Strengthening the Value of Canadian Citizenship Act

An Act to amend the Citizenship Act and to make consequential amendments to another Act

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Jason Kenney  Conservative

Status

Second reading (House), as of June 10, 2010
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to
(a) allow certain persons who would be citizens but for the death of a parent to become citizens;
(b) allow the grandchildren of Canadians who have served abroad in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, to be citizens by descent or, if the grandchildren are adopted, to be eligible for citizenship under section 5.1;
(c) clarify the rule that citizenship may not be acquired after the first generation either by descent or, in the case of an adopted person, by way of a grant under section 5.1;
(d) clarify that, in most cases, applicants for citizenship must be physically present in Canada for a specified period immediately before their application;
(e) provide for a new judicial process to revoke the citizenship of a person who has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances;
(f) provide for the opportunity to seek, in the context of the new judicial process, a declaration of inadmissibility leading to the deportation of the person whose citizenship is revoked;
(g) provide for the regulation of third-party involvement in the citizenship process;
(h) expand the prohibitions with respect to grants of citizenship to include convictions for and ongoing criminal proceedings with respect to foreign offences, as well as sentences served outside Canada; and
(i) provide for new offences, increase penalties and amend the limitation period.
It also makes consequential amendments to the Immigration and Refugee Protection Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

December 8th, 2010 / 4:25 p.m.
See context

Liberal

Justin Trudeau Liberal Papineau, QC

Thank you, Mr. Chair.

Thank you, Mr. Griffith.

I'd like to first start with a question that has come up a couple of times. The intent of this private member's bill, and of the element of Bill C-37 that achieves a similar goal, is basically to say that for someone serving Canada who is working as a crown employee--military and such--outside of Canada, when they have kids, it's as if they had kids in Canada, on Canadian soil. Is that basically the core of the issue?

December 8th, 2010 / 4:20 p.m.
See context

Director General, Citizenship and Multiculturalism Branch, Department of Citizenship and Immigration

Andrew Griffith

Thank you, Mr. Chair, and thank you for the invitation to appear before you today.

My name is Andrew Griffith. I am the director general of the citizenship and multiculturalism branch, as you mentioned, and I'm accompanied by my team, Nicole Girard and Alain Laurencelle.

I am pleased to be here to discuss Bill C-467, a private member's bill.

Over the course of the next few minutes, I would like to briefly review the changes made in the Citizenship Act of 2009, which implemented a first-generation limit on citizenship for those born abroad, and I will briefly describe what Bill C-467 proposes in relation to those changes. I will also outline some changes that we believe are needed to ensure the current bill achieves its intent.

Let me begin by talking about the changes that were made to the Citizenship Act in 2009. These changes gave a restored citizenship to most “lost Canadians”, persons who lost or never had citizenship.

Also introduced at this time was a first generation limit to citizenship by descent for those born abroad. The intent of this limit was to protect the value of Canadian citizenship for the future and to ensure citizens have a connection to Canada.

These changes meant that children born to Canadian parents in the first generation outside Canada would be Canadian at birth only if one parent was born in Canada, or one parent became a Canadian citizen by immigrating to Canada and later being granted citizenship, or naturalized.

These changes also include an exception to ensure that children born or adopted outside Canada to a parent serving abroad with the Canadian armed forces, the federal public administration, or provincial public service would be citizens, even if they were born outside Canada, in the second or subsequent generation. However, like all children born outside Canada to a Canadian parent, children of crown servants cannot pass on citizenship to children they might have or adopt abroad as a result of the first-generation limit.

Other countries with a first generation limit, like the United Kingdom and New Zealand, have dealt with this issue differently by ensuring that children born abroad to crown servants are able to pass on citizenship to their children born or adopted abroad. This is what Bill C-467 seeks to do.

Bill C-467 proposed to treat children born abroad or adopted outside Canada by crown servants and Canadian Forces personnel as children born in Canada, such that they would be able to pass on citizenship to any children they may have or adopt abroad. The government fully supports the intent of this bill in that it recognizes and values the strong contributions, commitment, and sacrifice of crown servants working abroad and of their families.

Crown servants, including our military, work to serve Canadians abroad. Crown servants serving abroad demonstrate ongoing attachment to Canada in several ways.

First, they are considered residents of Canada.

Second, crown servants pay Canadian taxes while serving abroad.

Third, they rotate regularly back to Canada. This is different from the situation of Canadian expatriates who in many cases are not considered residents of Canada, do not pay Canadian taxes, and may or may not regularly rotate back to Canada.

All of these things demonstrate a strong ongoing connection to Canada.

The government does, however, have concerns with the bill, as it is currently drafted, since it does not achieve its intended objective and would have unintended consequences. I now want to briefly outline these concerns.

As I have said, the intent of Bill C-467 is to enable the children of crown servants to pass on citizenship to any children they have or adopt outside Canada. As currently drafted, however, it does not enable the children of crown servants to pass on citizenship.

At the same time, the bill removes the section of the act that currently provides an exception to the first-generation limit for children born abroad in the second and subsequent generations. Effectively, this would deny citizenship to the children of crown servants in situations where the crown servant parent was also born abroad to a Canadian parent.

The bill also poses problems with respect to adopted persons. Specifically, the bill proposes to confer citizenship automatically to children adopted abroad by crown servants who are born or naturalized in Canada, without regard to the international obligations and requirements under the current law.

The current act already allows anyone who is born abroad and adopted by a Canadian parent who was born in Canada, whether or not that parent is a crown servant, to apply for a grant and become a citizen. The criteria for such a grant respect the international obligations that are there to protect the best interests of the child: for example, to protect against child trafficking and to respect provincial jurisdiction on adoptions.

The problem is that under Bill C-467, children adopted abroad by crown servants would no longer need to apply for a grant in the current manner, meaning they would no longer be subject to the safeguards aimed at protecting the best interests of the child.

For the reasons I have just outlined, Bill C-467 does not achieve its intended objective and would have negative unintended consequences.

The changes, however, that would be required to ensure the benefits of Bill C-467 are achieved would be relatively minor. The intent of the bill could be achieved by expanding the current exemption to ensure the children of crown servants, including the Canadian Forces, like children born in Canada, would be able to pass on citizenship to any children they have or adopt outside of Canada. Recognizing their sacrifice, commitment, and strong connection to Canada, there should be no questions about the citizenship of their children, no matter where they are born.

Just to add to this, Mr. Chairman, in June 2010, of course, as people know, the government did introduce Bill C-37, the Strengthening the Value of Canadian Citizenship Act. This bill contains a number of amendments that would strengthen the process of applying for citizenship, improve measures to address citizenship fraud, and streamline the revocation process.

Specifically, Bill C-37 proposes to: add legal authority to regulate citizenship consultants and to crack down where they help people gain citizenship fraudulently; increase penalties for fraud; strengthen residency requirements to require a physical presence; improve the government's ability to bar criminals from becoming citizens; and ensure the law supports the implementation of the first-generation limit.

Similar to Bill C-467, Bill C-37 also proposes changes to the current crown servant exception to the first-generation limit. Consistent with the objective of Bill C-467, the proposed changes to the crown servant exception in Bill C-37 would ensure that the children of crown servants serving abroad are not disadvantaged by their parents' service to Canada and are able to pass on citizenship to their children born or adopted abroad.

Thank you again for the opportunity to speak before you. I would be happy to take any questions you may have.

December 8th, 2010 / 3:55 p.m.
See context

Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

Well, I'd be less than candid with you if I said to you that I've read every clause in Bill C-37 that impacts my bill, or that I've looked as a lawyer would at the amendments you've proposed. I simply have faith in the civil servants when they come and tell you that a particular amendment has certain consequences.

If the legal analysts are correct, I'm happy with either Bill C-467 passing or Bill C-37 passing. I have no preference. I really have no possession of this particular issue.

December 8th, 2010 / 3:55 p.m.
See context

Conservative

Rick Dykstra Conservative St. Catharines, ON

Thanks, Ujjal.

The question that I was really leading to was on the fact that obviously we want to ensure the objective that children of Canadian soldiers and other crown servants are able to pass citizenship on. I think that from the meetings we've had and the work done by the ministry in working with you on it, we've established that while there will be some amendments to the bill, it in fact will meet the intent that you want it to.

Obviously, Bill C-37 is going to be coming to the committee. We know that it's on its way through the House, amongst a number of other bills. Obviously it addresses the same issues that you've highlighted. I want to ask you outright: are you comfortable working under the guise of Bill C-37 as well? Because obviously in its attempt to address these issues, it's very similar to what you're proposing.

December 8th, 2010 / 3:55 p.m.
See context

Conservative

Rick Dykstra Conservative St. Catharines, ON

That's good to hear.

I certainly want to thank you for bringing the bill forward and for your efforts and obviously the government's efforts on Bill C-37, an attempt to address the gap in the current citizenship law to protect children of Canadian soldiers and of other crown servants. I know we've discussed this, but can you talk to the committee about the extent to which you've been working with the government on the bill?

Immigration and Refugee Protection ActGovernment Orders

December 7th, 2010 / 10:10 a.m.
See context

St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Madam Speaker, as Parliamentary Secretary to the Minister of Citizenship, Immigration and Multiculturalism, I am pleased to rise today to commence third reading of Bill C-35, An Act to amend the Immigration and Refugee Protection Act.

This important piece of legislation would strengthen the rules governing those who charge a fee for immigration advice and representation. I hope at the end of the day that all hon. members will support the bill.

Over the past four years, this government has proposed and implemented initiatives and policies that clearly demonstrate a commitment to innovation and to improvement. Hon. members will recall that we modernized our immigration system by bringing flexibility to the way we select immigrants while tackling the backlog. We had to fix our immigration system or else the number of people waiting to come here would have swelled to over 1.5 million by 2012.

To improve Canada's asylum system, the minister introduced earlier this year the balanced refugee reform act. Its implementation will mean faster protection for those who genuinely need it and fast removals of bogus refugees who simply do not.

Now it is time to address the lack of public confidence in the regulation of immigration consultants. We all know that people anxious to immigrate to Canada can fall victim to unscrupulous immigration representatives who charge exorbitant fees and may promise would-be immigrants high-paying jobs or guaranteed, fast-tracked visas.

We have all heard or read about their unscrupulous and deceitful schemes such as encouraging prospective immigrants to lie on their applications, to concoct bogus stories about persecution while making refugee claims or to enter into sham marriages with Canadian citizens and permanent residents. In their quest for personal gain these unscrupulous representatives have displayed a wanton disregard for our immigration rules, bilked numerous people out of their hard-earned dollars and left countless lives in tatters along the way. These crooked immigration representatives are a menace, posing a costly threat not only to their victims but also to the integrity and fairness of our system.

Bill C-35 would amend the Immigration and Refugee Protection Act so that only members in good standing of a law society of a province, the Chambre des notaires du Québec or a body designated by the minister may represent or advise for a fee, or offer to do so at any stage of a proceeding or application.

Under the current legislation, the involvement of representatives in the pre-application or pre-submission period is beyond the scope of the law. Well, I am happy to say that Bill C-35 fixes that. By our casting a wider net, unauthorized individuals who provide paid advice or representation at any stage would be subject to a fine and/or imprisonment. This includes undeclared ghost consultants who operate in the shadows and conceal their involvement in an application or proceeding.

Further, there are currently no mechanisms in law that give the Minister of Citizenship, Immigration and Multiculturalism the authority to oversee the governing body regulating immigration consultants. The bill would provide the minister with the power by regulation to designate a body to govern immigration consultants and provide the Governor in Council the ability to establish measures to enhance the government's oversight of that designated body.

Citizenship and Immigration Canada is currently limited in its ability to disclose to the relevant governing body information on individuals providing unethical or unprofessional representation or advice. The bill would allow CIC to disclose such information to those responsible for governing or investigating that conduct, so we can work together to crack down on crooked consultants. An investigation could be undertaken more readily by the appropriate governing body and, where appropriate, disciplinary action pursued.

As we all know, governing bodies are responsible for taking disciplinary action against their members in cases of misconduct. This includes the revocation of membership. The governing body for immigration consultants can, like other bodies, investigate the conduct of its members where there is a concern that a member has breached a term of his or her membership. Provincial law societies use a similar process to look into complaints concerning their own members.

This bill is a comprehensive proposal to provide protection for vulnerable would-be immigrants by imposing serious criminal sanctions on unscrupulous representatives, enhancing oversight of the governing body for immigration consultants and improving information-sharing tools.

Since its introduction, Bill C-35 has received positive feedback from stakeholders, the media and Canadians, all of whom believe that this change was long overdue.

Throughout the Standing Committee on Citizenship and Immigration study of Bill C-35, the minister and government committee members listened to the concerns raised and, accordingly, have adjusted the bill in a way that we believe can only strengthen it. That is what I said. We adjusted the bill accordingly during our consultations at committee.

For example, the government proposed the recognition of paralegals regulated by a law society. By recognizing the ability of law societies to govern their members in the public interest, such recognition could help protect would-be immigrants.

In response to concerns raised in good faith by parliamentarians, we also agreed to a number of amendments that reflect their input, resulting in language that, I believe, has strengthened this bill.

These amendments create a package that would realize our goal of cracking down on unscrupulous immigration representatives who exploit prospective would-be immigrants.

The offence provision found in Bill C-35 has been amended to capture both direct and indirect representation and advice. Penalties have been toughened by increasing the maximum fine for the offence of providing unauthorized immigration advice from $50,000 to $100,000; and summary convictions from $10,000 to $20,000.

The statute of limitations for summary conviction has also been increased to 10 years, offering investigators ample time to properly and fully investigate various offences committed under the act and lay charges before the time period passes.

In addition, for greater clarity, the government proposed a compromise amendment, which would respect Quebec's jurisdiction while maintaining federal authority over the regulation of immigration consultants.

The intention of this provision is to recognize that the province's act respecting immigration to Quebec applies to immigration consultants who, for consideration, advise or represent a person who files an application with the Quebec minister or government.

This amendment is not intended to capture immigration consultants who are advising or representing a person with regard to processes or requirements only under the Immigration and Refugee Protection Act, where these processes or requirements do not relate to Quebec legislation.

The proposed reforms follow the launch in 2009 of a public information campaign with information on the web in Canada, at missions abroad and through the media, explaining to Canadians how our immigration system works.

At the same time that Bill C-35 moves through the legislative process, a public selection process has been undertaken, under current authority, to identify a governing body for recognition as the regulator of immigration consultants.

In 2008 and 2009, reports of the standing committee pointed to a lack of public confidence in the body currently governing immigration consultants. This lack of public confidence poses a significant and immediate threat to the immigration program and its process.

Public comments on the selection process were solicited in June. This was followed by a call for submissions, as published in the Canada Gazette on August 28.

This open and transparent process is being undertaken in order to ensure that the body governing immigration consultants can effectively regulate its members, thus ensuring public confidence in the integrity of our immigration program.

A selection committee, composed of officials from the Department of Citizenship and Immigration, other federal government organizations and external experts, will examine all of the completed submissions against the criteria listed in the call for submissions that I spoke of earlier.

The selection committee will provide the Minister of Citizenship, Immigration and Multiculturalism with a recommendation as to which organizations, if any, has or have demonstrated the necessary organizational competencies.

Any and all potential and interested candidates are welcome to apply, including the Canadian Society of Immigration Consultants.

This ongoing public selection process, together with the legislative changes proposed in Bill C-35, ensure the most efficient and the most effective approach to strengthening the regulation of immigration consultants, immediately and in the future. However, as we know all too well, there are large numbers of immigration consultants who operate beyond our borders.

The problem we are trying to address is large in scale and it is international in scope. The value of coming to Canada is so great in the minds of so many that they are often willing to pay their life savings in cash, and beyond, to unscrupulous representatives with the false promise of obtaining visas to visit or to move to Canada. That is why, when the minister met in September with some of our international partners, he underscored the need for combined action to thwart fraud and various forms of exploitation by unscrupulous immigration representatives.

The commission of fraud under Canada's immigration program is a crime that threatens the integrity of our immigration system, raises security concerns, wastes tax dollars, is unfair to those who do follow the rules and adds to the processing time for legitimate applications. We are fortunate that Canada's visa officers are extremely vigilant in preventing the exploitation of victims, but every fake document and false story we find slows down the entire system and diverts our resources away from legitimate applications. That is because our fraud deterrents and verification efforts, while effective, require much more time and resources than routine processing of applications.

Members can see why we are determined to crack down on immigration fraud or misrepresentation by unscrupulous immigration representatives. These unscrupulous representatives victimize people who dream of immigrating to this country. With no motive but greed, these profiteers take advantage of would-be immigrants and tempt them with a bogus bill of goods.

Needless to say, the underhanded schemes of unscrupulous representatives undermine the integrity and the fairness of Canada's immigration system. It is imperative that we tackle the threat they pose and this bill would allow us to do just that. The changes we propose would strengthen the rules governing those who provide immigration advice and representation for a fee, or offer to do so, and it would improve the way in which immigration consultants are regulated.

These changes are also in line with amendments we have proposed to the Citizenship Act to regulate citizenship consultants, which is Bill C-37 and will be coming to this House for second reading very shortly.

For far too long, unscrupulous immigration representatives have preyed upon the hopes and the dreams of would-be immigrants to our country. This disreputable conduct has brought shame to their profession and has abused our immigration system.

As was the case with Bill C-11, the Balanced Refugee Reform Act, the spirit of compromise and co-operation surrounding this bill has again been remarkable. I should speak to that briefly.

The fact is that one of the things Canadians have asked this government to do, and have asked all parties in this House to do, is to do our best to work together, to not be seen as always opposing the position of each other for political gain or to embarrass each other, because at the end of the day, legislation that passes through this House must be good for Canadians. It must be effective and efficient in terms of the new law that it sets, the new standard that it sets, in legislation.

I have to say, having been a member, as a parliamentary secretary, of the citizenship and immigration committee since the 40th general election, it is in fact a testament to the group of people who have sat on that committee and the group of people who sit on the committee now that indeed, while we do have our political flare-ups and we do have our disagreements, we have in fact, with Bill C-11 and Bill C-35, found a way to work together.

I certainly want to credit my critic who, while being on the job for a little less than a year, has in fact taken up the challenge that his predecessor put in front of him in terms of ensuring that, if we are going to work on issues of citizenship, on issues of immigration and on issues of multiculturalism and because the laws of the country sit before that committee, we must work together on behalf of Canadians to move that legislation forward.

The citizenship and immigration committee certainly has set an example of the spirit of compromise. It is a testament that legislation requires the support not just of the government but of a number of individuals in order to get it through the House.

Bill C-35 is a testament to the compromise the government is prepared to make without surrendering its values or the importance of the legislation the government puts before the House. The government recognizes that in the spirit of compromise, in some cases, the amendments actually strengthen the legislation. Bill C-35 is stronger now than it was before it went to committee. I compliment the Minister of Citizenship and Immigration who understands the need to listen, respond and act when legislation is moving forward.

I think the vote on third reading of Bill C-35 will show the support throughout the House for this piece of legislation. This legislation stands for those people who come to this country to become Canadians because of the history and traditions that make Canada a great country. Many people want to become Canadian citizens.

It is important to note that this legislation is for prospective Canadians. It is not just for those who are already Canadian citizens. That speaks volumes to where we are going as a country in terms of the immigrants coming here to build better lives for themselves and to contribute to the Canadian way of life. This bill does a great job in terms of representing that direction.

It is my hope that the spirit of compromise and co-operation as seen during the committee's study of Bill C-35 will ensure the bill's passage in the House.

I want to note the tireless efforts of the Minister of Citizenship, Immigration and Multiculturalism. Many in the House know of his hard work.

I also want to compliment all of the members of the committee, in particular my colleagues who sit on the government side. All five of them put in hours and hours of effort to ensure that this bill would move forward and carry.

I want to thank the chairman of the committee who at times had to rule with an iron fist. At times, he had to ensure that even the parliamentary secretary kept his cool during the hearings. In fact, I moved a motion to challenge the chair. I lost that vote as the opposition members actually sided with the chairman, but I certainly respected his decision in that regard.

Despite the workings of some of the issues that arose, the chairman did an excellent job in guiding the committee through some difficult negotiations and discussions on the bill. He ensured that witnesses, members of the public from across the country, who wanted the opportunity to participate and speak to the bill in terms of what was good or in need of change were allowed to do so.

At the end of the day, we have a piece of legislation before this House of which all of us regardless of political stripe can be proud. The government will do its best to ensure that Bill C-35 is implemented quickly once it receives royal assent.

To conclude, I wish to thank the people who work at Citizenship and Immigration Canada. They did an amazing job in ensuring that this bill met all of the standards this government wanted it to meet.

December 2nd, 2010 / 9:40 a.m.
See context

Cindy Xavier Executive Director, Adoption Support Centre of Saskatchewan

Good morning, Madam Chair and members of the committee.

I believe that we all have the same philosophical viewpoint when it comes to supporting parents. Fundamentally, when parents are properly supported, their children have a better opportunity of thriving in their given environment. It does not matter whether a child comes into a family by birth or through adoption or foster care, parents and guardians of these children all need to have the resources and tools to meet the needs of the child.

Today we have outlined three important areas in which we believe the federal government could play a role in supporting adoptive parents, and in turn the children who come into their families.

Firstly, we ask that the committee make a recommendation to amend the Employment Insurance Act and Canada Labour Code to provide adoptive parents with the same benefits that birth or natural parents enjoy. We are not asking for adoptive parents to have access to the maternity benefits program of 15 paid weeks, as was done in the cases of Schafer v. Canada and Tomasson v. Canada. Nor are we asking for a 15-week extension for the parental leave program. What we are asking is that the federal government recognize the needs of adoptive parents to be as valid and substantial as a parent who gives birth. We are asking the committee to recommend creating an adoption leave benefit program for the primary caregiver of a child who comes into a family by adoption.

We feel that the current employment legislation discriminates against adoptive parents. Adoptive parents face many challenges in their journey to build a family. These challenges can have significant mental, physical, and emotional effects for the adoptive parents. However, these are largely misunderstood by the general public. Post-adoption depression is well documented but rarely talked about, much like post-partum depression was in the past. Adoptive parents face numerous challenges in meeting the medical, emotional, and psychological needs of children who may come to them having had severely damaging experiences. Some of these parents' testimonies are in the supporting document that we have provided to you.

We want to see families succeed, and we want to minimize adoption disruptions that further traumatize children and their families. We believe that an adoption leave benefit would provide adoptive parents with more opportunity to successfully parent their children.

Secondly, we are asking the committee to review the current information processes and legislation around citizenship and immigration for adoptive families. We are asking for an amendment to Bill C-37 to allow adoptees who are Canadian citizens born abroad to pass their Canadian citizenship status on to their children. This is a freedom and right enjoyed by every other Canadian citizen who gives birth and passes their Canadian citizenship on to their biological children.

We also ask that the committee recommend a review of the current information and delivery through Citizenship and Immigration Canada. Navigating the website is confusing. There is no information for adoptive parents regarding the status of countries where adoptive parents may look to adopt. Accessing consistent and concise information through the call centre is difficult. This is compounded when the adoptive parents speak another language and French or English is a new language to them.

Thirdly, but most importantly, we urge the committee to recommend that the federal government establish a higher level of service to children in care by mandating that provinces consult with the children in their care when alternative family options such as adoption are being considered. Every province across Canada is experiencing a child welfare crisis. Foster care overcrowding has been the priority in reports, reviews, and discussion papers across Canada. In 2008, the Saskatchewan children's advocate report, under the direction of Marv Bernstein, highlighted many of the critical issues for the children who reside in the Saskatchewan foster care system. Since that time, we have had a number of child deaths of the children in care in Saskatchewan. Children who cannot return to their birth family or community are still remaining in foster care for a far longer time than necessary. The longer children are in care before they may be joined with their adoptive family minimizes the chances of success and increases the risks of adoption disruption.

Children have a right to have a voice. Children have a right to have a say in what they want when returning to their birth family or community is not an option. Children have a right to timely permanency and stability when other options are not possible.

Thank you for your time.

December 1st, 2010 / 3:50 p.m.
See context

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

If, in the meantime, Bill C-37 were passed in its present wording, do you agree with me that your bill would become redundant?

December 1st, 2010 / 3:50 p.m.
See context

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Thank you.

I would like to make sure I understand correctly. You said you had a discussion with the department about Bill C-37, which will eventually get passed, and we're already starting to realize that some of its provisions might need some amendments. Is it what you said?

December 1st, 2010 / 3:35 p.m.
See context

Conservative

The Chair Conservative David Tilson

I understand your concern. For all we know, Bill C-37 may be months away. I hope not, but that's the possibility.

I think we're in agreement. I think we are.

December 1st, 2010 / 3:35 p.m.
See context

Liberal

Justin Trudeau Liberal Papineau, QC

I think the clarification is that we don't want to hear witnesses who will repeat themselves on issues they've already spoken to, that is, the part of Bill C-37 that is similar to Mr. Dosanjh's bill. I just wouldn't want to have a witness come on Mr. Dosanjh's section of Bill C-37 and then not be able to call them back for a different part of Bill C-37, once Bill C-37 comes around. I think that's the only concern.

I think the understanding we had was that we would try to stretch out our study of that section specifically of Bill C-37, as addressed by Mr. Dosanjh's bill, until Bill C-37 landed in front of us officially.

But I have to admit to a little bit of wariness about foraying too far astray from the issues addressed by Mr. Dosanjh's bill into Bill C-37 without either having the bill officially in front of us or having an initial briefing by the department on the whole of the bill to allow us our thinking. I probably am correct in assuming that the department won't come to talk to us about Bill C-37 until Bill C-37 is officially in front of us.

December 1st, 2010 / 3:35 p.m.
See context

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

I was under the impression that in starting our study of Bill C-467, we were to focus on the part covered by this bill. Obviously, a witness will talk about Bill C-467, but he could also cover other aspects later on.

Anyway, I don't think witnesses would like to appear twice before this committee. Maybe some of them are concerned only by this specific issue, and we should hear them first. Then, when Bill C-37 is referred to our committee for study, we will be able to focus on other aspects, which are numerous. It is not only the issue of second-generation children born abroad, it is more than that.

December 1st, 2010 / 3:35 p.m.
See context

Conservative

The Chair Conservative David Tilson

I have it in my head that there's unanimous agreement among the caucus leaders, the chairs, the secretary and the critics, that we won't hear these witnesses twice, that we'll hear them once, and that even though it may not even apply to Bill C-467, if they wander off into Bill C-37, that's okay.

That's the chair's understanding. I just want to confirm that it's everyone else's understanding.

Monsieur St-Cyr.

December 1st, 2010 / 3:35 p.m.
See context

Liberal

Justin Trudeau Liberal Papineau, QC

My question is simply one of procedure. Is it something we have to do now—to designate that the witnesses we hear on this bill will be applied to Bill C-37—or is it something that we do retroactively once we start studying Bill C-37?

December 1st, 2010 / 3:35 p.m.
See context

Conservative

The Chair Conservative David Tilson

Good afternoon.

This is the Standing Committee on Citizenship and Immigration, meeting number 35, on Wednesday, December 1, 2010. The orders of the day are, pursuant to the order of reference of Tuesday, September 28, 2010, the examination of Bill C-467, An Act to amend the Citizenship Act (children born abroad).

Before we begin, it's the chair's understanding that witnesses for this bill will be treated the same as those for Bill C-37, even though Bill C-37 hasn't gone through the House—hasn't even been debated yet—and that we might even continue on another day, namely December 8, on other witnesses.

The only caucus that has given the clerk names of witnesses is the government. So if members of the opposition have any names of witnesses on Bill C-467 or Bill C-37, they should give them to the clerk by the end of tomorrow.

Mr. Trudeau.