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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 68
Wednesday, May 31, 2023, 4:43 p.m. to 7:57 p.m.
Webcast
Presiding
Salma Zahid, Chair (Liberal)

Library of Parliament
• Julie Béchard, Analyst
• Philippe Antoine Gagnon, Analyst
• Andrea Garland, Analyst
 
House of Commons
• Philippe Méla, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
Department of Citizenship and Immigration
• Nicole Girard, Director General, Citizenship Policy
• Uyen Hoang, Senior Director, Legislation and Program Policy
• Erika Schneidereit, Counsel, Legal Services
• Allison Bernard, Senior Policy Analyst
• Jody Dewan, Senior Policy Analyst
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians).

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on new Clause 1.1 of the Bill.

The committee resumed consideration of the amendment of Jenny Kwan, — That Bill S-245 be amended by adding after line 18 on page 1 the following new clauses:

“1.1 Subsection 4(2) of the Act is replaced by the following:

(2) For the purposes of paragraph 3(1)(b), subsection 3(2) and paragraphs 3(3)(a.01) and (c), if a child is born after the death of either of their parents, the child shall be deemed to have been born before the death of that parent.

1.2 (1) Paragraph 5.1(4)(a) of the Act is replaced by the following:

(a) if, at the time of their adoption,

(i) only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (g.1), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs, and

(ii) neither of the adoptive parents was a citizen who had a substantial connection with Canada;

(2) Paragraph 5.1(4)(b) of the Act is replaced by the following:

(b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions and, at the time of their adoption, neither of the adoptive parents was a citizen who had a substantial connection with Canada.”

After debate, the question was put on the amendment of Jenny Kwan and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Maxime Blanchette-Joncas, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Jenny Kwan, Marie-France Lalonde, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 11;

NAYS: — 0.

The committee proceeded to the consideration of matters related to committee business.

Motion

Brad Redekopp moved, — That, pursuant to Standing Order 108(2), the committee conduct a study into news reports that international students admitted into Canada with valid study permits were issued fraudulent college acceptance letters by immigration consultants, and are now facing deportation, and that this study undertake at least three meetings; that the committee invite the Minister of Immigration, Refugees and Citizenship for one meeting along with his departmental officials to testify; that the committee invite the Minister responsible for the Canada Border Services Agency for one meeting along with his departmental officials to testify; that the committee invite affected international students and representatives from Colleges & Institutes Canada; and that the committee request that the Canada Border Services Agency temporarily suspend the deportation of affected international students until those selected as witnesses can testify before the committee.

Debate arose thereon.

Motion

Marie-France Lalonde moved, — That the debate be now adjourned.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Marie-France Lalonde — 6;

NAYS: Maxime Blanchette-Joncas, Tom Kmiec, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 5.

At 5:14 p.m., the sitting was suspended.

At 5:32 p.m., the sitting resumed.

Department of Citizenship and Immigration
• Nicole Girard, Director General, Citizenship Policy
• Uyen Hoang, Senior Director, Legislation and Program Policy
• Erika Schneidereit, Counsel, Legal Services
• Allison Bernard, Senior Policy Analyst
• Jody Dewan, Senior Policy Analyst
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians).

Michelle Rempel Garner moved, — That Bill S-245 be amended by adding after line 18 on page 1 the following new clause:

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

Waiver by Minister for administrative delays

3.01 The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds in the case of any person who has waited over five years for a response from the Department of Citizenship and Immigration with respect to their application due to administrative delays.”

At 6:34 p.m., the sitting was suspended.

At 6:46 p.m., the sitting resumed.

After debate, the question was put on the amendment of Michelle Rempel Garner and it was negatived on the following recorded division:

YEAS: Tom Kmiec, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 4;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Salma Zahid — 6.

At 6:51 p.m., the sitting was suspended.

At 7:01 p.m., the sitting resumed.

Brad Redekopp moved, — That Bill S-245 be amended by adding after line 18 on page 1 the following new clause:

“1.1 Section 5(5) of the Act is amended by replacing paragraph 5(f) with the following:

(f) has not been charged with, on trial for, convicted, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament outlining criminal offences, other than an offence that is designated as a contravention under the Contraventions Act.”

Debate arose thereon.

The committee proceeded to the consideration of matters related to committee business.

Tom Kmiec gave notice of the following motion:

That the committee report the following to the House: That international students who are victims of fraudulent admission letters deserve to be heard and their testimony is of critical importance to a future investigation by this committee, and therefore stays of deportation must be issued for the victims of this fraud until the committee can hear their testimony.

Department of Citizenship and Immigration
• Nicole Girard, Director General, Citizenship Policy
• Uyen Hoang, Senior Director, Legislation and Program Policy
• Erika Schneidereit, Counsel, Legal Services
• Allison Bernard, Senior Policy Analyst
• Jody Dewan, Senior Policy Analyst
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians).

The witnesses answered questions.

The committee resumed consideration of the amendment of Brad Redekopp, — That Bill S-245 be amended by adding after line 18 on page 1 the following new clause:

“1.1 Section 5(5) of the Act is amended by replacing paragraph 5(f) with the following:

(f) has not been charged with, on trial for, convicted, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament outlining criminal offences, other than an offence that is designated as a contravention under the Contraventions Act.”

After debate, the question was put on the amendment of Brad Redekopp and it was negatived on the following recorded division:

YEAS: Tom Kmiec, Andréanne Larouche, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 5;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Marie-France Lalonde — 6.

Jenny Kwan moved, — That Bill S-245 be amended by adding after line 18 on page 1 the following new clause:

“1.1 The Act is amended by adding the following after section 9:

9.1 (1) A person who is deemed to be a citizen under paragraph 3(1)(b) from the time that they were born solely by operation of subsection 3(7.1) is deemed never to have been a citizen under paragraph 3(1)(b) if the person

(a) provides written notice to the Minister that they do not wish to be a citizen;

(b) is a citizen of a country other than Canada or, on providing the written confirmation referred to in subsection (2), will become a citizen of a country other than Canada; and

(c) does not reside in Canada.

(2) When the Minister receives a written notice from a person under paragraph (1)(a), the Minister shall, if the requirements set out in paragraphs (1)(b) and (c) are met, provide the person with written confirmation that they are deemed never to have been a citizen under paragraph 3(1)(b).”

Debate arose thereon.

At 7:57 p.m., the committee adjourned to the call of the Chair.



Keelan Buck
Clerk of the committee