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Canadian Citizenship by Descent — Bill C-71 Rules

Complete legal breakdown of Bill C-71 repealing the 2009 First-Generation Limit (FGL) — how Canadian parents born abroad can pass citizenship to their children born outside Canada via the 1,095-day substantial connection test.

Understanding the Repeal of the First-Generation Limit (FGL)

In April 2009, amendments to Canada's Citizenship Act introduced an automatic "citizenship cutoff" rule: a Canadian citizen who was born *outside* Canada could not automatically pass Canadian citizenship to their child if that child was also born *outside* Canada. This was known as the First-Generation Limit (FGL).

The rule created two classes of Canadian citizens and penalized Canadian families working, studying, or serving abroad. In 2023, the Ontario Superior Court struck down the FGL as unconstitutional discrimination under the Canadian Charter of Rights and Freedoms. Bill C-71 codifies the court's mandate into law.

The Substantial Connection Test Breakdown

Under Bill C-71, a Canadian parent born abroad can pass citizenship to their child born abroad by satisfying the Substantial Connection Test:

RequirementLegal ThresholdAcceptable Proof & Documentation
Physical Presence in CanadaAt least 1,095 cumulative days (3 years) in Canada prior to the child's birth or adoptionCBSA entry/exit records, CRA T4 slips, notice of assessments, Canadian school transcripts, lease contracts, utility bills.
Timing of PresenceAccumulated at any point in the parent's lifetime prior to child's birthDoes NOT have to be the 3 years immediately preceding the birth; can include childhood or university years spent in Canada.
Application ProcessProof of Citizenship ApplicationSubmit Form CIT 0001 (Application for a Citizenship Certificate) to IRCC online or by paper.

Frequently Asked Questions (Bill C-71)

Yes. Bill C-71 contains remedial provisions that grant Canadian citizenship to individuals who would have been citizens if not for the 2009 First-Generation Limit. Individuals born abroad to a Canadian parent before Bill C-71 can apply for proof of citizenship using Form CIT 0001.

No. The 1,095 days of physical presence in Canada can be accumulated cumulatively over the parent's entire lifetime prior to the child's birth (e.g., spending childhood, university years, or work periods in Canada).

You file Form CIT 0001 (Application for a Citizenship Certificate under section 3 of the Citizenship Act) along with the child's birth certificate, parent's Canadian citizenship proof, and evidence of the parent's 1,095 days in Canada.

Yes. Bill C-71 creates an equivalent substantial connection requirement for children adopted abroad by Canadian parents who were born outside Canada.

Bill C-71 covers children of deceased Canadian parents, provided proof can be submitted showing the deceased parent satisfied the 1,095-day physical presence requirement in Canada during their lifetime.

No. Before applying for a Canadian passport, the child must first obtain a Canadian Citizenship Certificate (Proof of Citizenship) issued by IRCC.

Standard processing times range from 3 to 10 months. Urgent processing can be requested for travel, medical, or employment emergencies.
Official Government References & Sources

• IRCC — Citizenship by Descent & Bill C-71 Updates: canada.ca/citizenship-by-descent
• Parliament of Canada — Bill C-71 Legislative Summary: parl.ca/bill-c71
• Form CIT 0001 Official Application Package: canada.ca/form-cit-0001

Citizenship Law Facts
Old Rule (2009)First Gen Limit (FGL)
New Rule (Bill C-71)Substantial Connection
Min Days in Canada1,095 Days (3 Years)
Application FormCIT 0001
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