CIMM Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
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.
“(4) Section 3 of the Act is amended by adding the following after subsection (4.1):
(4.2) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, subsection (3) applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) only by operation of paragraph (7)(n) in respect of one of their parents.
(5) Subsection 3(5.2) of the Act is repealed.
(6) Section 3 of the Act is amended by adding the following after subsection (6.3):
(6.4) A person referred to in paragraph (1)(g.1) who, before the coming into force of this subsection, was granted citizenship under section 5 or 11 is deemed never to have been a citizen by way of grant.
(7) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):
(n) a person referred to in paragraph (1)(g.1) is deemed to be a citizen under that paragraph from the time the person ceased to be a citizen.”
After debate, the question was put on the amendment of Marie-France Lalonde 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.
“(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 woman who died before the day on which this subsection comes into force, who was not a citizen at the time of her death, who by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject and who would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality is deemed to have been a citizen from the time that she ceased to be a British subject.
(5) Section 3 of the Act is amended by adding the following after subsection (8):
(8.1) 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 or any other law on a woman referred to in that subsection or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the woman being deemed to have been a citizen.
(8.2) For greater certainty, no person has a right to citizenship as a result of any woman being deemed under subsection (7.1) to have been a citizen.
(8.3) No action or other proceedings for damages based on subsection (7.1) may be brought against His Majesty in right of Canada or any officers, employees or agents of His Majesty in right of Canada in respect of anything done or omitted to be done.”
After debate, the question was put on the amendment of Jenny Kwan and it was negatived on the following recorded division:
YEAS: Jenny Kwan — 1;
NAYS: 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.
“(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.”
Debate arose thereon.
At 5:06 p.m., the sitting was suspended.
At 5:13 p.m., the sitting resumed.
Marie-France Lalonde moved, — That the amendment be amended by adding the following before the proposed text:
“(3.1) Section 3 of the Act is amended by adding the following after subsection (6.2):
(6.21) A person who is deemed to be a citizen under paragraph (1)(b) from the time that they were born solely by operation of subsection (7.1) and who, before the coming into force of this subsection, was granted citizenship under section 5 or 11 is deemed never to have been a citizen by way of grant.”.
After debate, the question was put on the subamendment of Marie-France Lalonde 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 5:43 p.m., the sitting was suspended.
At 5:53 p.m., the sitting resumed.
Marie-France Lalonde moved, — That the amendment be amended by substituting the following for the text of the proposed subclause (4):
“(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 who was born after April 16, 2009 but before the coming into force of this subsection and who is a citizen under paragraph (1)(b) is deemed to be a citizen under that paragraph from the time that they were born if
(a) 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), (g.1), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs; or
(b) 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 (3)(b)(i) to (viii), or both of the person’s parents were citizens under any of those provisions.”.
At 6:01 p.m., the committee adjourned to the call of the Chair.