Restoring Citizenship for Lost Canadians
The Regulations Amending the Citizenship Regulations, No. 2 (2025), registered as SOR/2025-278 introduce a series of amendments to the existing Citizenship Regulations to align with changes made to the Citizenship Act through Bill C-3, An Act to amend the Citizenship Act (2025). These amendments are intended to address gaps in citizenship by descent, restore citizenship to certain “Lost Canadians,” and extend simplified procedures for renunciation of citizenship to individuals affected by recent legislative changes. The amendments were issued by the Minister of Citizenship and Immigration and are designed to operationalize the new framework established in the 2025 Act, particularly concerning those born abroad to Canadian parents and those adopted outside Canada.
A central focus of these amendments is the clarification and expansion of evidentiary requirements for citizenship applications involving children born or adopted abroad. The Regulations require applicants to provide evidence establishing that a Canadian parent of the child, including one born abroad, was physically present in Canada for at least 1,095 days before the adoption. This requirement applies in a range of circumstances, including cases where only one parent is a citizen, where both parents are citizens, and where citizenship derives from specific provisions under the Citizenship Act, including paragraphs 3(1)(b), (c.1), (e), (g) to (j), and (o) to (r), or paragraph 3(1)(f) concerning parents born abroad to Canadian parents. These requirements are intended to ensure that citizenship is conferred on children with a verifiable connection to Canada. The Regulations also update French-language provisions to align with these changes.
The amendments expand access to citizenship for those previously excluded by the first-generation limit and the historical section 8 retention requirements of the 1977 Citizenship Act, which resulted in automatic loss of citizenship for second-generation Canadians born abroad who did not meet certain residency criteria before turning 28. While many “Lost Canadians” had their citizenship restored in 2009 and 2015, those born abroad in subsequent generations were still affected by the first-generation limitation. Bill C-3 addressed these gaps by granting citizenship to persons born outside Canada to Canadian parents who either were born in Canada, naturalized, or demonstrated a substantial connection to Canada, including children adopted abroad.
In addition to clarifying evidentiary requirements, the Regulations provide procedural guidance for renunciation of citizenship for individuals who acquire citizenship under the 2025 amendments but may not wish to retain it. These include applications for minors, which require parental or legal guardian consent, countersignature from children aged 14 or older, and evidence supporting the minor’s eligibility and guardianship status where applicable. This simplified renunciation process acknowledges that acquiring Canadian citizenship may create conflicts with other citizenships or rights held in other countries and ensures a more efficient administrative approach.
Canada (278/2025) February 4, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.
