Strengthening Canadian Citizenship Act

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Chris Alexander  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 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.

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-24s:

C-24 (2022) Law Appropriation Act No. 2, 2022-23
C-24 (2021) Law An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
C-24 (2016) Law An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act
C-24 (2011) Law Canada–Panama Economic Growth and Prosperity Act

Votes

June 16, 2014 Passed That the Bill be now read a third time and do pass.
June 10, 2014 Passed That Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2014 Failed That Bill C-24 be amended by deleting Clause 1.
June 9, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
May 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
May 29, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, because it: ( a) does not provide an adequate solution for reducing citizenship application processing times, which have been steadily increasing; ( b) puts significant new powers in the hands of the Minister that will allow this government to politicize the granting of Canadian citizenship; ( c) gives the Minister the power to revoke citizenship, which will deny some Canadians access to a fair trial in Canada and will raise serious questions since Canadian law already includes mechanisms to punish those who engage in unlawful acts; and ( d) includes a declaration of intent to reside provision, which in fact gives officials the power to speculate on the intent of a citizenship applicant and then potentially deny citizenship based on this conjecture.”.
May 28, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:10 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, the member is a parliamentary secretary, and he is on the immigration committee. He has heard, just as I have, time after time and hour after hour, from witnesses who are experts in the community, including lawyers and front-line service agents as well as individuals who came to the committee who said the exact opposite. They said that processing would actually increase, and it would actually make it harder for people to become Canadian citizens.

The first piece is that people would now have to wait longer to qualify. The residency questionnaire that would be a new introduction would also make it more difficult for people to get their citizenship and it would take longer.

We know that the wait time for some people is already almost five years. Some people have been waiting almost five years for their citizenship applications to be processed under the Conservative government with its backlog.

The Canadian Council for Refugees says it would make people wait longer. That would undermine Canada's stated commitment to integrate newcomers into this country. That is what the government is trying to do. It is trying to undermine newcomers to this country in integrating well into our community.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, when it came time to look at the issue of revoking citizenship, if it had not been not for the United Nations policy that a country cannot make an individual stateless, the government would have had the ability to withdraw a person's citizenship, even if it made that person stateless. We need to acknowledge that point.

The member was quite right when she commented at the tail end of her speech. She made reference to two-tier citizenship. That is something we need to be very wary of. Why would the government establish two tiers? I suspect that we will see challenges that will go right to the Supreme Court.

I would like to ask the member if she would like to provide further comment on how the government would establish two-tier membership and how those with dual membership would be treated compared to individuals who had just Canadian citizenship.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, my colleague is correct. A private member's bill a Conservative member brought forward actually did exactly what he suggested, and that was revoke people's citizenship and create a situation of statelessness. When that bill was studied in committee, we realized how poor it was, and the Conservatives decided to kill it. Of course, they changed it from the quality work the committee did. They amended that bill, put it into Bill C-24, and are now creating two tiers of Canadian citizenship.

The answer to his question is that there are people who have only Canadian citizenship, whether it is through birth or naturalization or from renouncing another citizenship they may have had. There are also people who have dual citizenship. What is happening is that people who have dual citizenship are now being discriminated against. Because they have dual citizenship, the minister in Canada has the opportunity to revoke their Canadian citizenship and send them to their home countries, whether they have ever been in those countries or not. They could have been born in Canada, and for whatever reason have access to another citizenship. The Canadian minister can now take away their Canadian citizenship, their country of birth, just because they might have a claim to another citizenship.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:15 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister of Citizenship and Immigration

Mr. Speaker, I thank everyone in the House tonight, and those across Canada who are taking part in this debate. It is important, it is historic, and it will have an impact on generations of new Canadians to come, on lost Canadians, and on those who have not benefited from the privileges of citizenship today unjustly. It means a great deal for all of us who take pride in our Canadian citizenship.

There is a coincidence that this debate should be happening now, because it was 100 years ago this month, on May 22, 1914, when a middle-aged R.B. Bennett, who was the member of Parliament for Calgary at the time, said the following:

If the benefits of our citizenship and participation in our future are, as I think they are, privileges so great that they cannot be measured or expressed...five years is not too long a term.

He went on to say:

...those who come after us bear the standard.... [and] cannot do that unless we do something to acquaint those who deserve to take on our citizenship with its benefits and privileges, and also with its responsibilities and obligations.

R.B. Bennett said that 100 years ago this month. That is how old Canadian citizenship is as a legal concept. I had not realized that it was entrenched in law by the House long before the 1947 Canadian Citizenship Act. This was part of the Naturalization Act of 1914, a historic step forward for our Canadian identity, for our rights as citizens, for our autonomy within a British empire, and for our accession to full nationhood, which of course, in that month of 1914, had not yet been formed in the crucible of World War I, but would be soon after.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:15 p.m.

An hon. member

The Statute of Westminster.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:15 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, members are reminding me about the Statute of Westminster and World War II, and so it went on to 1947 when our first citizenship act was passed. Canadian citizenship builds on a noble tradition.

It draws on the pride of French Canadians, those who settled and stayed in New France, who believed in the virtue of their system of government and the power of their institutions under the reign of Louis XIV.

It draws on the pride of first nations aboriginal peoples in their place on this land, on its lakes, on its rivers, in this physical space; the care they have always taken for these places; and the respect they have always shown for its natural heritage. It builds on centuries of belief that, as Bennett said, with the privileges of citizenship go the responsibilities. These are responsibilities that Canadians exercised in the War of 1812 and responsibilities that they exercised on a grand scale after that debate a hundred years ago, as Europe marched to war and Canada marched with it. It has evolved and changed in every generation. It has kept up with the times. It has been, in many respects, ahead of the times.

I just had the pleasure of meeting with the UN high commissioner for refugees, Antonio Guterres. Everyone has heard that he is here in Canada, travelling across the country, continuing to consider our country an example of the best behaviour in its treatment of asylum seekers and refugees. All of that generosity is based on the firm foundations of citizenship that we have and the foundations of our privileges and responsibilities as members of this society, those with the right to vote, those with the right to sit in this place, those with the right to carry that passport proudly around the world.

We on this side do not take the responsibility of citizenship lightly. We on this side, with the vast majority of Canadians, understand that, from 1977 to today, 37 years is a long time to go without a thorough root and branch reform and modernization of our institution of citizenship. That is why we are here tonight. That is why we have given days of debate to second reading in the House. We have given nights to this debate as well, in committee. That is why we continue to listen with interest to the other side, in the hope that we will hear something new and not just puppets on the other side somehow repeating the hopelessly misguided statements of the Canadian Bar Association or a couple of witnesses who came before committee who really do not understand what citizenship in Canada is today. We have not heard anything really original from the opposition so far. We look forward to hearing that. There is still time. There will be lots of us on this side of the House to listen.

In the meantime, let us remind ourselves what the bill would do. It would make our processing of citizenship more efficient. It would reinforce the value of citizenship. It would strengthen integrity and remove fraud from this program. It would protect and promote Canada's interests and values. For everyone in the House, because we all have constituents in our ridings who are new Canadians, immigrants, and permanent residents, what matters most is processing, in the short term.

Citizenship in our country has never been more popular than it is today. We have one of the highest naturalization rates in the world. It may be the highest in the world. At 86%, it is well beyond what Australia, the United States, the U.K., and other immigration countries have. It has gone up in our government's time in office, as we have raised the bar slightly in terms of knowledge and language requirements for citizenship in Canada, because we think there should be an attachment—

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:20 p.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I rise on a point of order. I have heard the minister say that we have debated this bill for days and days. Could the minister tell us which days? As I recall, this is only for two hours.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:20 p.m.

The Deputy Speaker Joe Comartin

That is obviously not a point of order.

The minister has the floor.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:20 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, we are proud of the fact that, by increasing the value of Canadian citizenship, we have actually enticed more immigrants to this country and enticed more of those immigrants to want to become citizens. Last year there were 333,000 applications to become a Canadian citizen, a record unparalleled in Canadian history.

As a consequence, we have a backlog and it now takes two to three years to process a new application. That is too long. The measures in this bill would streamline decision-making and improve the ability to determine up front what constitutes a complete application; and provide a strengthened authority to abandon applications where applicants do not take the steps requested to provide information and appear before a hearing, where they have not taken on their responsibilities as citizens to get the job done. All of that would make a difference this year if we pass this bill into law, with the low scenario of 150,000-plus people becoming Canadian citizens if we filibustered this out, listened to every member on the other side repeat the same speeches, let them have their way and this debate went on for months; as it did not do in 1914. The debate then, which was in many ways even more historic as it was citizenship for the first time, went on for a day by my reading of the Debates. It was a good debate on all sides of the issue. The opposition members had their points. They were well informed.

If we were to let the opposition have its way, tens of thousands of new immigrants to this country would be denied their citizenship this year, because the measures in this bill would make processing more efficient this year, and it would make the difference between 150,000-plus or many tens of thousands more. That is what Canadians really deserve to know about the implications of this bill.

We have heard members opposite say that we are putting citizenship out of reach, that we are making it harder. We are talking about—

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:25 p.m.

The Deputy Speaker Joe Comartin

Order, please. On a point of order, the member for Scarborough—Rouge River.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:25 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I was waiting for a natural pause in the minister's speech. The minister was a little confused, it seemed, with the actual number of hours in here. I just want to say that it was on February 27—

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:25 p.m.

The Deputy Speaker Joe Comartin

Order, please. I have already ruled that is not a point of order.

The hon. minister has the floor.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:25 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, we are determined to make that processing happen, but we are also determined to continue to reinforce the value of Canadian citizenship to show that it is not just by being interested in Canada, by being domiciled in Canada, or by having visited Canada that one becomes a Canadian citizen.

There has always been a principle of residency in this country behind Canadian citizenship, since 1914 when the length of time in that bill was actually raised to five years. It stayed there for a good long time. It was reduced to three years under the Trudeau government of the 1970s. That was too little. It was not only a much shorter time than Australia, the U.K., the U.S., all of our peers, France, and other European countries have. Many of them have much longer periods, seven or ten years.

It was also a short period of time during which a select few of those who paid the right lawyers or paid the right crooked consultants were able to leave requirements unfulfilled. They pretended they were here for three years when, in fact, they were not. That cheapened Canadian citizenship. That undermined the value of Canadian citizenship. That made us, in some parts of the world, in terms of citizenship, a laughingstock.

It is this government that has done more than any in our history to clean up that abuse, abuse that began in 1977 under a flawed model of citizenship, and we are absolutely convinced that it is the right thing to do to require four out of six years of physical residency in this country, and to be able to check that people are actually here, to be able to avoid all of that paperwork, those banker's boxes of receipts and plane tickets that people used to have to bring with their citizenship applications. We would be able to do it electronically starting next year, and there would not be fraud associated with our residency requirement.

We would also clarify that residence means physical presence. We would ask prospective citizens not just to be physically present but to say up front that they intend to reside in Canada. It sounds reasonable that someone who is physically present in Canada for three, now four, years would actually have the intention of being here.

The opposition seems to think that people end up here by accident, that they do not intend to be here and that we should not ask them what they intend because they are here anyway. They kind of sleepwalk into Canada. That is the perspective of the Canadian Bar Association. That is the perspective of a few on the other side.

Would it curb their mobility rights? Absolutely not. For people who say they intend to reside in Canada and then decide to go somewhere else or marry someone else or accept a job offer somewhere else, their intent to reside in Canada ends. Their physical presence in Canada is curtailed. They would not qualify for Canadian citizenship at that point in their lives. So be it.

Their human rights, their rights under the Canadian charter, their rights as permanent residents would not be affected. They have just changed their plans. Anyone who pretends that this is interference, that this is an unfair burden on new Canadians, has not talked to any new immigrants lately. New immigrants are proud to say that they intend to reside here. They want to become citizens as quickly as possible.

Right now, already, it is not three years on average that people spend here; it is actually four years, on average, that the majority of new Canadians have spent here before they apply to be Canadian citizens. We are actually catching up with reality. It is actually something that Canadians want us to do to ensure that the connection, the integration, and the sense of belonging are strong, the way they should be among citizens who share political institutions, who share the burden of participating in this democracy together.

The third set of measures we have in this bill relates to citizenship fraud, combatting abuse of the citizenship process, among other reforms. I am glad to hear some on the opposition side say they are happy to see a regulatory body set to be designated for citizenship consultants.

There is a much larger of immigration consultants. We made a very successful effort to regulate them, to make sure that they are self-regulating and that the ones who were counselling people and guiding them down the wrong path toward residency fraud and all kinds of abuses would be left out of the game from now on. We made sure that people would get good, honest advice.

We have all heard cases in our constituency offices of people who spent large amounts of money in different parts of the world to supposedly come to Canada, but then the person disappeared or the advice was wrong or the application was only half filled in. We do not want our citizenship to be associated with that kind of advice. Under this measure, we would take another important step toward making sure that we are not.

We would also increase the penalty for committing citizenship fraud. We would streamline the revocation process and bar people whose citizenship was revoked because they obtained it fraudulently from reapplying for citizenship for 10 years. Did members know that? Did they know that those who obtained citizenship fraudulently and who had it revoked by cabinet could then reapply for citizenship? It was not considered a crime.

Criminals are inadmissible to Canada. They would be inadmissible as citizens under this bill, but we were still letting people who had committed citizenship fraud come back and be citizens. That would no longer happen.

We would also revoke Canadian citizenship from dual citizens who are members of an armed force or an organized armed group engaged in armed conflict against Canada. We would deny citizenship to permanent residents involved in the same actions. Dual citizens and permanent residents convicted of terrorism, high treason, treason, or spying offences would be similarly affected, depending on the sentence received.

Some on the other side, and the bar association again, like a bad Greek chorus, have said this would create two classes of citizenship. I mean no offence to the parliamentary secretary; I am talking about an ancient Greek chorus.

It is actually very simple, and everyone on the opposition benches would do well to understand the difference. People are citizens if they do not commit these crimes; if they commit the crimes, they are no longer citizens. That is the difference. There are not two classes of citizenship. We would not have citizens who have other nationalities in circumstances where these very grave acts of disloyalty to Canada are committed.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

But if they only have citizenship in Canada—

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:30 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, I am being heckled by the Liberal Party again. It has been going on all day.

The Liberals used to stand by these kinds of principles. Their Citizenship Act, in 1947, made it possible to strip citizenship from those who committed treason, even if it made them stateless.

That was the Liberal Party when it stood up for Canadian citizenship, when it had been hardened by war, when it had solid people in its front bench, and when it was fiscally responsible. Today the Liberals joke about it, but let us be honest: Louis St. Laurent was quite fiscally responsible. It was a long time ago, before any of them were born.

The fact of the matter is that all of this went by the boards in 1977 when the Trudeau model came forward. Dual citizenship was allowed in Canada, and rightly so. We respect that. However, there was next to no penalty and next to no interest in whether people were loyal in these deep ways to Canada, to her institutions, and to her laws, and there were almost no consequences.

Perhaps unsurprisingly, this was a time when the Liberal Party was somewhere between the superpowers in the Cold War, playing footsie with Moscow and not standing on the kinds of principles that Canadians like to stand on and have stood on for centuries.

This measure is reasonable. We would not create stateless people with this measure. It would not apply to those who have only Canadian citizenship, and anyone who wants it to not apply them can renounce their other citizenship.

If a dual national commits these crimes, they would be far fewer in number than the number of citizenships revoked for fraudulent intention.

This would be the right thing to do. It would send a powerful message. It would be a powerful deterrent telling those inside the country and outside that we are serious not only about the privileges and benefits of citizenship but also about the responsibilities, the accountability, and the example that we expect to be set by those who carry the passport, by those who vote in this country, and by those who are proud to call themselves Canadian citizens, as we have done for 100 years.