Evidence of meeting #22 for Citizenship and Immigration in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-24.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Robert Orr  Assistant Deputy Minister, Operations, Department of Citizenship and Immigration
Nicole Girard  Director General, Citizenship and Multiculturalism Branch, Department of Citizenship and Immigration
Catrina Tapley  Associate Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
Mory Afshar  Senior Counsel, Department of Citizenship and Immigration

3:30 p.m.

Conservative

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.

3:30 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister 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.

3:40 p.m.

Conservative

The Chair Conservative David Tilson

And we with you, Mr. Minister. Thank you for your presentation and for appearing with us to help us with this bill.

Mr. Menegakis will have some questions for you.

3:40 p.m.

Conservative

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?

3:40 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

One way we aim to do this is by a slightly longer residency requirement. As you know, Mr. Menegakis, and as other members of the committee know, before 1977 there was a five-year residency requirement, and indeed for many peer countries it remains so. We went down to three years.

As I mentioned in a quotation in my opening remarks, it became obvious to many observers that there was abuse even of the three-year requirement. In other words, people received citizenship, not just a few people, but hundreds, even thousands—and investigations are now under way—without actually spending that time here. We have heard from new Canadians, Canadian citizens across the board, that there is no substitute for that direct experience of Canada, so the residency requirement will go from three years to four years, out of a total of six. There's still flexibility for those who have global businesses, have global lives, have other parts of their family outside the country, but we expect those four years to be fulfilled. We also expect new Canadians who seek to acquire citizenship to meet basic, predictable knowledge tests of language ability, English and French, or French, ideally both, and a knowledge test about Canada. The “Discover Canada” guide has proven to be extremely popular. New Canadians who use it are extremely successful in gaining that knowledge and showing it in the exam.

We're also strengthening the value of Canadian citizenship by going back to this issue, once again, of lost Canadians and making sure that we haven't missed any of those who really deserve to have Canadian citizenship from the beginning when the first act was passed in 1947.

3:40 p.m.

Conservative

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?

3:40 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Thank you for that question.

First, the bill will give us a new decision-making model. Instead of going through three steps, we will go through one decision-maker who has all of the data, all of the tools, and indeed exit-entry control starting next year to help validate the residency requirement. They will be able to take the decision and it will go faster.

In addition to that, we are putting more resources, and we have put more resources, into citizenship processing. Already in economic action plan 2013 more resources went in. They are at work today giving us those higher numbers of new citizens in 2014.

I draw the committee members' attention to something we distributed earlier in English and French, which is a simple graph of what would happen if we did nothing, as some urge, to processing times, and then what is happening with the new resources that we put in through the budget last year, which is the red line, and what will happen with the new bill, which is the blue line, that will bring down waiting times even faster to one year by the end of the fiscal year 2015-16. This document is called “Strengthening Canadian Citizenship: Shortening Processing Times”.

3:45 p.m.

Conservative

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?

3:45 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Toward the end of fiscal year 2015-16, average citizenship processing times will be less than one year, and the backlog will be reduced by 80% from what it is today.

3:45 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Perhaps I could get some assistance from the officials here as well.

Could the officials or the minister tell us other ways that CIC has already modernized the citizenship program to improve service standards and citizenship processing times?

3:45 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

There have been a huge number of changes, including the requirement that people turn up for their tests, turn up for the ceremonies, and not have the option of being no-shows.

We have given the option to citizenship applicants to retake the test when they don't meet the necessary requirement, but they can't take it over and over again forever.

We've also come to grips with the residency requirement. We distributed residency questionnaires when it was necessary to uncover those cases where people have simply not been here. Now we are distributing residency questionnaires to a much smaller number of citizenship applicants, and that is giving us faster processing times.

3:45 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

That's very good.

Could we get a sense of how many incomplete citizenship applications we receive on average?

3:45 p.m.

Robert Orr Assistant Deputy Minister, Operations, Department of Citizenship and Immigration

Currently it is quite high but we are bringing it down dramatically. It is around 30% at the moment but we are putting measures in place to make sure that the instructions are very straightforward for our applicants. This is having some impact as well.

3:45 p.m.

Conservative

The Chair Conservative David Tilson

Thank you, Mr. Orr.

Madame Blanchette-Lamothe, please.

3:45 p.m.

NDP

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?

3:45 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Of course, my colleague the Minister of Justice and I revised the bill with regard to its constitutionality. We think this bill is fully compliant with the requirements of our constitution. In our opinion, it is reasonable to insist that a permanent resident who wants to become a Canadian citizen express the intention to reside in Canada. Spending three out four years in Canada is one of the citizenship requirements.

3:50 p.m.

NDP

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?

3:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Absolutely not because, as soon as a permanent resident becomes a Canadian citizen, they can decide to live wherever they want.

3:50 p.m.

NDP

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?

3:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

That person must intend to reside in Canada until they become a citizen.

3:50 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Therefore, once citizenship....

3:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

The individual could then change their intent.

3:50 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

If I have understood correctly, once they become citizens, even if they leave the country, they do not run the risk of having their citizenship revoked for making a false statement.

3:50 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

We, as Canadian citizens, have the right to go work or reside wherever we want. Permanent residents can also leave Canada when they want, but if they do not spend four out of six years in Canada, they will not have the right to Canadian citizenship.

3:50 p.m.

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Thank you very much.

Let's talk about the discretionary power to grant or revoke citizenship. Under what circumstances can you grant citizenship? Can you give us some examples?