Bill C-24 (Historical)

Strengthening Canadian Citizenship Act

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under the Income Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.

Strengthening Canadian Citizenship Act

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, it is clear that for Canadians born here, citizenship cannot be stripped from them. For both, they can be stripped. It is not right. If people are Canadian citizens, they are Canadian citizens. They should not have their citizenship stripped from them. It is just not right.

I thank the member for highlighting my personal story. It was a bit too emotional to describe to the House, but yes, it is quite an ordeal to go through the immigration process and to try to be reunited with family members. From what I have heard anecdotally, as a member in this place, I have heard worse stories than what I experienced, as the member just said. I was lucky enough to understand the political system and went to the member for Vancouver East and requested her assistance in that case, and she did an excellent job.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I am grateful to have the opportunity to add my voice to support Bill C-24, which would help prevent fraud and protect the citizenship program from abuse. Our Conservative government will not turn a blind eye to citizenship fraud and those who cheapen the value of Canadian citizenship.

Because Canadian citizenship is so valuable, many people are prepared to misrepresent facts to make it appear that they qualify. For example, they may pretend to live in Canada when they are really living abroad, often with the help of crooked citizenship consultants, those who would take money to help permanent residents circumvent the law and gain citizenship by fraudulent means.

As of October 2013, the RCMP had conducted investigations involving more than 3,000 citizens and more than 5,000 permanent residents. The majority of the investigations were related to residence. There are also reports that nearly 2,000 people linked to these investigations have withdrawn their citizenship applications.

Even the small number of crooked consultants who facilitate this type of fraud represents a substantial problem, as this undermines the program's integrity and the value of our citizenship. That is why this legislation would help combat fraud and protect the citizenship program from further abuse.

These measures include permitting only authorized representatives to represent individuals in citizenship matters, increasing penalties for fraud, refusing applicants because of misrepresentation at any point in the citizenship process, and barring them from reapplying for five years. This bill proposes to do this through several amendments to the Citizenship Act.

The current Citizenship Act does not include any means to regulate citizenship consultants. New provisions under Bill C-24 would allow the minister to designate a professional body authorized to represent individuals in citizenship matters. This means that the government could monitor and collect information concerning citizenship consultants, require applicants to declare the use of a consultant, and return applications from people using consultants who are not registered.

These changes would be in line with amendments introduced in 2010 to the Immigration and Refugee Protection Act, or the IRPA, to crack down on crooked immigration consultants.

I see that my time is wrapping up. I would just like mention one last item, if I might.

The current penalty for citizenship fraud is a mere $1,000 maximum fine or a one-year prison term; it would move to $100,000 or five years in prison. This is extremely appropriate in this matter.

[The Speaker, Andrew Scheer]

It being 12:15 a.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

[Some hon. members]

Agreed.

No.

[The Speaker, Andrew Scheer]

All those in favour of the amendment will please say yea.

[Some hon. members]

Yea.

[The Speaker, Andrew Scheer]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Andrew Scheer]

In my opinion the nays have it.

Pursuant to an order made on Tuesday, May 27, 2014, the division stands deferred until Thursday May 29, 2014, at the expiry of the time provided for oral questions.

The hon. Minister of State for Western Economic Diversification is rising on a point of order.

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Mr. Speaker, I am wondering whether, if you sought it, you would find the unanimous consent of the House to see the clock at 12:30 a.m.

[The Speaker, Andrew Scheer]

Is that agreed?

[Some hon. members]

Agreed.

The House resumed from May 28 consideration of the motion that Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, be read the second time and referred to a committee, and of the amendment.

[The Speaker, Andrew Scheer]

Pursuant to an order made Tuesday, May 27, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at second reading of Bill C-24.

(The House divided on the amendment, which was negatived on the following division:)

Vote #157