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Monday, June 12, 2017 (No. 192)

Motions Respecting Senate Amendments to Bills

C-6

An Act to amend the Citizenship Act and to make consequential amendments to another Act

June 9, 2017 — — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, the House:

agrees with amendments 1(a), 1(c), 4 and 5 made by the Senate;

proposes that amendments 1(b)(i) and (ii) be amended by replacing the number “60” with the number “55”;

proposes that amendment 1(b)(iii) be amended by replacing the words in paragraph 5(1.04)(a) with the following words “made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; and”;

proposes that with respect to amendment 2:

the portion of subsection 10(3) before paragraph (a) be amended by deleting the word “revoking” and adding the words “may be revoked” after the words “renunciation of citizenship”;

paragraph 10(3)(d) be amended by replacing all the words after the words “advises the person” to the word “Court.” with the following words “that the case will be referred to the Court unless the person requests that the case be decided by the Minister.”;

the portion of subsection 10(3.1) before paragraph (a) be amended by replacing the word “received,” with the words “sent, or within any extended time that the Minister may allow for special reasons,”;

paragraph 10(3.1)(a) be amended by deleting the words “humanitarian and compassionate” and adding after the words “including any considerations” the words “respecting his or her personal circumstances” and by adding the words “of the case” after the words “all of the circumstances” and by deleting the word “Minister’s” before the words “decision will render the person”;

paragraph 10(3.1)(b) be amended by replacing the words “referred to the Court” with the words “decided by the Minister”;

subsection 10(4.1) be amended by replacing that subsection with the following “(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied (i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or (b) the person has made a request under paragraph (3.1)(b).”;

subclause 3(4) be amended by deleting all the words beginning with “(4) The Act is amended by adding the following” to the words “under this Act or the Federal Court Act.”;

proposes that amendment 3(a) be amended in subsection 10.1(1) by replacing the words “If a person” with the words “Unless a person”;

proposes that with respect to amendment 3(b):

subsection 10.1(4) be amended by replacing all the words beginning with “If the Minister seeks a declaration” and ending with the words “knowingly concealing material circumstances.” with the words “For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.”;

by deleting subsection 10.1(5);

proposes that amendment 6(a) be amended by replacing clause 19.1 with the following “19.1(1) Any decision that is made under subsection 10(1) of the Citizenship Act as it read immediately before the day on which subsection 3(2) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day. (2) A proceeding that is pending before the Federal Court before the day on which subsection 3(2) comes into force as a result of an action commenced under subsection 10.1(1) of the Citizenship Act is to be dealt with and disposed of in accordance with that Act as it read immediately before that day.”;

proposes that amendment 6(b) be amended by replacing clause 20.1 with the following “20.1 If, before the day on which subsection 3(2) comes into force, a notice has been given to a person under subsection 10(3) of the Citizenship Act and a decision has not been made by the Minister before that day, the person may, within 30 days after that day, request to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of that Act as it reads on that day.”;

respectfully disagrees with amendment 7 because it would give permanent resident status to those who acquired that status fraudulently;

proposes that amendment 8 be amended by replacing all the words after “(3.1) Subsections” with the following words “3(2) and (3) and 4(1) and (3) and section 5.1 come into force on a day to be fixed by order of the Governor in Council.”.