Received a Bill C-3 Clawback Letter? Here's What You Need to Know

What is Bill C-3?

Bill C-3, which came into force on December 15, 2025, brought a change to Canada's Citizenship Act, RSC 1985, c C-29 to expand who can obtain Canadian citizenship by descent. The legislation was passed in response to an Ontario Superior Court of Justice decision that found parts of the previous citizenship rules were unconstitutional.

Before Bill C-3, Canadian citizenship could generally only be passed on to the first generation born outside Canada. This meant that a Canadian citizen born or naturalized in Canada could pass citizenship to a child born abroad, but that child could not pass citizenship on to his or her own children if those children were also born outside Canada.

What does Bill C-3 do?

For individuals born outside Canada before Bill C-3 came into force, the legislation grants automatic Canadian citizenship to second and subsequent generations born abroad, provided they had a Canadian citizen parent at the time of their birth.

For children born abroad after December 15, 2025, citizenship can still be passed on beyond the first generation, but only where the Canadian parent can demonstrate a substantial connection to Canada.

To demonstrate a substantial connection, a parent must prove that he or she spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth or adoption. Parents can use documents such as pay stubs, school records, leases, tax documents, etc. to show that they lived in Canada for at least 1,095 days.

Bill C-3 Suspension Letters

In June 2026, Immigration, Refugees and Citizenship Canada ( "IRCC") began reviewing some citizenship certificates that had already been issued under Bill C-3.

As part of that review, some people received letters asking them to surrender their citizenship certificates while the IRCC re-examined their files. These letters have commonly become known as "clawback letters."

In most cases, a clawback letter is being sent because the IRCC has concerns that the citizenship application was supported by records obtained from genealogy websites or other unofficial sources instead of documents issued directly by a government authority.

IRCC has recently provided some guidance on this and has indicated that lineage documents should come from the original source authority whenever possible. Applications supported by unofficial historical records will receive additional scrutiny.

While IRCC has emphasized the importance of obtaining records directly from a government authority whenever possible, government-issued records are not necessarily the only form of acceptable evidence.

IRCC recognizes that, in some circumstances, applicants may need to rely on alternative documentation to establish a family relationship or a parent's Canadian citizenship, particularly where historical records are unavailable. As a result, the absence of a particular government-issued document does not automatically mean that a citizenship application will fail, and other supporting evidence may still be considered.

What Should You Do If You Receive a Clawback Letter?

A clawback letter is not the same as a final decision revoking citizenship. In most cases, it means that IRCC has concerns about the evidence supporting the citizenship claim and wants to review the file further. Additional documentation may be requested to confirm the individual's eligibility for citizenship before a final decision is made regarding citizenship.

For many individuals affected by the review, the question is not whether they qualify for citizenship under Bill C-3, but whether the documents used to prove their family connection satisfy the IRCC's evidentiary requirements. If you require assistance with responding to a “clawback letter” reach out to one of our immigration team members for advice on how to proceed.