Lost Canadians & Bill C-37: Who Can Claim Citizenship in 2026?

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

A comprehensive guide to Canadian citizenship by descent after Bill C-37. Learn who is eligible to claim citizenship, how to apply, and which “Lost Canadians” are still excluded under the current law.

2026-09-10

Canada’s citizenship laws have undergone significant changes, most recently with Bill C-37, which came into force in the spring of 2025. This legislation aimed to remedy decades of complex and often discriminatory rules that prevented many individuals with a clear connection to Canada from claiming their citizenship. These individuals are often referred to as “Lost Canadians.” The new rules primarily benefit those born abroad to a Canadian parent who was also born abroad, a group previously cut off by a “second-generation cut-off” rule.

Bill C-37 introduced a new framework based on a "substantial connection" to Canada, requiring the Canadian parent born abroad to have spent at least 1,095 days (three years) physically present in Canada before the child's birth. While this has opened the door for thousands who were previously excluded, it has also created a new set of bright-line rules. As of September 2026, one year after the law’s full implementation, its effects are becoming clear—both in terms of who is included and who remains on the outside looking in.

This guide provides a detailed overview of the current rules for citizenship by descent, the practical steps for application, the costs and timelines involved, and a clear-eyed look at which groups of Lost Canadians are still not covered by the existing legislation. It is designed for those exploring a potential claim for themselves or their children, offering clarity on a legal landscape that remains intricate.

Key takeaways

• New "Substantial Connection" Test: As of May 2025, citizenship can be passed to a second generation born abroad if the Canadian parent has at least 1,095 days (3 years) of physical presence in Canada before the child's birth.
• Bill C-37 Restores Some Rights: The law retroactively grants citizenship to children of parents who were also born abroad, provided the "substantial connection" test is met. It specifically addresses situations created by the 2009 "second-generation cut-off."
• Application Process is Key: Eligible individuals must still formally apply for a Proof of Canadian Citizenship certificate. This process involves detailed documentation, specific forms (like CIT 0001), and a processing fee of CAD $75.
• Some "Lost Canadians" Still Excluded: The 1,095-day rule is strict. Those whose parents fall even slightly short of the physical presence requirement are not covered. The law also does not address all historical inequities, particularly for those born out of wedlock before 1947.
• Documentation is Crucial: Applicants need to provide extensive evidence, including their own birth records, their Canadian parent's birth certificate, and detailed proofs of the parent's 3-year physical presence in Canada (e.g., school records, tax statements, health records).
• Processing Times Vary: While IRCC has streamlined some processes, applications for citizenship by descent, especially complex cases involving the 1,095-day rule, can take 12 to 17 months to process as of late 2026.

Who Is a "Lost Canadian"?

A "Lost Canadian" is an individual who, for various reasons rooted in historical versions of Canadian citizenship law, was denied or lost their citizenship, despite having a significant connection to Canada, usually through a parent. The term is not a legal definition but a widely used description for people affected by a series of complex, and at times discriminatory, legislative changes throughout the 20th and 21st centuries.

Prior to 2009, citizenship rules were more permissive, but the introduction of Bill C-37 (not to be confused with the 2025 Bill C-37) created the "second-generation cut-off." This rule stipulated that a Canadian parent born abroad could not pass on citizenship to their own child born abroad. This single change created a large and immediate cohort of Lost Canadians. Other historical reasons include:

• Pre-1947 Rules: Before the *Canadian Citizenship Act* of 1947, Canadians were British subjects. The rules were complex and tied to British nationality law.
• Gender Discrimination: For many years, women could lose their Canadian citizenship by marrying a foreign man. Similarly, the rules for passing on citizenship were often more restrictive for women than for men.
• Birth Out of Wedlock: Past legislation made it difficult or impossible for children born abroad and out of wedlock to a Canadian father to inherit citizenship.

The 2025 amendments under the new Bill C-37 were specifically designed to address the second-generation cut-off, but its rigid requirements mean it has not resolved all historical cases.

The Bill C-37 "Substantial Connection" Test Explained

The central innovation of the current law, effective May 2025, is the test of "substantial connection" to Canada for second-generation Canadians born abroad. This test replaces the previous absolute cut-off.

To pass citizenship to a child born abroad, a Canadian parent who was also born abroad must prove they have accumulated at least 1,095 days of physical presence in Canada prior to the child’s birth. This is a strict, cumulative requirement.

Here’s how it works:

• Cumulative Total: The 1,095 days do not need to be continuous. A person could have spent a few months in Canada each year, for example, during summer holidays or for university. IRCC will sum up all periods of physical presence.
• Timing is Critical: The presence must be *before* the birth of the child who is now applying for citizenship. Time spent in Canada after the child's birth does not count towards this requirement.
• Burden of Proof: The applicant is responsible for providing clear and convincing evidence to support the physical presence claim. This is the most document-intensive part of the application.

Common forms of evidence include official school or university transcripts, tax records (Notices of Assessment), employment records (T4 slips), provincial health records, and passport stamps. It is advisable to provide as much overlapping documentation as possible.

Applications for Citizenship Certificates by Descent

Source: IRCC internal reporting data (provisional)

Step-by-Step Guide to Applying for a Citizenship Certificate

If you believe you are eligible for Canadian citizenship by descent under the new rules, you must formally apply for a Proof of Canadian Citizenship certificate. This document is the official recognition of your status.

Here is the typical application process:

Who is Still Excluded by Bill C-37?

Despite its progress, the 2025 legislation is not a panacea and its strict rules create new categories of excluded individuals. The "substantial connection" test is a hard line, and those who cannot meet its specific requirements remain "Lost Canadians."

Key excluded groups include:

1. Those Whose Parents Fall Short of 1,095 Days: The most common exclusion. If a Canadian parent born abroad has only, for example, 1,000 days of physical presence, their child is ineligible. There is currently no discretion in the law for "close enough" cases.
2. Those Whose Parents Cannot *Prove* 1,095 Days: In many cases, a parent may have spent the requisite time in Canada, but decades later, the records are lost or were never created. Without official documentation—school transcripts from the 1980s, for example—it can be impossible to meet the burden of proof.
3. Third and Subsequent Generations Born Abroad: The new law only helps the second generation. A Canadian citizen by descent under these new rules (a "first generation born abroad" under the old law) cannot automatically pass citizenship to their own children born abroad. The chain is still broken at one generation unless that new citizen moves to and resides in Canada.
4. Certain Historical Cases: The law does not address every historical inequity. For instance, children born abroad and out of wedlock to Canadian servicemen and foreign mothers after WWII may still face significant hurdles, especially if the connection to the father was not legally established at the time according to the laws of the day.

Critics, such as the organization "Lost Canadians," argue that a more just system would be based on ancestry, allowing any child with a Canadian parent to claim citizenship, and then placing conditions on the *retention* of that citizenship, such as a requirement to reside in Canada for a certain period to pass it on further.

Document Checklist: Proving Physical Presence

The most challenging part of a Bill C-37 application is documenting the Canadian parent's 1,095 days in Canada. IRCC requires strong, independent evidence. You should provide as many of the following as possible:

• Official School Records: Official transcripts from high schools, colleges, or universities showing dates of attendance. These are highly weighted.
• Employment Records: T4 slips (Statement of Remuneration Paid) issued by employers.
• Canada Revenue Agency (CRA) Records: An official Notice of Assessment (NOA) for every year the parent filed taxes in Canada.
• Passport Stamps: While not sufficient on their own, a complete set of passport pages showing entry and exit stamps for Canada can help build a timeline.
• Provincial/Territorial Records: Evidence of having a driver's license or health card can demonstrate residence.
• Rental Agreements or Property Deeds: Proof of a physical address in Canada.
• Affidavits: While considered weak evidence on their own, sworn statements from the parent or other people aware of their time in Canada can supplement other documentation.

Frequently asked questions

How does Bill C-37 change the old citizenship rules?

Bill C-37, which came into force in 2025, replaces the "second-generation cut-off." Previously, a Canadian born abroad couldn't pass citizenship to their child also born abroad. Now, they can, provided the Canadian parent spent at least 1,095 days physically in Canada before the child’s birth. This establishes a new "substantial connection" test.

Is the 1,095-day rule flexible?

No, the 1,095-day physical presence requirement is a strict, legislative rule. As of September 2026, Immigration, Refugees and Citizenship Canada (IRCC) has no discretion to approve applications where the parent has 1,094 days or fewer. All documented days are cumulative and must be before the applicant's birth.

Can I count time my parent spent in Canada as a child?

Yes. Any time your Canadian parent was physically present in Canada before your birth can be counted, regardless of their age at the time. For example, if your parent attended high school in Canada for four years, that period would meet the three-year (1,095-day) requirement.

What is the fee for a citizenship certificate application?

As of late 2026, the application fee for a Proof of Canadian Citizenship certificate (form CIT 0001) is CAD $75 per person. This fee is paid online directly to IRCC at the time of submission and is non-refundable, even if your application is rejected.

How long does the application process take?

IRCC’s stated processing time for citizenship certificate applications is currently between 12 and 17 months. Cases that are more complex, such as those with less straightforward proof of the parent's physical presence in Canada, may take longer to process.

Does this new law help third-generation descendants?

The new law does not automatically grant citizenship beyond the second generation born abroad. If you gain citizenship through the new substantial connection rule, you cannot automatically pass that citizenship to your own children if they are also born outside Canada. To do so, you would need to reside in Canada yourself.

Where can I find the official application forms?

All official forms, including the CIT 0001 application for a citizenship certificate and the document checklist, are available for free on the official website of Immigration, Refugees and Citizenship Canada (IRCC) at canada.ca. Always use the latest version of the forms from the official source.

After a year of the new law, it is clear that while many have finally been able to claim their rightful citizenship, the work to address the full scope of the "Lost Canadian" issue is not over. The strictness of the 1,095-day rule means that a new generation of individuals with strong family ties to Canada will continue to be left out. For now, those with a potential claim should focus on meticulous documentation and preparation.

To see if you might be eligible for this or other Canadian immigration or citizenship pathways, you can check your eligibility across all programs in two minutes with our free /quiz.

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

Frequently asked questions

How does Bill C-37 change the old citizenship rules?

Bill C-37, which came into force in 2025, replaces the "second-generation cut-off." Previously, a Canadian born abroad couldn't pass citizenship to their child also born abroad. Now, they can, provided the Canadian parent spent at least 1,095 days physically in Canada before the child’s birth. This establishes a new "substantial connection" test.

Is the 1,095-day rule flexible?

No, the 1,095-day physical presence requirement is a strict, legislative rule. As of September 2026, Immigration, Refugees and Citizenship Canada (IRCC) has no discretion to approve applications where the parent has 1,094 days or fewer. All documented days are cumulative and must be before the applicant's birth.

Can I count time my parent spent in Canada as a child?

Yes. Any time your Canadian parent was physically present in Canada before your birth can be counted, regardless of their age at the time. For example, if your parent attended high school in Canada for four years, that period would meet the three-year (1,095-day) requirement.

What is the fee for a citizenship certificate application?

As of late 2026, the application fee for a Proof of Canadian Citizenship certificate (form CIT 0001) is CAD $75 per person. This fee is paid online directly to IRCC at the time of submission and is non-refundable, even if your application is rejected.

How long does the application process take?

IRCC’s stated processing time for citizenship certificate applications is currently between 12 and 17 months. Cases that are more complex, such as those with less straightforward proof of the parent's physical presence in Canada, may take longer to process.

Does this new law help third-generation descendants?

The new law does not automatically grant citizenship beyond the second generation born abroad. If you gain citizenship through the new substantial connection rule, you cannot automatically pass that citizenship to your own children if they are also born outside Canada. To do so, you would need to reside in Canada yourself.

Where can I find the official application forms?

All official forms, including the CIT 0001 application for a citizenship certificate and the document checklist, are available for free on the official website of Immigration, Refugees and Citizenship Canada (IRCC) at canada.ca. Always use the latest version of the forms from the official source.

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