An Act to amend the Citizenship Act

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Diane Finley  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Citizenship Act in order to
(a) permit certain persons who lost their Canadian citizenship for specified reasons to have their citizenship restored from the time it was lost;
(b) permit certain persons who, born outside Canada to a Canadian parent, did not acquire Canadian citizenship for specified reasons to become Canadian citizens from the time of their birth;
(c) provide that certain persons born outside Canada to a Canadian parent who was himself or herself born outside Canada do not acquire Canadian citizenship; and
(d) provide for a grant of citizenship, on application, to persons who have always been stateless and meet other specified conditions.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-37s:

C-37 (2022) An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)
C-37 (2016) Law An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
C-37 (2014) Law Riding Name Change Act, 2014
C-37 (2012) Law Increasing Offenders' Accountability for Victims Act

Citizenship and ImmigrationOral Questions

March 8th, 2010 / 2:40 p.m.


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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, we dealt with that during the last session of Parliament. We introduced Bill C-37, which received the support of all opposition parties and eliminated the discrimination previously found in the Citizenship Act.

This is what Don Chapman, spokesperson for Lost Canadians, had to say about it:

“This ends today”, the introduction of that bill, “140 years of discrimination against women and children on Canadian citizenship”.

I should add that, when the Liberals were in power, they did nothing to resolve the lost Canadians issue. They supported the solution set out in the bill during the last session of Parliament.

Support Measures for Adoptive ParentsPrivate Members' Business

November 24th, 2009 / 5:45 p.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I am glad to be in the House today to speak about this important issue, Motion M-386.

The challenges that face adoptive parents are not often discussed. This means their struggles often go unnoticed and uncorrected by this country's legislative bodies.

This motion, though it does not offer any solutions to these struggles, does draw attention to the situation adoptive parents find themselves in and as a result, allows for more discussion on what measures are in place and which measures are lacking.

The motion tabled by the hon. member for Essex calls for:

--the Standing Committee on Human Resources, Skills and Social Development, and the Status of Persons with Disabilities be instructed to examine current federal support measures that are available to adoptive parents and their adopted children, recognizing and respecting provincial and territorial jurisdictions in this regard and, following completion of its study, report back to the House with its findings.

Though the motion's ultimate goal can be achieved through other means, it does not detract us from its purpose, to take stock of what resources are currently available for adoptive parents and find out where there is a lack of support.

Let us now look at some of the challenges facing adoptive parent families.

This past summer was devastating for many adoptive families across Canada, and my riding of Sudbury was no exception.

When Imagine Adoption made its bankruptcy announcement on July 14, over 500 families were thrown into limbo. Imagine Adoption is a federal adoption agency registered with the Ontario Ministry of Children and Youth Services and a registered non-profit agency.

When the bankruptcy was announced, Imagine Adoption closed its doors and its accounts were frozen, leaving hundreds of families financially and emotionally devastated. The adoption agency is now only a closed website that redirects families to the bankruptcy trustee's website where parents can read about the group's restructuring plans.

Constituents of mine, who I met numerous times, were in the middle of adopting a child from Ethiopia when the news hit of Imagine's bankruptcy. With no adoption agency to turn to, the two of them were left to navigate the highly complex bureaucratic channels in Ontario and with the High Commission in Nairobi to find out where their paperwork was, what stage the visas were at, and what representative was dealing with their file in Ethiopia.

In this person's own words, “This turn of events has left those of us with files in waiting full of dread that our files will be pulled and our spot in the queue lost; this is to say nothing of the absolute fear being experienced by those families who have actually been matched with their child”.

This couple are not the only constituents who have contacted me on this issue. I have heard from numerous families that were also concerned.

These Sudburians understand that adoptive parents face tough challenges, not to mention a remarkably complex approval process and uncertainty levels when dealing with adoption cases overseas.

This is why we need to look into what resources are available for these parents. Moreover, this is why we need to take action now to help those who are still in limbo, still waiting for their families to be complete.

The challenges facing adoptive parents are not news to New Democrats. Rather, we have been listening, listening to the biggest concerns raised by adoptive parents and doing what we can to make their lives better.

I would like to touch on the good work that two of my colleagues are doing on this issue, the first initiative from my colleague from Burnaby—New Westminster and the second from my caucus member from Trinity—Spadina.

In January of this year, my caucus member from Burnaby—New Westminster introduced Bill C-413, An Act to amend the Employment Insurance Act and the Canada Labour Code (extension of benefit period for adoptive parents).

If passed, this bill would amend the Employment Insurance Act and the Canada Labour Code to ensure that an adoptive parent is entitled to the same number of weeks of leave as the biological mother of a newborn child.

Under the current employment insurance program, adoptive parents are given 35 weeks of paid leave and a further 15 weeks of unpaid leave afterwards. Only birth mothers are able to take an additional 15 weeks of maternity leave.

This inequality between birth parents and adoptive parents received national attention in January of 2008, when the Supreme Court of Canada refused to hear an appeal by an adoptive mother from British Columbia, Patti Tomasson, who was fighting for the same maternity leave benefits as birth mothers. Ms. Tomasson applied for maternity leave after she adopted her two daughters, Sarah, who is now eight, and Hannah, who is now four.

The Supreme Court was upholding an August 2007 decision by the Federal Court of Appeal that ruled Ms. Tomasson did not qualify for maternity benefits because she did not undergo the psychological experience of pregnancy and childbirth. Unfortunately, the Supreme Court of Canada was upholding antiquated laws, laws that need to be reviewed and revised in order to be fair to both birth and adoptive parents.

Adoptive parents like Ms.Tomasson need the extra leave to bond with their children. Recent studies of adoptive parents have shown that many would have liked to have the extra 15 weeks in order to help them better support their children.

As another parent, Heather Rowe, said:

The emotional time is as important as the physical," she says. "In fact, mothers who haven't given birth maybe need more time to envelop the child. As soon as you find out you've been approved you fall in love, but because you don't have the physical presence of the baby inside you, you don't start the physical bonding until you are actually holding the baby.

In fact, adoption professionals and researchers around the world identify a few of the issues as: post-adoption depression for the adoptive parents as a result of the adoption process; attachment and bonding from parent to child and child to parent; health issues or developmental issues; large barriers and cultural adjustment, as well as onerous adoption processes; and in the case of international adoption, issues of trauma, abuse, neglect or multiple foster care placements which make it difficult for the parents to build an immediate trust relationship with the child.

The bill introduced by the member for Burnaby—New Westminster would take these challenges into account by installing parity between adoptive and biological parents in this regard. The Adoption Council of Canada, a federally incorporated, charitable body, calls for the same measures to be taken.

Another worthy initiative that my caucus has put forward is Bill C-397, An Act to amend the Citizenship Act (persons born abroad). As of April 17, the date Bill C-37, An Act to amend the Citizenship Act from the 39th Parliament came into effect, the children and grandchildren of Canadian expatriate and adoptive families have had their citizenship downgraded, or worse, stripped away.

Families who were recently able to pass on their Canadian citizenship for their born-abroad children have had such rights stripped away. Changes in citizenship and immigration law that were meant to restore citizenship to lost Canadians have instead created a new generation of lost Canadians.

The bill introduced by my caucus member for Trinity—Spadina would restore equality among all Canadians no matter where they were born and ensure the citizenship status of children and grandchildren of expatriated Canadians and adoptive families is not downgraded or outright stripped away. It would also treat citizenship in a manner that reflects and promotes Canada's economic, social, intellectual and humanitarian engagement with the world, and these initiatives are just a start.

I thank the hon. member for Essex for initiating this important conversation once again. I hope that in doing so, others begin to recognize the importance of updating our current laws to make life fairer for adoptive parents and their families.

Motions in AmendmentBudget Implementation Act, 2008Government Orders

May 30th, 2008 / 10:05 a.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

moved:

Motion No. 1

That Bill C-50 be amended by deleting Clause 116.

Motion No. 2

That Bill C-50 be amended by deleting Clause 117.

Motion No. 3

That Bill C-50 be amended by deleting Clause 118.

Motion No. 4

That Bill C-50 be amended by deleting Clause 119.

Motion No. 5

That Bill C-50 be amended by deleting Clause 120.

He said—Mr. Speaker, thank you for giving me the opportunity to speak to the bill before us and the amendments I made to that bill.

First of all, I must apologize if my voice is a bit hoarse today. I am so shocked at the provisions in part 6 of Bill C-50 that I can hardly speak, which explains why I am having some trouble today.

But seriously, since this is a serious matter, part 6 of this budget implementation bill deals with immigration and will cause a major change in Canada's immigration system. We condemn the fact that this part has been included in a budget implementation bill when its clauses have nothing to do with financial considerations.

This is just a government trick to limit the debate on this major reform of immigration by burying these changes in a sort of omnibus bill that pertains to a number of completely different subjects. From a parliamentary point of view, we could see the absurdity of this manoeuvre by the government and how the work had to be done in committee. Since Bill C-50 is a budget implementation bill, obviously the Standing Committee on Finance was analyzing its content. But that committee did not have the necessary expertise, knowledge or time to study the immigration clauses.

We received a letter asking the Standing Committee on Citizenship and Immigration to study that part of the bill. We hastily looked at part 6 of the bill, but in the end, we had only a week to hear witnesses and make recommendations. We then had to forward everything to the Standing Committee on Finance, which did not take our recommendations into account because the Liberals abstained once again.

This shows that there was no debate across Quebec and Canada. When the witnesses appeared before the Standing Committee on Citizenship and Immigration, what we heard most commonly and systematically was criticism of making such a major reform without taking the time to properly debate or look at the consequences this could have on the immigration system and on Canada's image abroad.

The committee concluded that part 6, the entire part on immigration, should be removed from the bill. That is the focus of the amendments I am proposing this morning in this House. It is the recommendation of the Standing Committee on Citizenship and Immigration. I hope that all the parties will agree with this recommendation, especially since the committee stated in its report that it was available to sit down with the government and the minister to examine the issue and work with them to develop a real document. A consensus might even be found if we took the time to work together.

The committee did this with Bill C-37, An Act to amend the Citizenship Act, which had to do with Canadians who had lost their Canadian citizenship. There were talks and debates. Everyone worked together, a unanimous report was written, and then came the bill. It was passed very quickly in Parliament and everything went smoothly. I do not see why we could not do the same thing for such an important immigration reform. Obviously, the short term solution is to remove this part of the bill. The proposed measures will be detrimental to our system.

Basically, the bill provides that the minister may decide of his or her own accord and with the consent of cabinet, to change the order in which immigration applications are processed. The minister may even decide which categories of applications will be processed and which will not. Currently, although there are a number of priorities, the general principle—which is about to disappear—is first come, first served.

Under our existing immigration system, those who apply can be sure that their applications will be processed eventually. Valid applications will be accepted. Even though wait times are too long because not enough money is being invested in case processing, the system is predictable. Applicants know that they will eventually get an answer. Under the new system, people will submit applications that may never be processed though they wait their entire lives.

Naturally, that is unacceptable. The minister says that the new system was created to prioritize certain categories of workers in fields in which Canada has trouble finding workers.

On the one hand, the current points system for applications takes into account post-secondary study, master's degrees, and doctorates—which are all worth extra points—but does not put enough emphasis on the technical skills and trades where more workers are needed now. Even though the department processes these cases, people can be no more certain than before that they will be accepted.

On the other hand, there are already so many priorities in the system that nothing will really be a priority after this. I have compiled a little list, which I would like to share with you. With respect to vertical priorities, we have inadmissibility, application of the law, refugees, visitors, students, work visas, spouses, children, and the provincial nominee program. Now we are going to have another priority. Clearly, this system is not working. When everything is a priority, nothing is a priority in the end. We need something much better than this to fix the system.

Another provision in this bill is extremely problematic and involves people applying for permanent resident status on humanitarian grounds. Under the current legislation, the department absolutely must review those applications and if the person is eligible, he or she can obtain that status. If they are not eligible, they will be refused, obviously.

The bill is intended to change the word “shall” to “may”. In other words, the department “may”, if it feels like it, if it is interested, review an application on humanitarian grounds. It is hard to understand how a right could become conditional on the will of the department. A right is a right and if, under the law, one is eligible for such an application on humanitarian grounds, one should have the right to have one's file reviewed.

If not, if the right is subject to the arbitrary decision of immigration officers, then it is not really a right. What is more, a permanent resident application on humanitarian grounds is often used by a refugee status claimant whose case has been dismissed with no chance of appeal before the refugee appeal division—since neither the Liberal nor the Conservative governments have ever implemented it.

The Bloc Québécois has introduced a bill to that effect in order to correct the situation. The bill is currently before the Senate. We hope the Conservatives will stop obstructing it. They always complain about the Liberal senators obstructing work in the Senate; now they are doing it.

Nonetheless, I hope this bill will pass quickly in order to correct this shortcoming. In the meantime, people have been using this process to protect their lives, to be welcomed into Canada on humanitarian grounds, but the government is in the process of closing another door in their faces.

In closing, I hope at least that the parties who supported the report in committee will be logical and consistent and vote in favour of these amendments. Obviously I am counting on the support of the NDP, but more specifically of the Liberals who have been utterly inconsistent on this. They supported withdrawing this reform in the Standing Committee on Citizenship and Immigration, but in the Standing Committee on Finance, they kept mum on the matter.

I hope they will have the courage to stand up and vote in this House.

Royal AssentGovernment Orders

April 17th, 2008 / 3:55 p.m.


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The Deputy Speaker Bill Blaikie

Order, please. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

April 17, 2008

Mr. Speaker:

I have the honour to inform you that the Hon. Marshall Rothstein, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 17th day of April, 2008 at 3:01 p.m.

Yours sincerely,

Sheila-Marie Cook

Secretary to the Governor General and Herald Chancellor

The schedule indicates the bills assented to are Bill S-203, An Act to amend the Criminal Code (cruelty to animals)--Chapter No. 12; Bill C-298, An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999--Chapter No. 13; Bill C-37, An Act to amend the Citizenship Act--Chapter No. 14; and Bill C-40, An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act--Chapter No. 15.

Citizenship ActGovernment Orders

February 15th, 2008 / 10:05 a.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeSecretary of State and Chief Government Whip

Mr. Speaker, there have been consultations among all parties and I think you would find unanimous consent for the following motion. I would like to thank all parties for the negotiations that took place that would allow this. I move:

That, notwithstanding any Standing Order or usual practices of this House, Bill C-37, An Act to amend the Citizenship Act, be deemed concurred in at report stage and deemed read a third time and passed.

(Bill C-37: On the Order: Government Orders:)

February 14, 2008--Consideration at report stage of Bill C-37, An Act to amend the Citizenship Act, as reported by the Standing Committee on Citizenship and Immigration with amendments--Minister of Citizenship and Immigration.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

February 14th, 2008 / 10:05 a.m.


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Conservative

Norman Doyle Conservative St. John's East, NL

Mr. Speaker, I have the honour to present, in both official languages, the fourth and fifth reports of the Standing Committee on Citizenship and Immigration.

The fourth report deals with Bill C-37, An Act to amend the Citizenship Act, including amendments.

The fifth report deals with the future House consideration of Bill C-37, An Act to amend the Citizenship Act.

I want to commend all members of our committee for their cooperation in putting this bill through committee with very minor amendments.

Citizenship ActGovernment Orders

February 7th, 2008 / 3:15 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, there have been consultations and I believe you would find the unanimous consent of the House for the following motion.

I move:

That, notwithstanding any standing order or usual practices of this House, Bill C-37, An Act to amend the Citizenship Act, shall be deemed to have been read a second time and referred to the Standing Committee on Citizenship and Immigration.

(Bill C-37. On the Order: Government Orders:)

December 10, 2007--Second reading and reference to the Standing Committee on Citizenship and Immigration of Bill C-37, An Act to amend the Citizenship Act--the Minister of Citizenship and Immigration.