Lost Canadians & Bill C-37: A Guide to Restoring Citizenship

By Abhi Mehta, Founder of Canada Citizen Center and Immigration Writer

On the anniversary of Bill C-37, this article explains the ongoing impact for Lost Canadians. Learn who is affected by the changes to the Citizenship Act and how to apply.

In a significant move to rectify decades of complex and often exclusionary citizenship laws, the Canadian government enacted Bill C-37, which came into force on April 17, 2009. This legislation, along with its predecessor Bill C-3, aimed to restore citizenship to the "Lost Canadians"—a group of people who, despite a genuine connection to Canada, were not considered citizens due to outdated provisions in the *Citizenship Act*. As we mark the anniversary of this pivotal law, its impact continues to be felt by thousands globally who have since reclaimed their Canadian heritage. This article examines the history, mechanics, and ongoing relevance of these changes for those born abroad to Canadian parents, detailing who is affected and how they can navigate the process of becoming a Canadian citizen.

Key Takeaways

  • Citizenship Restored: Bill C-37, which received Royal Assent on April 17, 2009, automatically granted citizenship to many "Lost Canadians" who were not covered by the 2009 amendments (Bill C-3).
  • First-Generation Limit: The most significant change introduced by the 2009 amendments and upheld by subsequent legislation is the first-generation cut-off. This means that, in most cases, a Canadian parent can pass on citizenship to a child born abroad, but that child cannot automatically pass citizenship to their own children born outside Canada.
  • Who Benefited: The law primarily benefited individuals born before 1947 who would have been citizens at birth if the 1947 *Canadian Citizenship Act* had existed, as well as their children. It also addressed specific categories, such as war brides and their descendants.
  • Second-Generation-Born-Abroad: The "second-generation cut-off" remains a major point of contention. Children born abroad to a Canadian parent who was also born abroad are generally not citizens by descent. A landmark 2023 Ontario Superior Court of Justice ruling found this rule unconstitutional, a decision the federal government is appealing as of 2026.
  • Proof vs. Grant: Those who automatically gained citizenship through Bill C-37 apply for a "Proof of Citizenship Certificate." Individuals not covered by the automatic provisions, such as those affected by the second-generation cut-off, may need to explore a "direct grant" of citizenship or other immigration pathways if they wish to live in Canada.
  • Ongoing Legal Challenges: The legal landscape continues to evolve. Recent court rulings and the government's response will shape the future for the next generation of potential "Lost Canadians."

Background

To understand the impact of Bill C-37, one must first grasp the convoluted history of Canadian citizenship law. Before 1947, there was no legal status of "Canadian citizen." Individuals were British subjects. The first *Canadian Citizenship Act* of 1947 created Canadian citizenship, but its rules were complex and, by modern standards, discriminatory.

The 1947 Act and its successor, the 1977 *Citizenship Act*, created numerous ways for a person to lose or never acquire citizenship. For example:

  • Pre-1947 Births: Individuals born abroad to a Canadian parent before 1947 were often not recognized as citizens.
  • War Brides: So-called "War Brides"—foreign women who married Canadian servicemen abroad—faced bureaucratic hurdles. Many never formally naturalized, and as a result, their children born in Canada were sometimes not considered citizens either.
  • Registration Requirements: For many years, Canadians born abroad had to take steps to retain their citizenship by a certain age (e.g., their 28th birthday), a requirement many were unaware of.
  • Gender Discrimination: The law often treated men and women differently. For instance, a child born abroad to an unmarried Canadian mother might not have been a citizen, while a child of an unmarried Canadian father would be, pending certain legal steps.

These issues collectively created the phenomenon of "Lost Canadians." Years of advocacy by individuals and groups like the Lost Canadian Organization brought national attention to their plight, leading to a series of legislative fixes.

Parliament first passed Bill C-3 (2009), which amended the *Citizenship Act* to automatically grant or restore citizenship to a significant number of people on April 17, 2009. However, it soon became clear that this bill did not cover everyone. Enter Bill C-37, passed shortly thereafter, which retroactive to the same date, expanded the grant of citizenship to more categories, particularly those born before the 1947 Act came into force and their children. It was a crucial clean-up bill designed to make the 2009 restoration more comprehensive.

What Changed / What's New

Bill C-37, along with the foundational changes from Bill C-3 in 2009, represented a major overhaul of citizenship by descent. The most critical change was the elimination of the retention requirement and the retroactive granting of citizenship to those who had lost it or never received it under the old rules.

The core of the 2009 amendments can be found in section 3 of the *Citizenship Act*. It established a clear, though restrictive, rule for citizenship by descent:

  1. First Generation Born Abroad: A person born outside Canada is a citizen if, at the time of their birth, one of their legal parents was a Canadian citizen born in Canada or a naturalized citizen. This is the "first-generation limit."
  2. Second Generation Born Abroad: As a result, a Canadian citizen parent who was themselves born outside Canada cannot automatically pass on citizenship to their child also born outside Canada.

Fast forward to the present day, the most significant new development is the legal challenge to this very rule. In a landmark decision on December 19, 2023, the Ontario Superior Court of Justice declared the second-generation cut-off unconstitutional. The court found that it violates section 15 of the *Canadian Charter of Rights and Freedoms* by creating a discriminatory two-tier system of citizenship. The court gave the government until June 19, 2024, to amend the law.

However, in February 2024, the federal government announced it would appeal the decision. As of June 2026, the appeal is ongoing. This legal battle represents the most important new chapter in the Lost Canadians saga. Its outcome will determine whether thousands of second-generation-born-abroad Canadians will automatically be recognized as citizens.

Who Is Affected

The 2009 legislative changes and subsequent developments affect several distinct groups:

  • Individuals Born Abroad to a Canadian Parent (First Generation): If you were born outside Canada and one of your parents was a Canadian citizen at the time of your birth (either by being born in Canada or by becoming a naturalized citizen), you are most likely a Canadian citizen. This is the simplest case.
  • "Lost Canadians" Restored by Bill C-37: This group includes people who were born before 1947 and would have been citizens had the 1947 Act existed, and their children. For example, a person born abroad in 1945 to a father born in Canada, who never registered as a citizen, would have automatically become a citizen on April 17, 2009. Their children, if born after 1945, would also have become citizens.
  • Second-Generation Canadians Born Abroad (The Current Battleground): This is the group at the heart of the recent court case. Example: Sarah was born in the U.S. in 1985. Her mother was born in Canada. Sarah is a first-generation-born-abroad Canadian citizen. In 2020, Sarah has a son, Leo, born in the U.S. Because Sarah was not born in Canada, she cannot automatically pass her citizenship to Leo under the current law. Leo is not a Canadian citizen by descent. It is this exclusion that the Ontario court found unconstitutional.
  • Children of Crown Servants: The first-generation limit does not apply to children of parents who were employed abroad in or with the Canadian Armed Forces, the federal public administration, or the public service of a province (i.e., Crown servants), other than as a locally engaged person.

How the Process Works

For those who believe they may be Canadian citizens by descent, the process is not one of "applying for" citizenship but rather of "proving" it. The key is to obtain a Proof of Citizenship Certificate.

Step 1: Determine Your Eligibility

The first step is to carefully review the rules based on your birth date and your parents' citizenship status and place of birth. The IRCC website has an online tool to help with this assessment, though it can be complex.

Step 2: Gather Documentation

This is the most critical part of the process. You will need to provide extensive primary documents, including:

  • Your original long-form birth certificate: This must show your full name, date and place of birth, and the names of your parents.
  • Proof of your parent's Canadian citizenship: This could be their Canadian birth certificate, citizenship certificate, or naturalization card.
  • Supporting identity documents: Marriage certificates (for you or your parents), legal name change documents, and government-issued photo ID.

Step 3: Complete the Application Form

The required form is the "Application for a Citizenship Certificate (Proof of Citizenship) under Section 3" (Form CIT 0001). The form requires detailed information about you and your Canadian parent(s). It must be filled out perfectly, as any errors can lead to significant delays.

Step 4: Submit the Application and Pay Fees

As of early 2026, applications are submitted to a central processing centre in Sydney, Nova Scotia. The application fee is $75 CAD. Processing times can be lengthy, often ranging from 10 to 17 months, according to IRCC estimates. It is crucial to submit a complete and well-documented application to avoid having it returned.

For individuals affected by the second-generation cut-off, like Leo in the example above, the path is currently less certain due to the ongoing legal appeal. Should the government's appeal fail and the law be struck down, a process for these individuals to get proof of citizenship would be established. For now, their options might include a discretionary grant of citizenship under section 5(4) of the Act (rare) or immigrating to Canada and applying for citizenship through residency (naturalization).

What This Means For You

The anniversary of Bill C-37 serves as a crucial reminder for individuals of Canadian parentage living abroad to verify their citizenship status. The rules are not retroactive in all cases and are more complex than many assume.

  • For U.S. Residents: With a large Canadian diaspora in the United States, many Americans with a Canadian parent or grandparent may be citizens without realizing it. Obtaining proof of citizenship allows you to apply for a Canadian passport, vote in federal elections, and live/work in Canada without restriction. Given the long processing times, it is wise to apply for proof long before you might need it.
  • For U.K. & Australian Residents: Similar to the U.S., many individuals in the U.K., Australia, and other Commonwealth countries have Canadian roots. For those considering a move to Canada for work or study, confirming your citizenship status is a logical first step that provides a direct pathway, bypassing the often complex and points-based economic immigration system.
  • For Second-Generation Born Abroad: The key takeaway is to watch the legal developments closely. The outcome of the federal government's appeal of the December 2023 court ruling will be transformative. If you are in this category, it is advisable to gather your family's key documents (birth certificates, citizenship records) now so you are prepared to act if and when the law changes.

Frequently Asked Questions

1. I was born in 1980 in Germany to a Canadian father who was born in Canada. Am I a citizen?

Yes, almost certainly. Under the rules that have been in place since 1977 and were confirmed by the 2009 amendments, as a first-generation child born abroad to a Canadian-born parent, you are a citizen by descent. You should apply for a Proof of Citizenship Certificate.

2. My grandmother was born in Canada, but my mother was born in the U.K. I was born in the U.K. in 1995. Am I a Canadian citizen?

No. Under the current law, you are likely not a citizen. Your mother was a first-generation born abroad. Since she was not born in Canada, she cannot automatically pass citizenship to you. You are a second-generation born abroad, the group affected by the cut-off rule currently under appeal.

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

A citizenship certificate (or "proof") is for someone who is already a citizen by law (e.g., by birth or descent). The application is to get official recognition of that status. A "grant" of citizenship is for a non-citizen (like a permanent resident) who is applying to *become* a citizen through naturalization.

4. How long does it take to get a Proof of Citizenship Certificate?

As of mid-2026, IRCC's official processing time estimate is around 17 months. However, this can vary widely. Complex cases or applications with missing documents can take much longer.

5. If the second-generation cut-off is unconstitutional, what happens next?

The government is appealing the court's decision. If the government loses its appeal, it will be forced to amend the *Citizenship Act*. This would likely mean that the second generation born abroad would be recognized as citizens by descent. IRCC would then have to create a process for these individuals to apply for proof of citizenship. This legal process could still take a significant amount of time to resolve.

6. My father was born abroad to a Canadian serviceman after WWII. He never registered his birth. Am I a citizen?

This is a complex but common "Lost Canadian" scenario. The 2009 and 2015 amendments retroactively granted citizenship to many in this situation. It is highly likely your father became a citizen retroactively. If he did, and you were born to him after he became a citizen, you may also be a citizen. You should gather all records and consider applying for proof.

The story of the Lost Canadians is a testament to the evolving nature of national identity and law. While Bills C-3 and C-37 resolved many past injustices, the ongoing legal fight over the second-generation cut-off shows that the journey is not over. For anyone with Canadian roots living abroad, understanding this history is the first step toward claiming your heritage.

To see if you might be a Canadian citizen, take our quick eligibility quiz—it takes less than two minutes to find a preliminary answer.

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.