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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 62
Monday, May 1, 2023, 3:34 p.m. to 5:37 p.m.
Webcast
Presiding
Salma Zahid, Chair (Liberal)

Library of Parliament
• Julie Béchard, Analyst
• Philippe Antoine Gagnon, Analyst
• Andrea Garland, Analyst
 
House of Commons
• Philippe Méla, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
• Patrick Williams, Procedural Clerk
Department of Citizenship and Immigration
• Nicole Girard, Director General, Citizenship Policy
• Uyen Hoang, Senior Director, Legislation and Program Policy
• Erika Schneidereit, Counsel, Legal Services
• Allison Bernard, Senior Policy Analyst
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians).

The witnesses answered questions.

The committee commenced its clause-by-clause study of the Bill.

The Chair called New Clause 0.1.

Jenny Kwan moved, — That Bill S-245 be amended by adding before line 4 on page 1 the following new clause:

“0.1 Subsection 2(2) of the Citizenship Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) a person has a substantial connection with Canada if

(i) the person has been physically present in Canada for at least 1,095 days,

(ii) the person has been registered as an elector or a future elector under the Canada Elections Act,

(iii) the person has studied at an elementary, secondary, post-secondary or vocational school in Canada, or

(iv) the person has been employed by the Government of Canada, or been a representative or delegate of Canada, at an international organization, summit or forum.”

Debate arose thereon.

Marie-France Lalonde moved, — That the amendment, proposing to add Clause 0.1 to Bill S-245 be amended by substituting the following for that Clause:

“0.1 Subsection 2(2) of the Citizenship Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) a person has a substantial connection with Canada if the person has been physically present in Canada for at least 1,095 days.”.

After debate, the question was put on the subamendment of Marie-France Lalonde and it was agreed to.

The debate continued.

Brad Redekopp moved, — That the amendment be amended by adding the word “consecutive” after the number “1,095”.

After debate, the question was put on the subamendment of Brad Redekopp and it was negatived on the following recorded division:

YEAS: Tom Kmiec, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 4;

NAYS: Shafqat Ali, Martin Champoux, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Marie-France Lalonde — 7.

After debate, the question was put on the amendment of Jenny Kwan, as amended, and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Martin Champoux, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Marie-France Lalonde — 7;

NAYS: Tom Kmiec, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 4.

On Clause 1,

Marie-France Lalonde moved, — That Bill S-245, in Clause 1, be amended by deleting lines 4 to 8 on page 1.

After debate, the question was put on the amendment of Marie-France Lalonde and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Martin Champoux, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Jenny Kwan, Marie-France Lalonde, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 11;

NAYS: — 0.

At 4:38 p.m., the sitting was suspended.

At 5:04 p.m., the sitting resumed.

Marie-France Lalonde moved, — That Bill S-245, in Clause 1, be amended by replacing lines 11 to 14 on page 1 with the following:

“(g.1) the person was born outside Canada after February 14, 1977 and, before April 17, 2009, ceased to be a citizen because they failed to make an application to retain their citizenship under section 8, as it read before April 17, 2009, or made such an application but the application was not approved;

(2.1) The portion of subsection 3(3) of the Act before paragraph (a.1) is replaced by the following:

(3) Paragraphs (1)(b), (f), (g), (h) to (j), (q) and (r) do not apply to a person born outside Canada

(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (g.1), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;”

After debate, the question was put on the amendment of Marie-France Lalonde and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Martin Champoux, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Jenny Kwan, Marie-France Lalonde, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 11;

NAYS: — 0.

Jenny Kwan moved, — That Bill S-245, in Clause 1, be amended by adding after line 14 on page 1 the following:

“(2.1) Subsection 3(1) of the Act is amended by striking out “or” at the end of paragraph (q), by adding “or” at the end of paragraph (r) and by adding the following after paragraph (r):

(s) the person was born outside Canada after February 14, 1977 and before April 17, 2009 to a parent who, at the time of the birth, was a citizen by operation of paragraph (7)(k) or (m).

(2.2) Section 3 of the Act is amended by adding the following after subsection (1.4):

(1.5) A person who would not become a citizen under paragraph (1)(s) for the sole reason that, on the coming into force of this subsection, their parent — referred to in paragraph (1)(s) — is deceased is a citizen under paragraph (1)(s) if that parent, but for their death, would have been a citizen by operation of paragraph (7)(k) or (m).

(2.3) Paragraph 3(3)(a) of the Act is replaced by the following:

(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q), (r) or (s) or both of the person’s parents were citizens under any of those paragraphs;”

After debate, the question was put on the amendment of Jenny Kwan and it was negatived on the following recorded division:

YEAS: Jenny Kwan — 1;

NAYS: Shafqat Ali, Martin Champoux, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Marie-France Lalonde, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 10.

At 5:37 p.m., the committee adjourned to the call of the Chair.



Keelan Buck
Clerk of the committee