Citizenship and Immigration Committee on May 15th, 2023

[Jenny Kwan, NDP, Vancouver East, BC]

Yes, I'd like to move NDP-5. Thank you very much, Madam Chair.

This amendment deals with a number of the issues. I want to particularly highlight the issue around those who don't want citizenship conferred on them. There was quite a bit of discussion, committee members will recall, about that concern. What happens to those who don't want it, for whatever reason?

To that end, written into this amendment is the opportunity to opt out. Those who don't want it could opt out. Upon notification to the government that they don't want citizenship conferred on them, then this would have no impact for them. It would not apply to them. Effectively, it is an opt-out provision. That is what it is aimed to do, Madam Chair.

[The Chair, Liberal, Salma Zahid]

Go ahead, Ms. Lalonde.

[Marie-France Lalonde, Liberal, Orléans, ON]

Thank you very much, Madam Chair.

I'd like to propose two changes to this amendment. I will present them one at a time to facilitate our discussion.

When it comes to the first change to amendment NDP‑5…

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

I have a point of order. I believe the interpreter has just asked for a copy of the amendment, if possible, Madam Chair.

[The Chair, Liberal, Salma Zahid]

Go ahead, Ms. Lalonde.

[Marie-France Lalonde, Liberal, Orléans, ON]

Is it possible that my colleague read amendment NDP‑8 instead of amendment NDP‑5?

I apologize once again, dear colleagues.

[The Chair, Liberal, Salma Zahid]

Ms. Kwan, can you please read it? I don't think you read the whole amendment.

[Jenny Kwan, NDP, Vancouver East, BC]

I didn't read the whole thing.

[The Chair, Liberal, Salma Zahid]

Could you read it so that it is clear to everyone which one we are on?

[Jenny Kwan, NDP, Vancouver East, BC]

Okay.

[The Chair, Liberal, Salma Zahid]

We are on NDP-5. Could you please read it?

[Jenny Kwan, NDP, Vancouver East, BC]

NDP-5 states that Bill S-245 in clause 1 would be amended by adding after line 18 on page 1 the following:

(4) Section 3 of the Act is amended by adding the following after subsection (7):

(7.1) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force, a person is deemed to be a citizen under paragraph (1)(b) from the time that they were born if

(a) the person is a citizen under paragraph (1)(b);

(b) the person was born after April 16, 2009 and before the coming into force of this subsection; and

(c) at the time of the person's birth, only one of the person's parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person's parents were citizens under any of those paragraphs.

(5) Section 3 of the Act is amended by adding the following after subsection (8):

(8.1) For any period before the day on which subsection (7.1) first takes effect with respect to a person, subsection (7.1) does not have the effect of conferring any rights, powers or privileges—or imposing any obligations, duties or liabilities—under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen.

[The Chair, Liberal, Salma Zahid]

Thank you.

Go ahead, Madame Lalonde.

[Marie-France Lalonde, Liberal, Orléans, ON]

Thank you very much.

So, I'd like to propose to changes to amendment NDP-5. I will do it in order…

[The Chair, Liberal, Salma Zahid]

Madame Lalonde, can you just introduce one?

[Marie-France Lalonde, Liberal, Orléans, ON]

That's exactly what I just said, Madam Chair.

The first change would be that amendment NDP-5, which corresponds to No. 12307559 and proposes to amend Clause 1 of the bill…

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

On a point of order, Chair, the interpreter is not keeping up with the subamendment. I can't follow.

[Marie-France Lalonde, Liberal, Orléans, ON]

I will speak more slowly. Sorry.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

This seems to be a very technical subamendment. I would like to know what I am voting on.

Thank you.

[The Chair, Liberal, Salma Zahid]

No problem.

Madame Lalonde, can you go a bit more slowly?

[Marie-France Lalonde, Liberal, Orléans, ON]

Of course, Madam Chair.

[The Chair, Liberal, Salma Zahid]

One second, Madame Lalonde.

Do we have a copy?

I'll just suspend the meeting for a few minutes to figure out where the copy is.

[The Chair, Liberal, Salma Zahid]

I call the meeting back to order.

Go ahead, Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

I apologize. I think I might have confused committee members. I should have actually followed the notes. Instead, I followed my own handwritten notes, which was wrong.

This amendment is actually not to deal with the opt-out provision. That's another amendment for another time. This is dealing with a package in relation to the second generation cut-off rules that have been dealt with previously. Specifically, this amendment addresses the “retroactive to birth” and “no liability” issues for citizens related to this, and says that there would be no consequences or duties, such as back taxes and those kinds of things.

Finally, as is the current practice in any event, it would allow people to challenge the government, as they are doing right now in court.

I apologize for the confusion, Madam Chair.

[The Chair, Liberal, Salma Zahid]

Go ahead, Madame Lalonde.