Recent changes to Canada’s citizenship by descent rules have expanded who may be considered a Canadian citizen. As a result, many individuals who previously believed they were foreign nationals may now fall within the definition of a Canadian citizen. These updates now extend citizenship to people born abroad to a Canadian parent, individuals whose parent recently became a citizen under the new rules, and “Lost Canadians” who previously lost their status.

What Changed in Citizenship by Descent and Why it Matters for Travel

In December of 2023, the Ontario Superior Court of Justice ruled in Bjorkquist et al. v. Attorney General of Canada that the first-generation limit on citizenship by descent was unconstitutional, prompting reforms to expand Canadian citizenship eligibility.

In 2025, Bill C-3 received Royal Assent, with changes now in force that broaden access to citizenship for people born abroad to Canadian parents or grandparents. As a result, some individuals may now be citizens automatically, even if they have never applied for proof of citizenship.

These changes to the Citizenship Act have created a practical issue: how do Canadians enter Canada without a Canadian passport? Canadian citizens cannot enter Canada using an electronic Travel Authorization (“eTA”) or a visitor visa, even if they have never held a Canadian passport. Understanding how citizenship status affects travel is essential, particularly for those who may have become citizens under the new law without realizing it.

Why Canadian Citizens Cannot Use an eTA or Visitor Visa

Canadian law requires citizens to enter Canada using a Canadian passport, with the exception of US citizens. Airlines are required to enforce this requirement. A Canadian citizen, whether by birth, descent, or operation of law, cannot be treated as a visitor.

This change in the law can lead to complications for travel. If a person is a Canadian citizen under the law, they are not eligible to apply for or be issued an eTA or visitor visa.

Another restriction to be aware of is foreign passport alone is not sufficient for travel to Canada if the individual is a citizen. Dual Canadian citizens can no longer travel to or transit through Canada by air with a non-Canadian passport. Dual citizens require a valid Canadian passport to board their flight. However, this restriction does not apply to Canadian-American dual citizens with a valid US passport.

These rules apply even if the individual has never lived in Canada, has never held Canadian documents or have only now become recognized as citizens due to the recent legislative changes. A person who is a citizen must travel as a citizen, regardless of what documents they currently hold.

What You Need to Travel if You Are (or May Be) a Canadian Citizen

If you are a Canadian citizen, you must hold:

• Proof of Canadian Citizenship (Citizenship Certificate)
• A valid Canadian passport

Without these documents, you may be denied boarding by the airline.

If you believe you may be a citizen under the new law, the first step is to apply for Proof of Citizenship. This is the only official confirmation of status.

In urgent circumstances, a Canadian citizen who does not have a Canadian passport may be eligible for a one‑time special authorization to board a single flight to Canada. This option is limited to individuals who previously held a Canadian passport, received a citizenship certificate, or became a citizen after being a permanent resident, and is generally reserved for exceptional situations such as medical emergencies or urgent family matters. Approval is discretionary and not guaranteed.

How We Can Help

Green and Spiegel LLP regularly assists individuals navigating the implications of the new citizenship by descent rules. Our team advises on:

• Assessing whether an individual is a Canadian citizen
• Preparing Proof of Citizenship applications
• Addressing travel complications arising from citizenship status
• Requesting special authorization for urgent travel
• Resolving issues related to cancelled eTAs or visitor visas

We would be pleased to review your circumstances and advise on the appropriate next steps. If you would like to assess whether you may be a Canadian citizen under the amended citizenship by descent provisions, or if you have questions about how your status affects travel to Canada, please contact us.

Sources:

IRCC, Check if you may be a citizen, online: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

IRCC, “I am a Canadian citizen. Do I need an eTA to enter Canada?” online: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1100&top=16

IRCC, Dual Canadian Citizens need a valid Canadian passport: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152.

Bill C-3: An Act to amend the Citizenship Act (2025) comes into effect – Backgrounder, online: https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/12/bill-c-3-an-act-to-amend-the-citizenship-act-2025-comes-into-effect.html

IRCC, Find out if you are eligible for a special authorization to board your flight to Canada, online: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html#findOut