Act to comply with the court's ruling, with changes anticipated to take effect in 2025.
  • Who Is Affected Now: Individuals born abroad to a Canadian parent who was also born abroad (the "second generation") are the primary group affected by the recent changes. This also impacts those with complex family histories involving war brides and military service.
  • How to Apply: Depending on your situation, you may apply for a citizenship certificate (proof of citizenship) if you automatically acquired it under the new rules, or you may need to apply for a grant of citizenship.

Background

The story of the "Lost Canadians" is rooted in the legislative history of Canadian nationality law. Before the first *Canadian Citizenship Act* of 1947, individuals born in Canada were British subjects. The 1947 Act created a distinct Canadian citizenship, but it also introduced a complex set of rules for retaining it, particularly for those born or living abroad.

Subsequent versions of the *Citizenship Act*, including the major overhaul in 1977, created numerous pitfalls. For instance, under one version of the law, a person born abroad to a Canadian father and a non-Canadian mother out of wedlock was not a citizen. In another, a Canadian woman who married a non-Canadian man before 1947 automatically lost her British subject status and thus could not pass on Canadian citizenship. Children of serving members of the Canadian Forces or Crown servants were often treated differently, but the rules were not always applied consistently.

These convoluted and often discriminatory rules, based on gender, marital status, and country of birth, created generations of "Lost Canadians." Many lived their entire lives believing they were Canadian, paying taxes and holding Canadian passports, only to discover later in life—often when applying for a passport renewal or a pension—that they were not, in the eyes of the law, citizens at all.

Bill C-37 was the government's most significant attempt to remedy these historical wrongs. When it came into effect on April 17, 2009, it retroactively granted citizenship to a vast number of people who had lost it or never received it. The bill eliminated the requirement for citizens born abroad to apply to retain their citizenship by age 28. It also aimed to provide a clear, simple rule for the transmission of citizenship to children born outside Canada: citizenship by descent would be limited to the first generation born abroad.

What Changed / What's New

While Bill C-37 fixed many problems, it created a new one: the "second-generation cut-off." Under the 2009 amendments, a Canadian citizen parent born outside Canada could not automatically pass on their citizenship to their own child if that child was also born outside Canada. This created a new class of disenfranchised individuals, often the children and grandchildren of Canadians who had moved abroad for work, education, or family reasons.

This limitation faced immediate criticism and legal challenges. The argument against it was that it created two classes of Canadians: those born in Canada who could pass on citizenship indefinitely, and those born abroad who could not. This, opponents argued, violated the equality rights guaranteed under Section 15 of the *Canadian Charter of Rights and Freedoms*.

This legal battle culminated in a landmark decision on December 19, 2023. The Ontario Superior Court of Justice, in the case of *Bjorkquist et al. v. Attorney General of Canada*, declared that the "first-generation cut-off" provision [Citizenship Act, s. 3(3)(a)] was unconstitutional. The court found that it unjustifiably discriminated against Canadians based on their national origin (where they were born).

The court gave the government until June 19, 2024, to amend the legislation. Recognizing the complexity of drafting new legislation, the government sought and was granted an extension. It is now expected that new legislation will be tabled in late 2024 and come into force sometime in 2025.

As of August 2026, the legislative process is ongoing, but the direction is clear. The government is expected to introduce a new framework that will allow for the passing of citizenship beyond the first generation born abroad, likely through a "substantial connection" test. This could involve requiring the Canadian parent to have resided in Canada for a certain number of years.

Who Is Affected

The 2023 court ruling and the forthcoming legislative changes primarily affect the following groups:

  • Second-Generation Born Abroad: Individuals born outside Canada to a Canadian parent who was also born outside Canada. For example, if your mother was born in the U.K. to a Canadian father (your grandfather), and you were also born in the U.K., you would not have been a citizen under the 2009 rules. The new law is expected to grant you a pathway to citizenship.
  • Families of International Workers and Expatriates: Many Canadians work abroad for multinational corporations, NGOs, or academic institutions. Their children, born abroad, could pass on citizenship under the old rules, but their grandchildren, also born abroad, could not. The new rules will be critical for these families.
  • Descendants of "War Brides": Many Canadian servicemen during World War II married women overseas and had children abroad. These children were Canadian, but if they remained abroad and had their own children, that next generation was cut off from citizenship. The *Bjorkquist* decision offers them a renewed hope of recognition.
  • "Lost Canadians" with Complex Cases: Some individuals fell through the cracks of even Bill C-37. For example, those born before 1947 to a Canadian mother but a non-Canadian father, where the parents were not married. The new amendments, while focused on the second-generation cut-off, may provide an opportunity for IRCC to address other lingering inequities.

It is crucial to understand that until the new law is officially passed and receives Royal Assent, the rules from 2009 technically remain in effect. However, IRCC is likely preparing for the changes, and applications submitted now may be assessed under the new criteria once they are formalized.

How the Process Works

Once the new legislation is in force, the process for claiming citizenship will depend on whether the law makes you a citizen automatically or provides a new pathway to apply.

  1. Proof of Citizenship Application: If the new law retroactively grants you citizenship (meaning you are deemed to have been a citizen from birth), the process is to apply for a citizenship certificate. This is not an application *for* citizenship, but rather an application for proof that you *are* a citizen.
  • Form: You will need to complete the "Application for a Citizenship Certificate (Proof of Citizenship) under Section 3" (Form CIT 0001).
  • Documentation: This requires extensive documentation, including your birth certificate, your Canadian parent's birth certificate and/or citizenship certificate, your grandparents' birth certificates, and potentially marriage certificates and other documents to establish the line of descent and the parent's connection to Canada.
  • Timeline: Processing times for complex proof applications can be lengthy, often taking 12 to 24 months or even longer.
  1. Grant of Citizenship Application: It is possible the new law will require an application for a grant of citizenship, especially if a "substantial connection" test is introduced. This might be similar to the current process for minors under section 5(1) or the general naturalization process.
  • Substantial Connection Test: This would likely require the Canadian parent to prove they have spent a cumulative period of time in Canada (e.g., three years) before the child's birth. Evidence could include school records, tax statements, and official government documents.
  • Timeline: Grant applications have their own processing timelines, which IRCC posts on its website. These can also be lengthy.

For now, prospective applicants should begin gathering all relevant vital statistics and documents for themselves, their Canadian parent, and their Canadian grandparent. Having a complete and well-organized file will be essential to a successful application once the new process is launched.

What This Means For You

The impact of these changes is global. For decades, Canada's diaspora has spread across the world, creating a generation of descendants who identify as Canadian but have been denied the legal status to match.

  • For Readers in the U.S.: Many Americans have a Canadian parent or grandparent and may now be eligible for citizenship. This could open doors to living, working, or studying in Canada without the need for visas or work permits. Given the proximity and close ties, this is expected to affect a significant number of people.
  • For Readers in the U.K. and Australia: Similar to the U.S., close historical and familial ties mean many Britons and Australians may now have a claim to Canadian citizenship through a parent born abroad to a Canadian. This is particularly relevant for descendants of those who moved within the Commonwealth.
  • For All Prospective Applicants: It is advisable to begin the process of collecting documents now. This includes long-form birth certificates for all relevant parties (yourself, your Canadian parent, your Canadian-born grandparent), marriage certificates, and any evidence of your parent's or grandparent's Canadian life and connection. Official records can take months to obtain, so starting early is wise.

Frequently Asked Questions

1. My father was born in Germany in 1955 to a Canadian soldier after WWII. I was born in Germany in 1980. Am I a Canadian citizen?

Under the 2009 rules (Bill C-37), you would not be a citizen because your Canadian father was born abroad, making you the second generation born abroad. However, following the 2023 *Bjorkquist* court ruling, the law is being changed. Once the new amendments are in effect, you will very likely be eligible to apply for proof of Canadian citizenship.

2. How long do I have to live in Canada to meet the "substantial connection" test?

The exact details of the "substantial connection" test have not been finalized. The government is expected to propose a requirement for the Canadian parent (born abroad) to have resided in Canada for a cumulative period, potentially 1,095 days (three years), before the birth of the child. This is a common feature in citizenship laws of other countries and is seen as a likely model.

3. Is the law already changed? Can I apply now?

No, the *Citizenship Act* has not yet been officially amended. The government is expected to table a new bill in late 2024, with the law likely coming into force in 2025. You can prepare your documents now, but you will need to wait for the official announcement from Immigration, Refugees and Citizenship Canada (IRCC) on when and how to apply under the new rules.

4. What is the difference between a citizenship certificate and a grant of citizenship?

A citizenship certificate is proof of existing citizenship. You apply for it if you believe you are already a citizen by law (e.g., through birth or automatic acquisition). A grant of citizenship is the process of becoming a citizen when you are not one already. The forthcoming changes may make some people citizens automatically (requiring a proof application) and require others to apply for a grant.

5. My grandmother was Canadian, but my mother was born in the U.S. and so was I. Do I have a claim?

Yes, you likely have a claim. This is a classic "second-generation cut-off" case. Your mother was the first generation born abroad and acquired citizenship from your Canadian-born grandmother. Under the 2009 law, your mother could not pass that citizenship on to you. The new law is specifically designed to address situations like yours. You should prepare to apply once the new rules are announced.

6. Where can I find the official forms and updates?

All official application forms, guides, and updates will be published on the official website of Immigration, Refugees and Citizenship Canada at canada.ca/citizenship. Avoid using unauthorized consultants or websites that charge for forms, as they are available for free from the Government of Canada.

Seventeen years after Bill C-37, the journey to resolve the status of all "Lost Canadians" continues. The recent court victory against the second-generation cut-off marks a pivotal moment, promising to finally extend the rights of citizenship to another generation of Canadians abroad. As we await the final legislative changes, the story of the Lost Canadians serves as a powerful reminder of the deep meaning of citizenship and the importance of ensuring our laws are fair, inclusive, and just.

Think you might be eligible for Canadian citizenship? Take two minutes to check your status with our quick and easy eligibility tool at /quiz.

This article is for informational purposes only and does not constitute legal advice.

Canada Citizen Center is not a law firm and does not provide legal advice.