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 / 12:50 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

Madam Speaker, I appreciate many of the member's comments on this bill. I think he will find a great deal of support and sympathy, not only for him but also for many individuals who are trying to be reunited with families.

He made reference to parents. One of the biggest frustrations that I and many of my colleagues have is the family reunification program to sponsor a spouse. That is another issue that we really do need to try to invest more in. We need to speed up that process. I believe the government is listening, and hopefully we will see more tangible actions on the issue of dealing with processing times.

In keeping with that, one of the things we need to recognize is that the bill would reduce the amount of time it takes to acquire citizenship. It was interesting that one question asked by a Conservative was about residency in four out of six years. What is not taken into account is the processing time for citizenship. That processing time grew under the Conservatives to over two years and to over six years in many of those cases.

We need to take a multi-faceted look at trying to deliver better service to those who want to get Canadian citizenship. Would the member not agree?

Citizenship ActGovernment Orders

March 10th, 2016 / 12:50 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I thank my colleague opposite for his comments, and I totally agree with him that we do need to remove these unnecessary barriers to citizenship, whether they are in the form of delays or in the form of onerous fees. To bring in a new family costs literally thousands of dollars. I believe this is unnecessary and onerous, so any common sense action that the government can take should be taken.

Another of my colleagues talked about students who come to Canada on student visas and want to stay here in Canada. We should make that path to citizenship easier for them. I believe that Bill C-6 would do that, which is why I am happy to speak in favour of the bill.

However, I still think there are more actions that should and can be taken.

Citizenship ActGovernment Orders

March 10th, 2016 / 12:50 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I want to congratulate the hon. member on his speech. He spoke with sincerity.

During the election campaign I too heard about Bill C-24. Obviously I was hearing different things. Members of my riding were supportive of the revocation of citizenship for acts of terrorism, treason, or espionage.

While I will congratulate the Liberals and the NDP on one thing, which is changing the narrative on the bill and making it seem to be more than it was, I was interested in the member's comments with respect to not supporting the revocation on the basis of treason, espionage, or terrorism.

Bill C-6, as it currently stands, does allow for the revocation of citizenship that has been gained through fraud. Could I ask the member why it is any less important to revoke citizenship for treason, terrorism, and espionage than it is for fraud?

Citizenship ActGovernment Orders

March 10th, 2016 / 12:50 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, the clear difference is that this fraud we are talking about happens before the person becomes a citizen. They obtained their citizenship fraudulently. In the other case, a person is a legitimate, legal citizen of Canada, but as a result of their illegal actions, they would now be threatened with having their citizenship revoked. I think those are two very different things.

I would add, as my colleague previously noted, that we should ensure that any move to strip someone of citizenship, be it for fraud or whatever, should be done through the courts, so that they have proper representation and proper access to those things. It should not be done at the whim of a minister.

Citizenship ActGovernment Orders

March 10th, 2016 / 12:55 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, I will be sharing my time today with the hon. member for Surrey Centre. It is a pleasure to be able to speak in support of Bill C-6, An Act to amend the Citizenship Act .

As the member of Parliament from a riding where immigration is the number one concern for many of my constituents, I am proud to support this bill. During my 11-week campaign and the two years leading up to it, I heard time and again of the issues that people were facing concerning bringing their loved ones to Canada, or their struggles in gaining citizenship while they were completing their residency requirements.

Since the good people of Brampton East sent me to this chamber, my constituency office has received over 400 cases, and 99% of them deal with immigration. They are families who have waited seven years to be reunited. There are thousands who have waited 18 months since they were married to begin their life together. There are genuine visitor visa cases that are being denied time and again. There are also PR holders who have filled out the application, met the residency requirements, and suffered under the unnecessary changes to the Citizenship Act made by the previous government.

I am the proud son of immigrants. My family's story is similar to that of many families across this great nation. My parents immigrated to Canada in the late 1970s in search of social and economic opportunities. They worked hard. My dad was a taxi cab driver, and my mom lifted boxes in a factory. My parents realized that in Canada anything was possible with a bit of hope and a lot of hard work. At the core of their story is the day that they became Canadian citizens. It was not just a document to them. For my parents, it was security and a sense of pride that they were finally part of the Canadian family. At the ceremony, they proudly sang O Canada, and called their relatives for a party to celebrate the occasion.

Time and again, my father tells me that I won the lottery by being born in Canada, that I am a Canadian citizen by birthright, and that being a Canadian citizen is the envy of the world. I could not agree with him more. When asked on the campaign trail how I enjoyed the process, I responded that I am living the Canadian dream.

Brampton East is the second-most diverse riding in the entire country. The strength of our country has always been our diversity and building upon one another's experiences. Yet, at the same time, no matter where we come from or what we believe, we are all united by our Canadian values.

A few weeks ago, I had the honour and privilege of welcoming our new Syrian brothers and sisters at Pearson International Airport. I had the opportunity to chat with some of them, and the hope and joy in their voices was priceless. They knew how special it was to come to Canada as permanent residents. One parent spoke about how her children would now have the opportunity to live out their dreams. One day, a young Syrian refugee will study hard, become a professional, gain citizenship, and become a member of Parliament and sit in this very House. His or her life story will be a story of the Canadian dream.

Day in and day out, my team in Brampton East helps our constituents understand the immigration process, helps them determine their eligibility, and supports them through any challenges they face. Gaining citizenship is a cherished goal for many of my constituents, as well as the associated objectives such as family unification, which our government is also improving upon.

When the previous government announced the changes to the Citizenship Act, it redefined the narratives of citizenship and what it meant to be a Canadian. As a result, it pitted Canadians against one another in the ugliest of ways in order to serve political purposes. This greatly affected the citizens of my riding, many of whom are first generation and second generation Canadians. Their families moved here with the hopes and dreams of building a secure and prosperous life in Canada and providing the best foundation for their children to contribute to Canadian society.

Bill C-24, introduced by the previous government, tore into these hopes and dreams, as well as the hard work my constituents had put into building successful lives for their families. It created a fear and discomfort that is not the norm for Canadian society, and it certainly should not be.

Former citizenship and immigration minister Chris Alexander defended this bill by arguing that citizenship is a privilege, not a right. Simply put, he is wrong. It may come with responsibilities, but citizenship is a right. Once legitimately acquired by birth or naturalization, it cannot be taken away.

Bill C-24 gave the government the kind of sweeping power that is common in dictatorships, not in a democracy built upon the rule of law where all citizens are equal. The previous government used national security as a justification for the bill, but Bill C-24 could easily have been used against Canadians who were innocent under the laws. That was the danger in the lack of clarity and overreaching scope of that bill. That is the slippery slope that we must avoid at all costs.

Under that bill, the only Canadians who could not lose their citizenship arbitrarily were those born in Canada who did not have another nationality. The double standard and inequality that the law inflicted was immediately obvious to most Canadians. Revoking citizenship is one of the most serious consequences that a society may impose and should remain an exceptional process. It should be conducted with the highest degree of procedural fairness, as rightly noted by the Canadian Bar Association and the British Columbia Civil Liberties Association. We must trust our justice system to ensure that all criminals of Canadian nationality face the consequences of their actions, but that should not come at the expenses of their civil liberties.

I cannot say strongly enough how proud I am of the government for introducing Bill C-6, which aims to right the wrongs of Bill C-24 committed against dual citizens, potential dual citizens, and those looking to become citizens. Canada is, and always has been, and always will be, a country that opens its arms to others, whether it be immigrant families or our new Syrian refugee brothers and sisters. It is also in our nature to support these individuals to become integrated members of our society until they are settled and contributing to their community.

I would now like to focus on the importance of other parts of Bill C-6 that may not get as much attention.

I applaud the government for eliminating unjustified barriers to achieving citizenship. Allowing applicants to receive credit for the time they are legally in Canada before becoming permanent residents is a huge step in the right direction, if we value the talent and work ethic of the people who come to work or study in Canada. I am sure we have all met a bright, young international student with a promising career whom we would like to call Canada home, as we do. This improvement to the immigration system would create economic growth in communities, as we have the best and brightest of the world's population joining our workforce.

Allowing applicants to apply for citizenship one year sooner by reducing the number of days of physical presence has already been very well received in ridings like Brampton East.

Bill C-6 would correct a wrong. I am proud of the government for making this commitment during the campaign and now fulfilling its promise.

We can never forget that a Canadian is a Canadian is a Canadian.

Citizenship ActGovernment Orders

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

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I listened to the member's speech in good faith, but he lost me when he referred to the bill as common in a dictatorship.

I believe that shows lack of respect for this House. I believe it shows lack of respect for a parliamentary democracy. Every single member of this House is duly elected, and every government is duly elected to enact laws that it suggests are right for this country.

I would ask the member what he meant by that. I would also like to give him the opportunity to retract that statement. If we judge it by his standards, his government is a dictatorship as much as the previous one. It is a disgrace that he would say that in this House.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, in the context of the statement that was made, it was the arbitrary notion of Bill C-24 that went to the core of what was wrong with that bill. It could unilaterally take away citizenship from any Canadian who held dual citizenship and was not born in this country. It was arbitrary. It was not fair.

I want to say to the member opposite that it was not a reference to the previous government. I apologize if he may have construed it in a way that I did not mean. I want to focus on the fact that Bill C-24 was arbitrary, not fair, and that it could unequivocally take away citizenship from people who did not deserve to fall under that law.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, the hon. member is obviously very passionate about the topic.

I am pleased to hear the hon. member raise the concern about lack of due process and rule of law. This is something that we stand for proudly in Canada. When I worked overseas in other countries, we tried to encourage them to move in that direction.

I am sad to say, though, that apparently this law still leaves some unilateral powers vested in the minister without a judicial hearing, and perhaps they will revisit that provision.

One thing I would like to raise is that it is one thing to improve the law, and as my colleague previously said, many of my constitutents were also very concerned about Bill C-24 and will be pleased that I am standing here supporting changes in that law.

We are deeply concerned about the delays in bringing on immigration staff to expedite applications for family reunification and so forth. In my jurisdiction, we are now facing, for the second time, having no citizenship judge. We went through this a year ago. We had to wait a year for a citizenship judge, and now we are without one again.

What is the hon. member willing to do to get his party to employ people and get people appointed so that we can move on making people citizens of Canada?

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, I thank my colleague for a well thought-out question.

Like my hon. colleague mentioned, I have had a lot of experience since I have been elected on the topic of immigration. The long processing times for family unification, for PR applications, for citizenship applications, for spousal applications, is something that I hear on a daily basis. The government is correcting a wrong from over ten years.

Constituents in my riding are upset about the processing time, the lack of staff, the lack of citizenship judges in certain areas in the country. It is because there has been 10 years of mismanagement on the immigration file. It will not be corrected within five months. However, the government has a commitment to fix the immigration system so that it is fair, accountable, and transparent, and it works for all Canadians across the nation.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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Liberal

Sonia Sidhu Liberal Brampton South, ON

Madam Speaker, I am very happy to hear about our government's reforms to immigration. I congratulate my colleague from Brampton East on his contribution to this important debate.

As a fellow Brampton MP, I ask the member how these very needed and welcomed changes to immigration will affect Bramptonians.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, as my colleague from the city of Brampton knows, this will really help our citizens and constituents in our ridings. Processing times will be faster. People will be able to become citizens faster so they can contribute to Canadian society in a more meaningful way, and the application time will be reduced significantly.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:05 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Madam Speaker, it is hard to speak after listening to my colleague from Brampton East with his passionate speech, but I will do my very best and attempt to emulate him.

Diversity, inclusion, immigration: these are pillars of this great country and should always inform any debate in this chamber. I am rising today to speak in support of this bill with these fundamentals in mind.

When this House considers a subject as important and as fundamental as citizenship, we should treat these debates with the importance they deserve. Today I am rising to support this bill. My constituents will be thrilled to hear that our government is addressing serious errors that Bill C-24 created, whether they were purposeful or not. I thank the minister for swiftly reversing these errors and addressing these concerns.

One of our nation's many pillars is the successful integration of immigrants into new Canadians. Our country is stronger because of our diversity, and our government encourages all immigrants to take the path to full and permanent membership in this country and Canadian society.

Bill C-6 achieves just that. These changes would provide newcomers to Canada more flexibility to help meet their requirements for citizenship. I know I am not alone in this House when I say that, day in and day out, as members of Parliament, we hear about the unique paths that newcomers have taken to end up here in Canada. A number of these paths have been filled with hardship, challenges, and roadblocks.

As a government, we have a responsibility to ease immigration to our country, especially when it comes to reuniting families with their loved ones. For the past number of years, we have seen processing times for applications balloon. Now, as a result, I hear about constituents in my riding who have waited not months but years for decisions on their applications.

My family's immigration story is similar to that of millions of Canadians from coast to coast to coast. It is a story I share with many of constituents in my riding of Surrey Centre. My father, Mohan Singh Sarai, emigrated here from India in 1959, 57 years ago, and my mother, Amrik Kaur Sarai, emigrated in 1969. They came to this country to participate fully in Canadian society. My brothers are transportation workers, sawmill workers, and truck drivers, and one is a postman, all active in their communities, coaching, volunteering, or working in community kitchens around the great province of British Columbia.

I look around this chamber, and I know that many have similar stories to tell, and that is exactly what makes this place and country so great. The government recognizes that newcomers often begin building an attachment to this country long before they become permanent residents. This includes students who study in our great institutions, such as Simon Fraser University and Kwantlen Polytechnic University in my riding.

They would now receive credit for their time while they study in schools in our great land. This bill proposes allowing applicants to receive credit for the time they were legally in Canada before actually becoming status permanent residents.

Let us be clear about what this legislation would accomplish. This bill removes the unnecessary barriers to becoming full members of Canadian society. Our government has taken action by narrowing the age range of those required to meet language and knowledge requirements, so more newcomers have the chance of being granted Canadian citizenship.

Our government has demonstrated leadership by repealing the intent-to-reside provision of citizenship applications. I know there was a period of time during the previous Parliament when the government of the day conveniently forgot about a pesky little document called the charter. However, our government recognizes that all Canadians are free to move wherever they choose, and this right is guaranteed in our Charter of Rights and Freedoms.

I want to talk about something I find to be deeply troubling. Let us imagine a country where people who were born and raised in this country could have their citizenship taken away. That country does exists, and its name is Canada.

Now this might come as a shock to my colleagues from across the aisle, but I agree with them. I will go slowly here so my colleagues can follow.

When terrorists commit a crime against our country, we should lock them up and let them pay for their crime, because when people commit a crime in this country, we lock them up, we prosecute them, and we sentence them to jail. This is the Canada my parents immigrated to, the place I am proud to call my home, and in this country we have a justice system designed to do exactly that: provide justice to Canadians.

I have had this debate with many during and after the election: citizenship is akin to adoption. When parents adopt a child, they take the child not knowing what he or she will become. Some may become doctors, lawyers, nurses, electricians, or maybe even members of Parliament, but some may also end up becoming criminals. However, the adoptive parents cannot, all of a sudden, tell the biological parents from whom they adopted their children that the kid is now a criminal and they want to return the child, as he or she is not their child anymore. Their child is their child is their child.

The same goes for citizenship. When people come to Canada, we assess their medical histories, perform deep and extensive criminal histories and security assessments, including criminal record checks, histories, backgrounds, and we watch them for at least five years. For the first five years they live in Canada, we monitor them and are able to see their actions. Only after completing that long assessment and a written test, and in some cases an interview with a judge, do we decide that they are worthy of our citizenship. After that point, they are ours, period.

Subsequently, if people get radicalized or become terrorists or criminals of any kind in Canada, they are our problem, not the country from which they came. Why should another country take our criminals? Why? They become a problem in Canada, so why should the countries of their birth or their parents' birth take them back? Their act of terrorism or criminality happened or was conceived on Canada's soil, while being Canadian.

Therefore, we cannot just do a brain drain from countries by taking their best and brightest and then deport those who become rotten apples here in Canada. If this were the case, then we should deport the hundreds of mass murderers, serial rapists, pedophiles, and other criminals who are in Canada, in Canadian jails, back to the countries from which their parents came.

With that in mind, do we wish to have people of Canadian descent, who have migrated and become citizens elsewhere, such as the United States or European countries, be deported back here when they do heinous crimes in their new country of choice? No, they should pay for their crimes there.

Let us recap. Should Bill C-6 become law, it would give more flexibility for newcomers to Canada to apply, more newcomers would become full and permanent residents of this great country, and they would become citizens faster. Finally, it would remove and end a shameful second class of citizenship that should never exist in a country such as ours.

I hope my colleagues in the House will support our government's initiatives because our country is stronger not because we have no diversity but because of it.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:15 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I congratulate the hon. member on his speech. It is always good to hear the personal stories of members who came to this country or whose parents or grandparents came to this country.

It is important to me that our country accept the principles of both diversity and shared values, and that if people step outside of those shared values to a certain extent, then they have chosen to step outside of the Canadian family. Obviously, the government takes a different approach. In fact, the Prime Minister was quoted in The New York Times saying, “There is no core identity, no mainstream in Canada”.

I want to ask if the hon. member agrees with the Prime Minister who said, “There is no core identity, no mainstream in Canada”.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:15 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Madam Speaker, in Canada we have a diverse range of cultures. We have indigenous culture, we have Quebec culture, we have a multicultural culture, so we not are a melting pot of culture, where everything merges into one. We celebrate a diverse range of cultures, and I am proud of living in Canada.

The member opposite from Sherwood Park—Fort Saskatchewan would know that his culture in Alberta is slightly different from those in British Columbia, Quebec, or the Maritimes, but it is the shared values of our Charter of Rights and Freedoms, our Constitution, and our love for this great nation that forms our union. That is the culture we all celebrate.

Citizenship ActGovernment Orders

March 10th, 2016 / 1:20 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like to thank my colleague for his speech.

The NDP is obviously very pleased to be able to help fix mistakes made by the Conservatives with Bill C-24, which attacked fundamental rights and created two classes of Canadians.

I would like to ask my colleague a question about citizenship. Since February 2014, processing fees for citizenship applications increased from $100 per person to $530 per person, which can result in very significant costs. For example, a family that would like to apply for Canadian citizenship could well pay more than $1,500.

I would like to know what the member thinks of this fee increase. Would he consider reducing the fees to what they were two years ago, that is, $100 per person?