An Act to amend the Citizenship Act and to make consequential amendments to another Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

John McCallum  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to, among other things,
(a) remove the grounds for the revocation of Canadian citizenship that relate to national security;
(b) remove the requirement that an applicant intend, if granted citizenship, to continue to reside in Canada;
(c) reduce the number of days during which a person must have been physically present in Canada before applying for citizenship and provide that, in the calculation of the length of physical presence, the number of days during which the person was physically present in Canada before becoming a permanent resident may be taken into account;
(d) limit the requirement to demonstrate knowledge of Canada and of one of its official languages to applicants between the ages of 18 and 54;
(e) authorize the Minister to seize any document that he or she has reasonable grounds to believe was fraudulently or improperly obtained or used or could be fraudulently or improperly used;
(f) change the process for the revocation of Canadian citizenship on the grounds of false representation, fraud or knowingly concealing material circumstances; and
(g) remove the requirement that an applicant be 18 years of age or over for citizenship to be granted under subsection 5(1) of that Act.
It also makes consequential amendments to 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.

Votes

June 13, 2017 Passed Motion respecting Senate amendments to Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act
May 17, 2016 Passed That Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 21, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:50 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, I just want to quickly refute a few of the arguments.

First, it is not two-tiered. For anyone who legitimately receives their citizenship, it cannot be revoked. The second point they made is that there will be still be revocation. There will not still be revocation for an individual who has legitimately achieved their citizenship.

On the common values, as the Conservatives have correctly pointed out, of all the terrorist and other acts they are talking about, most have been done by Canadian citizens. I cannot believe they want to revoke all of those citizenships. As for horrendous crimes, once again, they are saying it is two-tier if the crime is committed in Canada versus somewhere else. They are saying there is a difference in that regard in the bill. There is not a difference. If you do those horrendous crimes in any country, including this one, before you gain your citizenship, you will not be allowed to become a citizen.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:50 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Could the member for Sherwood Park—Fort Saskatchewan please give a very brief answer?

Citizenship ActGovernment Orders

March 10th, 2016 / 1:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it will be at least as brief as the question.

The member said, “Oh, no, in our bill, Canadian citizenship cannot be revoked—unless”. That is exactly the point. We do not believe Canadian citizenship can be revoked unless there is fraud or terrorism involved.

They changed one of the unlesses, but there is still an unless. That is the point. They still do not believe citizenship should be irrevocable; they believe it should be revocable, as it is in every country in the world and as it always has been here.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:55 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. member for Cloverdale—Langley City.

Unfortunately, the member will not have a lot of time to get into his speech, but he will have a few minutes to begin it and he can continue it after question period.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:55 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, I will begin by noting that I will be sharing my time with the member for Saint-Léonard—Saint-Michel.

Madam Speaker, I rise today in support of Bill C-6, an act to amend the Citizenship Act.

During the time leading up to the election on October 19, 2015, I heard many concerns from residents of Cloverdale—Langley City about the changes that the previous government had made to the Citizenship Act, and since this government was elected on October 19, with part of our election platform being to make changes to the Citizenship Act, I have heard from many constituents inquiring as to when these changes will occur.

The bill represents an important reminder of this government's commitment to a diverse and inclusive Canada. It recognizes the contribution that new Canadians make to this great country each and every day.

The proposed changes in Bill C-6 would provide greater flexibility for applicants trying to meet the requirements for citizenship. It would help immigrants obtain citizenship faster and it would repeal provisions of the Citizenship Act that allow citizenship to be revoked from citizens who engage in certain acts against the national interest.

I can tell members that citizenship is an issue of critical importance to my constituents in Cloverdale—Langley City, many of whom are immigrants who have achieved citizenship and are exceedingly proud of their status as Canadians. They are proud of what being a Canadian means for them and their families.

I have heard from recent immigrants about their fears of losing their Canadian citizenship. They saw how the rules of citizenship could be changed by a stroke of the government's pen. Members of diverse communities were horrified, even terrified, that they would be targeted for deportation by their own government.

In May 2015, under the previous government's Strengthening Canadian Citizenship Act, legislative changes were created to allow citizenship to be revoked from dual citizens. The legislative changes allowed citizenship to be taken away for certain acts against the national interest of Canada. Convictions for terrorism, high treason, treason, spying offences, or membership in an organized group engaged in armed conflict with Canada were grounds for revocation. Citizens felt threatened and under attack by these changes.

I also heard from Canadians who have been Canadians for decades but who still hold citizenship from other countries and had passed this dual citizenship on to their children. They too are horrified, even terrified, that not only they but their children could be targeted for deportation by their own government under the rules set by the previous Conservative government.

Bill C-6 would repeal these grounds for deportation. This government believes that the Canadian justice system is fully capable of administering justice, protecting the public interest, and holding individuals accountable for their actions.

However, the value, the strength, and the iconic symbolism of Canadian citizenship would remain intact under Bill C-6. The bill would continue to provide the ability to revoke citizenship when it was wrongfully obtained. False representation, fraud, or knowingly concealing material circumstances remain grounds for revocation.

Madam Speaker, I will continue my speech after question period and will share my time, as I have mentioned.

The House resumed consideration of the motion that Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, be read the second time and referred to a committee.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:10 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

When the House last left the question, the hon. member for Cloverdale—Langley City had six minutes remaining in the time for his remarks, and of course the usual five minutes for questions and comments afterward.

The hon. member for Cloverdale—Langley City.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:10 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, to reiterate, I will be sharing my time with the member for Saint-Léonard—Saint-Michel.

Bill C-6 also contains provisions to repeal the current intent to reside requirement for citizenship. The previous government's legislation required adult applicants to formally declare that they intend to continue to reside in Canada after being granted citizenship. This has created great concern among some new Canadians. They fear that their citizenship could be revoked if they move outside of Canada, regardless of the rationale for moving. In light of today's global economy, we require flexibility in the movement of our citizens around the globe, without the threat of losing the highly desired Canadian citizenship that we all cherish.

This government respects this right to move outside of Canada, which is guaranteed under section 6 of the Canadian Charter of Rights and Freedoms. It is something that all Canadians should be allowed to do without fear or repercussion.

Another proposed change in this bill is the provision to help immigrants achieve citizenship more quickly. Currently, the Citizenship Act requires applicants to be physically present in Canada for four of the six years immediately prior to applying for citizenship. Our government is proposing to reduce this time. Prior to submitting an application for citizenship, an applicant would be required to be physically present for three out of the preceding five years. Essentially, applicants could apply one year sooner than they can now. This would offer more flexibility for immigrants who may need to travel outside of Canada for personal or work reasons.

Furthermore, since the first Citizenship Act of 1947, citizenship applicants have been required to have a reasonable knowledge of English or French and an understanding of the responsibilities and privileges of citizenship. However, the previous government's changes to the Citizenship Act expanded the age range of applicants who must meet the language and knowledge requirements from those aged 18 to 54 to ages 14 to 64. This added an additional 14 years to the age range affected by this language requirement.

Our government is proposing to reinstate the former age requirement, eliminating a potential barrier to citizenship. For younger applicants, learning English or French and having an adequate knowledge of Canada can be achieved through schooling. For those applicants in the older age group, language skills and information about Canada are offered through our wide range of integration and community services. All applicants between the ages of 18 and 54 would still be required to provide evidence of their ability to understand and converse in English or French. Similarly, they would continue to be required to pass a knowledge test about Canada. That requires applicants to have a firm understanding of the responsibilities and privileges of citizenship, with a slightly lesser focus on the War of 1812 than currently exists.

I heard over and over again from immigrants who arrived in the 1970s and 1980s that they do not consider themselves to be hyphenated Canadians. They consider themselves Canadians, as do I. They were horrified and terrified that they could be targeted for deportation by their own government. This government wants that to change. A Canadian is a Canadian and will always be a Canadian under the changes proposed in this bill.

Our government is proposing to make it easier for immigrants to build successful lives in Canada, reunite families, and help strengthen the economic foundation to the benefit of all Canadians. Bill C-6 would credit time spent as a non-permanent resident toward the new three-year physical presence requirement for citizenship, for up to one year. This proposed change would allow any person authorized to be in Canada as a temporary resident or a protected person to count a day spent in Canada as a half day towards meeting the physical presence requirement for citizenship.

Last week, I spoke with an immigrant about the anticipated changes to the Citizenship Act. This woman has been in Canada for four years, two years as a student and two years on a work permit. She is committed to Canada and to becoming Canadian. She was happy to know that some of her time spent in Canada would now count toward her citizenship requirements. As in the case of this woman, the time credit would encourage skilled individuals to come to Canada to study or work, and would benefit groups like protected persons, and parents and grandparents on visitor visas.

I can also confirm that the changes proposed by Bill C-6 will not compromise the security of Canadians. In fact, there are several provisions in this bill that would strengthen the fair application of the right to become a Canadian citizen and provide protection against abuse of the process to do so. For instance, the Citizenship Act currently prohibits a person under a probation order, on parole, or incarcerated from being granted citizenship, or from counting that time toward meeting the physical presence requirements for citizenship.

However, these current prohibitions do not include conditional sentences served in Canada; that is, sentences served in the community with conditions. As a result, an applicant who is sentenced to a conditional sentence order could conceivably be granted citizenship, or could count that time toward meeting the physical presence requirements. The amendments in the bill would change that for both new applications and those still being processed.

Another provision relates to the requirement to maintain the conditions for citizenship until taking the oath, which I might digress, will respect the court's decision on appropriate attire.

Under provisions of the previous government's Strengthening Canadian Citizenship Act, applicants were not permitted to take the oath of citizenship if, in between the time the decision to grant citizenship and the time to take the oath, a period that is typically two to three months, they no longer met the requirements.

Let me make one last case. At present, citizenship officers do not have the authority to seize fraudulent documents. Bill C-6 would change that.

I remind the House that one of the most effective tools for achieving successful integration into Canadian life is by achieving Canadian citizenship. The bill would ensure that any and all who become Canadian citizens are treated equally under the law, whether they are born in Canada, naturalized in Canada, or hold a dual citizenship.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am glad that the member spoke about hyphenated Canadians. I am an immigrant myself, so I will ask a question on behalf of the immigrant communities that I have been speaking to.

The member talked about the language requirement and how his government is reversing what it used to be. He must know that past Liberal governments, between 1977 and 1984, and between 1993 and 2005, had a language requirement for the aged 55 to 64 bracket. I want to ask him why it was okay then but it is not okay today. I am looking for the reasoning on that.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, governments change and times change. We are committed under this bill to ensuring that Canadians are able to get their citizenship as quickly as possible under the rules that we have established.

We have taken off 14 years under the current legislation. We feel it is important to help those citizens go through the requirements, to meet the new requirements, and then to get their citizenship, so we can move away from the idea of a hyphenated Canadian and have everyone become one class of citizen, a Canadian.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciated the member's comments. He articulated a very important issue. The bill does in fact rectify a number of issues that the Conservative government had raised.

The question I would like to ask the member is related to the whole issue of getting one's citizenship. As he has pointed out, it reduces it from four of six years down to three of five years, which is great to see.

There is another aspect that the legislation does not necessarily deal with, but it is an equally important issue. That is the issue of processing times. We saw processing times to get citizenship increase quite dramatically under the Conservatives, from less than a year to over two years. Quite often it would even go to four to five years for someone to get their citizenship. Therefore, under the Conservatives we saw an increase in time for getting citizenship. Someone had to be here for four years, and wait more years to physically get the citizenship because of processing times.

I wonder if the member might want to comment. We have a good bill before us today, worthy of support, but one of the other things we need to do is to look at how we can process citizenship fees in a quicker fashion.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, the minister spoke in the House about the need to improve the processing times. We saw them languish under the previous government. We are committed to helping immigrants attain their citizenship as expeditiously as possible.

The idea of being able to move through the application process will be addressed in some ways through the changes in Bill C-6. There are other administrative changes that our minister has committed to doing. I look forward to seeing those implemented so we can allow immigrants to become Canadian citizens as quickly as possible.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Liberal

Joe Peschisolido Liberal Steveston—Richmond East, BC

Mr. Speaker, I was heartened to hear the member's comments on the balancing act between having folks come in with a knowledge of English and also making sure that those who are older are not prevented from being citizens, or prevented from even attempting to come to Canada. Under the previous Conservative government, my nonno and nonna could not become citizens because they only spoke Italian. I would like to hear the member's comments about how the new legislation would address that issue.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:20 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, the issue of language is something I have heard about from many of my constituents. By reducing the age requirements, we would be able to allow older family members to come and join their families. We know that they can contribute to the functioning of our society, our families, can help with child care and other tasks, and can learn the language through other means. This will allow those family members to be reunited, to support their families in Canada, and to become functioning members of Canadian society.

Citizenship ActGovernment Orders

March 10th, 2016 / 3:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order, please. I would like to inform the room that the five hours of debate is done, and now we will progress. What that means is this.

During the first five hours, we have 20-minute periods for debate, which may be divided up. After that, we have 10-minute periods for debate, with five minutes of questions.

The hon. member for Saint-Léonard—Saint-Michel.