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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 63
Wednesday, May 3, 2023, 4:30 p.m. to 6:33 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
• Patrick Williams, Procedural 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 Clause 1 of the Bill.

At 4:36 p.m., the sitting was suspended.

At 4:38 p.m., the sitting resumed.

Jenny Kwan moved, — That Bill S-245, in Clause 1, be amended by adding after line 14 on page 1 the following:

“(2.1) Paragraph 3(3)(a) of the Act is replaced by the following:

(a) if the person was born before April 17, 2009 and, at the time of his or her 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;

(a.01) if the person was born after April 16, 2009 and, at the time of his or her birth,

(i) 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, and

(ii) neither of the person's parents was a citizen who

(A) had a substantial connection with Canada, or

(B) had a parent who was a citizen with a substantial connection with Canada;”

Debate arose thereon.

Arielle Kayabaga moved, — That the amendment be amended

(a) by substituting the words “(g), (h)” in the proposed paragraph 3(3)(a) with the words “(g), (g.1), (h)”.

(b) by substituting the words “(g), (h)” in the proposed subparagraph 3(3)(a.01)(i) with the words “(g), (g.1), (h)”.

After debate, the question was put on the subamendment of Arielle Kayabaga and it was agreed to on the following recorded division:

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

NAYS: — 0.

Arielle Kayabaga moved, — That the amendment be amended by substituting the words of the proposed subparagraph 3(3)(a.01)(ii) with the following:

“ii) neither of the person’s parents was a citizen who had a substantial connection with Canada;”.

After debate, the question was put on the subamendment of Arielle Kayabaga and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Marie-France Lalonde, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 10;

NAYS: Jenny Kwan — 1.

Arielle Kayabaga moved, — That the amendment be amended by adding after the proposed text the following:

“(2.2) The portion of paragraph 3(3)(b) of the Act before subparagraph (i) is replaced by the following:

(b) if the person was born before April 17, 2009 and, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:

(2.3) Subsection 3(3) of the Act is amended by striking out “or” at the end of paragraph (a.2), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) if the person was born after April 16, 2009 and

(i) at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs (b)(i) to (viii), or both of the person’s parents were citizens under any of those provisions, and

(ii) at the time of their birth, neither of the person’s parents was a citizen who had a substantial connection with Canada.”.

After debate, the question was put on the subamendment of Arielle Kayabaga and it was agreed to on the following recorded division:

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

NAYS: — 0.

At 5:21 p.m., the sitting was suspended.

At 5:27 p.m., the sitting resumed.

At 5:30 p.m., the sitting was suspended.

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

The question was put on the amendment of Jenny Kwan, as amended, and it was agreed to on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Jenny Kwan, Marie-France Lalonde — 7;

NAYS: Tom Kmiec, Larry Maguire, Brad Redekopp, Michelle Rempel Garner — 4.

Tom Kmiec raised a potential question of privilege regarding the apparent premature distribution of notices of amendments to Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians), to a member of the public.

At 5:55 p.m., the sitting was suspended.

At 6:30 p.m., the sitting resumed.

The Chair reserved her decision.

At 6:33 p.m., the committee adjourned to the call of the Chair.



Keelan Buck
Clerk of the committee