Citizenship by descent — substantial-connection test (Bill C-3, in force)

CA-DSC-02 is the citizenship-by-descent route governed by the substantial-connection test under Citizenship Act s.3(3), as replaced by S.C. 2025, c. 5 (Bill C-3) s.1(8) and in force since 2025-12-15 (Order in Council SI/2025-129, P.C. 2025-928). For a child born outside Canada on or after 2025-12-15 to a Canadian parent who was themselves a citizen by descent or by certain grant categories and born abroad, citizenship by descent is conferred only if that Canadian parent accumulated at least 1,095 days of physical presence in Canada at any time before the child's birth. The route exists because the prior absolute first-generation limit (FGL) — an unconditional second-generation cut-off with no escape mechanism, enacted by Bill C-37 (S.C. 2008, c. 14) — was declared unconstitutional in Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152, and replaced by Parliament with this conditional connection test. As of 2026-06-01 the test is in force, not pending: any framing treating C-3 as a bill awaiting passage, or attributing the reform to the lapsed Bill C-71, is incorrect.

Citizenship by descent arises by operation of law, so there is no grant fee for the status itself; the cost is the proof-of-citizenship (citizenship certificate) application fee, which is CAD 75.00 per the IRCC fee list (current as of the 2026-04-30 fee-list date-modified). This is distinct from, and far lower than, the adult naturalization grant total of CAD 653.00 (CAD 530.00 processing plus the CAD 123.00 Right of Citizenship Fee, the RCF having risen to CAD 123.00 effective 2026-03-31) and the CAD 100.00 minor grant — none of which apply to a descent-by-operation-of-law claim. A search of citizenship records, sometimes used to evidence a parent's status history, is CAD 75.00. Fees are indexed periodically under the Service Fees Act, so the CAD 75.00 proof fee should be reconfirmed against the live IRCC fee list at the time of application. There is no investment-based or expedited-purchase pathway to citizenship by descent in Canada; the only fee is the standard proof-of-citizenship fee.

The operative provision is Citizenship Act, R.S.C. 1985, c. C-29, s.3(3) (marginal note 'Not applicable — after first generation'), as replaced by An Act to amend the Citizenship Act (2025), S.C. 2025, c. 5, s.1(8). Section 3(3) carves an exception out of the core descent grant in s.3(1)(b): paragraph (1)(b) does not apply to a person born outside Canada on or after the day C-3 came into force where (a)(i) a parent was a citizen by descent or by an enumerated grant/historical category and born outside Canada, and (a)(ii) neither parent who was a citizen was physically present in Canada for at least 1,095 days before the person's birth; paragraph (b) applies the analogous rule for parents who were citizens under enumerated Canadian Citizenship Act historical provisions. The coming-into-force day was fixed at 2025-12-15 by Order in Council SI/2025-129 (P.C. 2025-928, dated 2025-12-11) made under s.7 of the amending Act. The Crown-service carve-out is at s.3(5). A child who satisfies the test is a citizen by descent under s.3(1)(b) and is deemed a citizen from birth by s.3(7)(h).