An Act to amend the Citizenship Act (2024)

Sponsor

Marc Miller  Liberal

Status

Second reading (House), as of Dec. 12, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-71.

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,
(a) ensure that citizenship by descent is conferred on all persons who were born outside Canada before the coming into force of this enactment to a parent who was a citizen;
(b) confer citizenship by descent on persons born outside Canada after the first generation, on or after the coming into force of this enactment, to a parent who is a citizen and who had a substantial connection to Canada before the person’s birth;
(c) allow citizenship to be granted under section 5.1 of that Act to all persons born outside Canada who were adopted before the coming into force of this enactment by a parent who was a citizen;
(d) allow citizenship to be granted under section 5.1 of that Act to persons born outside Canada who are adopted on or after the coming into force of this enactment by a parent who is a citizen and who had a substantial connection to Canada before the person’s adoption;
(e) restore citizenship to persons who lost their citizenship because they did not make an application to retain it under the former section 8 of that Act or because they made an application under that section that was not approved; and
(f) allow certain persons who become citizens as a result of the coming into force of this enactment to access a simplified process to renounce their citizenship.

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.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, the previous member who spoke, the member for London West, made a point, so I want to make a point to the parliamentary secretary. I want to just congratulate him on the multi-meeting filibuster he conducted on the draft report on Afghanistan. He was able to make it last from May well into September, and it ended only yesterday. He did quite the job on it. It is unusual to have a draft report debated in public. I invite members of the public to go watch that particular filibuster.

The member mentioned the court ruling, so I want to draw his attention to paragraph 265 of the judge's ruling. In it, she said that of the errors in processing in the sample size she looked at, 50% were the fault of the department. The department was unable to provide accurate information. In one case, the department sent the proof of citizenship document with the wrong date on it. In another case, it sent the wrong document. It had the wrong person's name, and it was not even the name of another family member.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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An hon. member

Oh, oh!

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I hear the member for Waterloo heckling me, as she did yesterday.

I had asked the minister a question earlier in the debate, and I am going to ask the parliamentary secretary: How many persons who are abroad currently would be eligible for the provisions in Bill C-71?

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Liberal

Paul Chiang Liberal Markham—Unionville, ON

Madam Speaker, I am glad to be here to speak to Bill C-71. We have worked on this issue at many meetings of the Standing Committee on Citizenship and Immigration. I hope we can move the agenda forward and get the legislation passed so we can bring lost Canadians home.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Madam Speaker, I thank the member for speaking to this very important issue and the real impacts on Canadians and those who are denied their citizenship as a result of the outdated rules that were put into place by the Harper government.

I have an interesting point. I was given a response by the leader of the Conservative Party to a family that was asking about his stance on this exact legislation. His response, which I find is interesting, was this: “Conservatives will help preserve what it means to be a citizen of this country and fundamentally what it means to be Canadian. Please be assured that they will continue to support and advocate for this legislation to reach its third reading in the House of Commons.”

We know this is blatantly false. We know that the bill has been stalled, basically, eight times since last October by the Conservatives to prevent it from reaching third reading. Can the member please speak to why he believes the leader of the Conservative Party is misleading families that deserve to have their basic human rights met?

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Liberal

Paul Chiang Liberal Markham—Unionville, ON

Madam Speaker, I am very happy to stand here to say that we, as the government, would love to work with the Bloc and the NDP to pass the legislation. I understand that the Conservatives are filibustering everything and trying to change everything around. I am very committed to getting Bill C-71 passed because it affects constituents in my riding. They are also lost Canadians, and they are waiting for the bill to pass so that we can make everyone a Canadian.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Some hon. members

Oh, oh!

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I remind the hon. member for Thornhill and the hon. member for Waterloo that someone was speaking and we should respect that right.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:40 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I would like to ask my colleague a question about children born abroad and adopted, whose parent passed away, and who were denied citizenship.

Why do the Conservatives think that these children, who have already gone through the pain of losing a parent and being born into difficult conditions, should be excluded from the citizenship process?

Citizenship ActGovernment Orders

September 17th, 2024 / 5:45 p.m.


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Liberal

Paul Chiang Liberal Markham—Unionville, ON

Madam Speaker, we as a government want to pass the proposed legislation so we can bring all Canadians here, all the lost Canadians, so we can make them Canadian citizens. I am so happy to work with the members from the Bloc and from the NDP, and we are hoping to make Bill C-71 legislation.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:45 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, it is my pleasure to rise today in the House, the day after by-elections in two provinces in Canada. There are some commonalities in these two outcomes. In both ridings, the Conservative vote went up by 50% from the last general election. In addition, as in the election in June, when a Conservative was elected in Toronto—St. Paul's, another safe Liberal riding turned out to be not so safe at the end of the day. Something has to happen for people to start listening to what Canadians are thinking. For those across the aisle who are still pretending there is not a problem, that Canadians do not see a problem in the way the country is being run, I ask them to start paying attention and change their direction.

Canadians see clearly how badly government is being run and how they are being marginalized and divided; they are demanding change as soon as possible. One indication of the pure government incompetence is the way the Liberals have managed immigration. One year ago, I was directed to serve on the House of Commons Standing Committee on Citizenship and Immigration. It is not a strength I had before, but my office in Calgary Centre has an immigration caseload that is quite large.

Let me take a moment here to thank my staff in Calgary, Shaney Pap and Laura Wlodarczyk, because they do a fantastic job for Canadians, new Canadians, visitors and families that are navigating the maze of Canada's immigration process. It is a complex enough program, and it has been grossly mismanaged over the past four years.

How do we deal with a backlog of 2.6 million files? We should expedite 1.2 million files per year for two years in a system that previously managed about 320,000 files per year. They increased the workforce by 50%, from 9,200 employees in 2020 to 13,685 in 2023. It was a big increase in government, but corners were cut; we see the consequences of that with the recent arrests that are happening in Canada.

Why is the legislation before us? In December 2023, Ontario's Superior Court declared the first-generation cut-off rule in the Citizenship Act unconstitutional. That ruling was a damning indictment of the Liberal-run citizenship department. The court found a staggering 50% error rate in the processing of citizenship applications. This means that half of all applicants were mishandled, leading to abnormally long processing times and widespread malpractice. Such a high error rate is unacceptable and speaks volumes about incompetence and mismanagement in the current administration. That is the rationale for finding the previous law unconstitutional.

I might suggest that fixing the problem would make the whole issue less unconstitutional, but Bill C-71 proposes to grant citizenship to individuals born abroad with at least one Canadian parent having spent 1,095 days in Canada, the equivalent of three years. At the same time, it fails to require these days to be consecutive and lacks provisions for criminal record checks. This approach is deeply flawed and undermines the very essence of what it means to be a Canadian citizen.

Citizenship is not just a legal status. It is a commitment to our values, our laws and our way of life. By lowering the standards for obtaining citizenship, the NDP-Liberals are devaluing this precious status and putting our national security at risk. The world looks at a Canadian passport as being a very important document.

I forgot to mention at the beginning of my speech that I am splitting my time with the member of Parliament for Thornhill.

Let us compare Canada's rules with rules around the world. The requirement is three years in Canada, according to the proposed bill, and five years in most other democracies. This would be five years of real connection, not just 1,095 days sporadically spread out over a quarter century of a person's life. Bill C-71 would remove the 2009 limit that only allows citizenship for the first generation born abroad.

Under the bill, children born abroad to a Canadian parent, even if the parent was also born abroad, can gain citizenship as long as the parent meets a weak substantial connection test. The parent only needs to show 1,095 cumulative days of physical presence in Canada at any point in their life. Since the days do not need to be consecutive, people from multiple generations living abroad, with limited and sporadic ties to Canada, can still claim citizenship for their children. This weakens the substantial connection requirement and risks creating a class of citizens with minimal ties to this country.

Moreover, the government has not provided any analysis of how many new Canadians will be created by Bill C-71. Despite the potential for tens of thousands of new applicants, especially with the removal of the first-generation limit, the Liberals have failed to disclose how many people will gain citizenship through the legislation. This lack of transparency, a common thread, is concerning and prevents us from fully understanding the impact of the proposed bill. Bill C-71 would add thousands of new applications to an already overburdened system.

Immigration, Refugees and Citizenship Canada is already struggling with delays and errors in processing citizenship applications. Adding a significant volume of new applications from abroad would overwhelm the department, exacerbating the existing backlogs. This would lead to an even longer processing time and further erode trust in our citizenship process. The bill does not require individuals granted citizenship to undergo criminal background checks. This poses a potential security risk and undermines Canada's standards of who can become a citizen. Ensuring that new citizens are of good character and pose no threat to our society is a common-sense measure that should not be overlooked.

We do support parts of the bill. While we have significant concerns, there are aspects that we support. Conservatives support the restoration of citizenship to individuals who lost it because of non-application or rejected applications under section 8 of the former Citizenship Act . This primarily includes people born between February 15, 1977, and April 16, 1981, who were affected by the old rule that required them to apply to retain their citizenship before turning 28 years old. This was part of the original content of Senator Yonah Martin's Senate public bill, Bill S-245, which aimed to address these issues more directly.

We also support the extension of equal treatment to adopted children born abroad. Under the proposed changes, adopted children would be treated the same as biological children of Canadian citizens for the purposes of passing on citizenship. This was supported by Conservative members during the Bill S-245 clause-by-clause committee review, and it is consistent with our party's long-standing position on equal treatment for adopted children.

Conservatives are committed to fixing the broken citizenship system that the Liberals have neglected. We will enforce a more robust substantial connection requirement, streamline processes and address backlogs to ensure timely handling of citizenship applications.

Our approach will restore integrity and trust in the system, ensuring that Canadian citizenship remains a privilege earned through genuine connection and commitment to our great nation. After nine years under the government, Canadians have endured enough chaos and incompetence. It is time for a change. Only common-sense Conservatives will put an end to the Prime Minister's reckless mismanagement and fix our broken immigration and citizenship process. We will restore integrity, trust and efficiency to it, ensuring that Canadian citizenship remains a privilege earned through genuine connection and commitment to this great nation.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:55 p.m.


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Liberal

Arielle Kayabaga Liberal London West, ON

Madam Speaker, I would like to take the opportunity to say how happy I am to see my colleague come back; he sits on the immigration committee with me.

I find it really interesting that he is complaining about the Liberals taking too much time to fix something that the Conservatives broke.

This is something that his Harper government, the same government that the current Leader of the Opposition sat in, did to leave Canadians behind and to create second-class citizens. Can the member opposite talk about that and why he thinks it is a Liberal problem when it is a problem that they created themselves?

Citizenship ActGovernment Orders

September 17th, 2024 / 5:55 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, nine years would be a long time for a problem to exist, but somebody should have fixed something in nine years if that problem actually occurred nine years ago. If it was created nine years ago, I would ask this of my colleague on that side: Why did her party support the party that brought it to the House and voted, every one of them, for the same motion.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:55 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, obviously this is not about creating revolving doors in this context, but about righting historic wrongs. I would like to know what my colleague from Calgary Centre would say to Canadian women who married a non-Canadian before 1947, who are nearly 100 years old now and who, because of the Conservatives' filibustering, may never see their most basic rights upheld before they die.

Citizenship ActGovernment Orders

September 17th, 2024 / 5:55 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, that is something I am not too familiar with, but does the member have an example we could discuss? I am on board with discussing this with him. Maybe there are many examples of situations to draw from. We could look at a certain situation, but here we are developing a policy for all immigrants in Canada. I would be happy to look at this with my friend.