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.

[Devinder Shory, Conservative, Calgary Northeast, AB]

You may want to comment on what you are hearing from local constituents, stakeholders, and the Canadian public on Bill C-24 during your Canadian tour.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Thank you, Mr. Chair.

Let me go back to talking about the provisions in Bill C-24 that strengthen and protect Canada's values. I had a private member's bill, as everyone knows, that dealt with protecting Canadian interests and promoting integration. These two provisions would fast-track citizenship to those who serve in the Canadian Armed Forces and would strip citizenship from those convicted of terrorism and treason. I know, Mr. Minister, that these provisions enjoy broad support across a broad spectrum of Canadians and I am very thankful to you for adopting the contents of my bill in Bill C-24.

Would you please share with the committee the reasons behind protecting and promoting the values of Canadian citizenship through these two provisions?

I have a second question. You have been criss-crossing Canada to discuss Bill C-24 with stakeholders and constituents. Could you also tell us what you are hearing from local constituents, stakeholders, and the Canadian public on Bill C-24?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Minister, thank you to you and your department for appearing here today.

I am not surprised by the line of questioning from the NDP, because that is the party that supports the left-wing groups where no one is illegal, but let me talk about something else today.

I want to talk about the provisions in Bill C-24 that strengthen and protect Canadian values.

[Jasbir Sandhu, NDP, Surrey North, BC]

Bill C-24 proposes to change the Citizenship Act to extend the requirement of successfully completion of official language and knowledge requirements to those in the age group of 14 to 18 years. These requirements compromise the rights of the child under the age of 18 by violating the child's right to family reunification under the UN Convention on the Rights of the Child.

What is the rationale behind this change, Mr. Minister?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Minister, if I have understood your answer correctly, the criteria is already set out in the bill, and you have no further obligation to justify your decision whether or not to grant citizenship. I think that harms your intention to strengthen the value of Canadian citizenship. If that citizenship has so much value, I see a problem with a minister being able to grant it to individuals without necessarily having to explain why or under what conditions. A minister is a minister, of course, but they are also a member of a political party. The Conservative government tends to use its bills to give more discretionary powers to its ministers. That opens the door to partisan influences in the granting of Canadian citizenship or to a lack of transparency in ministerial decisions. We think that is a reason for concern.

My next question is about lost Canadians. A few experts have told us that the bill does not go far enough, that lost Canadians have been forgotten and that their situation will not be resolved through this bill. If experts came before our committees and proved that some lost Canadians will not be able to regain their citizenship despite Bill C-24, would you be able to broaden the measures related to lost Canadians in order to ensure that justice is served for everyone?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

I assume that this is what you would want, but Bill C-24 poses a risk when it comes to the intent to reside in Canada. If an individual leaves Canada owing to unforeseen circumstances—if they have to take care of an ailing relative for a certain period of time, if a job often takes them abroad, if they have to accept a job abroad because they are unable to find one here and they receive an offer, and so on—they could be accused of fraud for having made a false statement, since they expressed an intent to reside in Canada. Is that not a possibility, minister?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Pardon me, minister. If I have understood your point of view correctly, you feel that the bill is constitutional. I think that is strange because the Canadian Bar Association expressed some doubts about this legislation's constitutionality. That makes me think about the way Bill C-23 was presented, but regardless, my question is about the intent to reside in Canada, which is covered in Bill C-23.

If someone accepts a contract abroad shortly after becoming a Canadian citizen, could they have their citizenship revoked, yes or no?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Thank you, Mr. Chair.

I want to thank the witnesses for joining us today.

I think it's important to say that the NDP welcomes a number of the changes proposed in Bill C-24. However, since we have very little time, I will focus more on the changes that worry us a bit.

Many people said they thought several measures set out in Bill C-24 were probably unconstitutional, such as the provision on the intent to reside. That is a new measure introduced by the bill, and it may be contrary to section 6 of the charter, which concerns the mobility rights of Canadians. Moreover, the revocation of citizenship could violate section 15. Major associations such as the Canadian Association of Refugee Lawyers and the Canadian Bar Association are raising important questions regarding the bill's constitutionality.

I hope that, following the testimony we will hear during this committee's meetings, the committee or the minister will be willing to make the necessary changes in case of serious doubts about the constitutionality of Bill C-24.

I have a few questions about the intent to reside in Canada, and I would like you to keep your answers brief.

For instance, can an individual who acquires Canadian citizenship and then accepts a contract abroad have their citizenship revoked?

[Costas Menegakis, Conservative, Richmond Hill, ON]

You held up the graphs, Minister.

Can you give us an indication of what the backlog of applications will look like when the changes to Bill C-24 are made and fully implemented?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Minister, the demand for citizenship is up and it's up for a lot of reasons. As we all know, our Conservative government has welcomed over 1.4 million new citizens since 2006. As Canadians we're all proud that there's such a high demand for Canadian citizenship. Our government recognizes that backlogs and processing times however need to be tackled.

Minister, how will the changes in Bill C-24 result in faster citizenship processing?

[Costas Menegakis, Conservative, Richmond Hill, ON]

Thank you, Minister, and thank you to the officials who are here with us today.

We are on day one of starting the study on this very important bill. As you know, Minister, since 2006 Canada has welcomed the highest sustained level of immigration in our country's history. The current Citizenship Act is 37 years old. It certainly needs amendments to reflect the reality today, and to certainly assist us in processing the demand for immigration that this country continues to have, which continues to increase, and that we've been able to sustain since our election as a government in 2006.

Minister, in your opening remarks you stated that Bill C-24 aims to strengthen the value of Canadian citizenship. Could you explain exactly how the bill does this, please?

[Chris Alexander, Conservative, Minister of Citizenship and Immigration]

Mr. Chair and dear colleagues, thank you for the opportunity to speak today about Bill C-24, the Strengthening Canadian Citizenship Act.

As you all know, since 2006 Canada has enjoyed the highest sustained levels of immigration in our history, an average of 257,000 newcomers per year. As a consequence of this achievement, demand for citizenship has increased over that time by 30%. Furthermore, Canada continues to have, and by a widening margin, the highest rate of naturalization in the world. Of eligible permanent residents, 85% become citizens.

Last year CIC received more than 330,000 citizenship applications, the highest volume ever in one year.

So far in 2014 Canada has welcomed more than 75,900 new citizens at 759 ceremonies held across the country in this first quarter of 2014, from school gymnasiums to CIC offices to city halls and hotel conference rooms. This is something of which we can all be very proud. If we compare this to 2013, when we welcomed—it's still a high number—35,320, we're well over twice the rate of last year so far in 2014. So we can say with confidence that we're off to a great start in offering citizenship to those many who want it, and the increasing numbers who qualify for it.

These high numbers demonstrate the system is becoming more efficient. The backlog of citizenship applications is decreasing, helping more people realize their dream of becoming a Canadian sooner.

In the Speech from the Throne, our government committed to strengthening and protecting the integrity of Canadian citizenship by introducing the first comprehensive reforms to the act in over a generation.

The changes in the Strengthening Canadian Citizenship Act mean more newcomers will be able to acquire Canadian citizenship faster. These reforms are taking place after decades of neglect by previous governments.

We are now taking action to deliver better services to Canadians. Our government is restoring the great importance Canadians place in their citizenship and deterring citizens of convenience.

These significant, necessary, and long-overdue reforms fulfill our government's commitment in four specific ways. First, they improve processing efficiency. Second, they reinforce the value of citizenship. Third, they strengthen integrity. Fourth, they protect Canadian interests and honour service.

Let me begin by describing some of the improvements in the act that enhance efficiency. One of the most important changes, as you all know from our debate in the House and from public discussion, is that there will be a streamlined approach to citizenship processing that will offer faster and better service standards for applicants.

The Strengthening Canadian Citizenship Act changes application processing from a three-step to a single-step process, reducing the current duplication of work and wait times.

A common reason for long processing times is incomplete applications. Under the old system, each application received had to be processed, regardless of whether or not all required forms were properly filled out. Now, however, applicants who have delivered complete applications will not wait behind those who failed to do their due diligence. Incomplete applications will be returned and not processed until all documentation is present in one complete package.

Taken together, these and other measures will significantly reduce the backlog and average processing to less than a year by 2015-2016.

We want people to show their connection to Canada by ensuring they have a physical presence here. That is why we're lengthening the residence requirements from three out of four years to four out of six years before applying for citizenship. This will ensure new citizens are better prepared to participate fully in Canadian life.

Citizenship applicants will also be required to file income taxes for four years out of the previous six if required to do so under the Income Tax Act and make the commitment up front that they intend to reside in Canada. Taxpaying Canadians should not be left on the hook for those who have no intention of becoming active members of our communities or living in Canada. We want new citizens to earn their passport and stay to be part of our great Canadian society.

Many immigration lawyers, consultants, and observers of the system to date agree with us. As Raj Sharma said in a CTV program, “immigration fraud is rampant and you did see ghost consultants and unregulated consultants counsel individuals to embellish or exaggerate the time in Canada”. He, as most immigration lawyers know, went on to say, “the Canadian passport is an incredibly valuable commodity and individuals are willing to lie, cheat, and deceive us to obtain that benefit”.

Obviously not every one but a considerable number of cases have had to be investigated. Measures contained in this bill will help us to ensure that this kind of abuse doesn't arise in the future. Because Canadian citizenship is so valuable, many people are prepared to misrepresent facts to make it appear that they qualify.

Several recent RCMP investigations clearly showed that the citizenship program was vulnerable to fraud. Our government is putting an end to this abuse, and we're cracking down on crooked citizenship consultants by designating a body that regulates them.

The current penalty for citizenship fraud, such as misrepresentation, is a maximum fine of $1,000, or one year in prison, or both. This penalty has not increased since 1977. Our government takes this form of fraud very seriously. We won't let crooked consultants or those who misrepresent themselves cheapen our Canadian citizenship. That's why the penalty will rise under the provisions of this bill to $100,000, or five years in prison, or both, in the case of an indictable conviction.

In addition, our government will streamline the revocation process and bar people whose citizenship was revoked because they obtained it fraudulently from reapplying for citizenship for 10 years.

Our message to foreign fraudsters and criminals is clear: Canadian citizenship is not for sale. We will revoke Canadian citizenship from dual citizens who were members of an armed force or an organized armed group engaged in armed conflict against Canada, and deny citizenship to permanent residents involved in the same actions.

Dual citizens and permanent residents convicted of serious offences such as terrorism, high treason, treason or spying will be denied citizenship. These are serious crimes that will not be tolerated in Canada.

Those who betray our country and take up arms against our armed forces will forfeit their right to hold Canadian citizenship. As a result, they won't continue to enjoy the privilege of calling themselves Canadian citizens. We also expect those who hold Canadian citizenship to obey the law. We'll bar individuals charged with or convicted of serious crimes outside Canada or serving a sentence outside Canada from becoming Canadian citizens. As we bar visitors to Canada for these reasons already, this seems like a common sense extension of that principle. The security of Canadians is paramount, and we won't compromise the safety of our country.

Our government will also reward those who have served Canada honourably in the Canadian Armed Forces and have a strong connection to Canada by fast-tracking citizenship for permanent residents serving or individuals on exchange with the Canadian Armed Forces.

We'll extend citizenship to more lost Canadians. In 2009 our government restored citizenship to the majority of lost Canadians, and now we're extending it to first generation children born abroad who were not eligible under the old system.

Our government will also ensure that children born or adopted outside of Canada to serving crown servants or members of the Canadian Armed Forces are not adversely affected by their parents' service and are able to pass on citizenship to any children that they may have or adopt outside Canada.

Overall, our changes to the Citizenship Act will protect the value of citizenship and ensure that new Canadians have a stronger attachment to our country. The changes will safeguard Canadian citizenship against fraud and abuse, and ensure that the process to become a citizen of this great country is faster and more efficient for eligible applicants.

Canadian citizenship continues to be the envy of the world and something all Canadians can be proud of. It is our duty to protect the integrity and strengthen the value of Canadian citizenship. The reforms we're proposing today attack all important issues of integrity. They will deliver better service for Canadians very much in the spirit of older reforms we've undertaken across the board to immigration and citizenship programs over the past eight years.

We will show by so doing that the value of Canadian citizenship continues to rise, continues to draw unprecedented numbers of people to this country as visitors, ultimately as immigrants and permanent residents, and gives them that unique opportunity that no other country affords on this scale to become citizens once they show the knowledge, achieve the language abilities, and prove they can live under our laws in a way that so many new Canadians are proudly able to do.

Mr. Chair, I'm happy to answer any questions committee members may have, and as always, I'm grateful for the opportunity to be here with you.

[The Chair, Conservative, David Tilson]

Good afternoon. This is the Standing Committee on Citizenship and Immigration meeting number 22.

Today we are starting to study Bill C-24, pursuant to Standing Order 108(2). Bill C-24 is an act to amend the Citizenship Act and to make consequential amendments to other acts.

To help us with the start of our study, we have the Honourable Chris Alexander, who is the Minister of Citizenship and Immigration.

We have with us the usual people who help us out with many things: Robert Orr, the assistant deputy minister of operations; Catrina Tapley, the associate assistant deputy minister of strategic and program policy; Nicole Gerard, the director general of the citizenship and multiculturalism branch; and Mory Afshar, a lawyer.

It's good to have you. Thank you and welcome to the committee.

Minister, thank you for coming. You have the usual 10 minutes to make your presentation, and then the committee will have some questions for you. Thank you, sir.

Citizenship and Immigration

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the third petition concerns Bill C-24. Constituents are asking the government to eliminate the portion of the bill that gets rid of the current practice of giving partial credit to time spent living and working in Canada before somebody achieves permanent resident status, to also consider giving full credit to that time, and to consider recognizing up to four years of time spent before achieving permanent resident status.

Bill C-24—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose, at the next sitting, a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the bill.