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 the Library of 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
C-24 (2010) Law First Nations Certainty of Land Title Act
C-24 (2009) Law Canada-Peru Free Trade Agreement Implementation 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

June 9th, 2014 / 9:45 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, perhaps I will forgo some of the things we do like. I know I have a question or two from the other side. I would just ask the other side if someone is going to stand and explain to us how it is that his or her government feels that it is acceptable to bypass judicial due process in revoking citizenship. I would like someone to explain that to me.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:45 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I rise on a point of order. If you seek it, I believe you would find unanimous consent to allow the member to continue and conclude all of that important speech.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:45 p.m.

The Acting Speaker Barry Devolin

Order, please. Does the hon. member have unanimous consent?

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:45 p.m.

Some hon. members

Agreed.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:45 p.m.

The Acting Speaker Barry Devolin

There does appear to be unanimous consent but not for the position the member is putting forward.

This is not a point of order. If the hon. member is making a legitimate point of order, it will be heard.

I appreciate that it is getting well into the evening, but at this point we will have questions and comments. The hon. parliamentary secretary.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:45 p.m.

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I thank the member for his speech and congratulate him in advance for attending the citizenship ceremony in his riding this Friday. It is an emotional time for a lot of people, and it is certainly rewarding for us to see the bestowing of citizenship on new Canadians. I wish him the very best of luck with that experience on Friday.

Unfortunately, the member's speech was fraught with a lot of inaccuracies, one of which was the fact that the minister will be the ultimate decision-maker. If the member has a good read of the bill, he will see that there is provision in the bill for an appeal to the Federal Court. Of course, the Federal Court is not controlled, managed, or influenced by the minister.

My question for the member opposite, who I happen to have a lot of respect for, is simply this. He mentioned the possibility of someone convicted of an act of homosexuality in another country being able to lose their citizenship in Canada. Does he not realize that the bill speaks to an equivalent crime, something that would be a crime in Canada as well, before he or she would lose his or her citizenship? The example he stated is absolutely false and would not happen.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:50 p.m.

The Acting Speaker Barry Devolin

Order, please. Before I go back to the member for Thunder Bay—Rainy River, I would like to remind all hon. members in this place that the Chair gives the members signals when their time needs to be wrapped up and would appreciate the co-operation of all hon. members, even at this late hour.

The hon. member for Thunder Bay—Rainy River.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:50 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I must apologize for wanting to take a little more time, but there is a lot to say about this bill.

The preface to the member's question was interesting. He is a member I have a lot of respect for. We work together and have had a number of chats. Why would the Conservatives introduce a bill that they know would be challenged? There is a provision to go to the appeal court and so forth. Why even introduce a bill that they know would be challenged in court? One of the things I mentioned is that there is a real possibility that this would be found unconstitutional and would go to higher courts to be appealed. It just does not make any sense.

I used that example in the question my friend had. However, there are situations in other countries where something could be considered aggravated assault but really was not. Perhaps that person was living in a country where he had to defend himself. There are so many instances, it just does not make any sense.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, earlier today in debates we heard the Minister of Citizenship and Immigration say that he did not understand why members of the opposition parties were not prepared to accept the advice of the Department of Justice lawyers and were instead relying on advice from numerous jurists as well as the Canadian Bar Association.

The difficulty I have, as a former practising lawyer and a member of the Canadian Bar Association, is that I have not seen the advice from the Department of Justice. I do not know that the advice from the Department of Justice has not included that which any lawyer, I believe, familiar with the charter, would raise as a concern. The bill violates the Constitution and the Charter of Rights and Freedoms.

Does the member for Thunder Bay—Rainy River think we can press the Minister of Citizenship and Immigration and the Minister of Justice to have presented to this chamber the so-called advice from the Department of Justice?

Over and over, these bills passed by the Conservative majority are being defeated in the Supreme Court of Canada. I want to know what the advice is from the Department of Justice.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:50 p.m.

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, not being transparent in the bill, as with just about every other bill the Conservative government puts forward, is a hallmark, a trademark, of the current government. Even in the situation where the minister grants automatic citizenship, he does not have to provide a list. He does not have to name who these people are. He does not have to provide that kind of information.

There were 29 individuals who spoke on Bill C-24 in committee, and the vast majority, to varying degrees, were opposed to the bill. It has all kinds of problems.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:55 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate the opportunity to join in the debate. I will say a couple of things at the outset.

First, with regard to the question that was just asked, that point is worth underscoring. Traditionally, laws are passed here in good faith. There is a requirement to check to make sure that they are constitutional. If advice is given that they are constitutional, then they proceed. In the rarest of cases, there are occasions when a law is challenged in the courts, all the way to the Supreme Court. It would be big news if the Supreme Court ruled against a piece of government legislation not only because it was a big deal but mostly because it happened rarely.

Now we seem to have a system where the government really does not care about the appropriateness of a bill. I believe this is true. It does not care about whether it is building the right kind of legal infrastructure that a modern democracy like Canada should have. It does its polling, focus groups, decides what the hot button issues are, and how it can turn those into some policies that it can make into laws. If it happens to be unconstitutional, so what, and besides, it will go to the Supreme Court and it will fix it, for anybody in the cabinet who has that kind of a conscientious moment.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:55 p.m.

An hon. member

They are smoking something over here.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:55 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I thought I had the floor, Mr. Speaker, but it seems that maybe somebody else actually has the floor over here, or at least they should heckle louder so I can hear them.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:55 p.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Nobody heckles louder than you.

Strengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 9:55 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

That's true, Mr. Speaker. The government House leader just responded to me and said, “Nobody heckles louder than you”, and he is right. I give him that. It is the first time I have agreed with the government House leader in I cannot remember how many months. However, that is not the point.

The point is that the government sends these things to the Supreme Court. In this case, it is also hoping that it will take longer than the next election cycle so that it does not become a nuisance during any kind of election campaign. What is really interesting and is the great big question here is how the government believes that it can be consistent when it recognizes that the Supreme Court has the right to pass judgment on these laws and yet when it does, oftentimes what we hear from the government and other right wingers is, “We have an activist court again. There are the courts going beyond their mandate, there they are making laws rather than interpreting them.”

We mostly hear that in the U.S., but we hear an echo of it here in the chamber when it suits the government's purposes. It needs to be said that this is another case. There are serious issues, politics aside. I am not a lawyer, but those who are and who have a reputation that they care about when they speak publicly are saying that this has some real constitutional questions. I am underscoring from the get-go that is not unusual with the current government. It really does not care about that part of the process at all. In fact, we know how it feels about any entity that presumes to have more power than it does, or more authority. Look at what happened to the chief justice of the Supreme Court recently because the Prime Minister got into a bit of a snit over a recent decision by the Supreme Court.

For the rest of us in Canada, all we can say is thank God the court is there and thank God that so far it still is the body that Canadians have come to rely on to be their absolute final line of defence in terms of defending their rights in this country. However, make no mistake, if it had the opportunity in any way to change that and bring the Supreme Court under its thumb, where it wants everybody and everything else in Canada to be, it would do it in a blink.

I do not know how much it has been talked about, but the fact that this is retroactive is always worrisome. Also, that is a rarity. It is certainly not the regular course of events where legislation is made retroactive, and yet this one is.

The question mark at least has to be raised, what cases have the Conservatives got in mind that are not currently out there, where individuals may not even know they have a problem, but there is trouble coming. We do not know, and what is more worrisome is that some of the new powers the minister has, he or she does not have to divulge to the public. It is not necessary put in as secrets with CSIS, but the Conservatives certainly are not going out of their way in any way, shape, or form to publicize, be transparent about, and account for the power they are giving themselves.

This is all so very troublesome. Having been around here enough, when we start seeing retroactive, people who thought their legal matters were over and done with should be paying a little extra attention. The feds could be coming when individuals thought they were already through whatever system they were involved in.

I have to say that I am rather shocked, and we say this about every wrong thing the government does, but I really am shocked that there is not a greater outrage. I have heard colleagues talk about how much they enjoy speaking at the citizenship ceremonies, and I do too. They are one of the best events that we could attend, because at that very moment, happening right in front of us, ordinary people of the planet suddenly, in a blink, become Canadian citizens. Anybody who has ever attended knows the magical moment when these individuals go from being non-Canadian to Canadian.

I am sure I am not the only one who says, during all those speeches when we are given a chance to say how proud we are of our new citizens, “welcome to the family of Canadians”. They are in, they have made it, they are Canadians, and unless they have fraudulently made their way there, and there are processes and procedures as there should be to go after people who fraudulently make themselves Canadian citizens, it is fair game.

When we start going beyond that, we say to people, “You are a Canadian, mostly. You have this big bag of rights over here and the charter, but one minor little technicality, a little catch in terms of your citizenship versus my citizenship, and that is, yours can be taken away.”

This is Canada. The rest of that story does not matter. If they have done something absolutely horrible to humanity, we have laws to deal with that just the same as if it were one of us who were born here. That is the whole idea of citizenship: we are equal. We do not stand before a judge and say, “Madam Justice, I have to admit to being a dual citizen, so you have to bring out the other book of rules for Canadians, because I am not in that first tier of Canadians. I am in the second tier, the one where you can take away my citizenship”.

This is so wrong. It is so un-Canadian, and I have not even gotten to all the stuff about what the minister can and cannot do without having to be transparent. I have touched on it, but it is, I cannot think of a better word, ugly. It is ugly in terms of what it does.

I agree with my colleague, there is so much to be said about this, but of course, we will respect the rules. However, I have to say this is wrong. In my opinion it is un-Canadian. That is not what it means to be a Canadian citizen with a string attached, where we can pull the string back whenever we want if we do not like an individual's actions.

No, that is not right. We stand before the court and before our justice system as equals where nothing is supposed to taint the decision, nothing.

Yet in this case, we would have a law where people can be punished by having their citizenship taken away, but it could not be done to someone who was born here. It is wrong, it is un-Canadian, and we can only hope that, since the government will pass this, our precious Supreme Court of Canada does step in and deem that this is outside the Constitution and that this would not become the law, but if it does we will get a new government—