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.
The committee resumed consideration of the subamendment of Marie-France Lalonde, — 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.”.
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, Jenny Kwan, Marie-France Lalonde — 7;
NAYS: Scott Aitchison, Tom Kmiec, Larry Maguire, Brad Redekopp — 4.
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: Scott Aitchison, Tom Kmiec, Larry Maguire, Brad Redekopp — 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 died before the day on which this subsection comes into force and was not a citizen at the time of their death but would have been a citizen under this Act if they had been alive on the day on which this subsection comes into force is deemed to have been a citizen from the time that they were born.
(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 the person 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 first person being deemed to have been a citizen.
(8.2) For greater certainty, no person has a right to citizenship as a result of any other person 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: Alexis Brunelle-Duceppe, Jenny Kwan — 2;
NAYS: Scott Aitchison, Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Tom Kmiec, Marie-France Lalonde, Larry Maguire, Brad Redekopp — 9.
Clause 1, as amended, carried 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: Scott Aitchison, Tom Kmiec, Larry Maguire, Brad Redekopp — 4.
On new Clause 1.1,
Jenny Kwan moved, — 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.”
Debate arose thereon.
At 5:01 p.m., the sitting was suspended.
At 5:09 p.m., the sitting resumed.
At 5:36 p.m., the committee adjourned to the call of the Chair.