CITI Committee Meeting

Meeting No. 63

Wednesday, May 12, 1999

The Standing Committee on Citizenship and Immigration met at 3:41 p.m. this day, in Room 237-C, Centre Block, the Chair, Rey Pagtakhan, presiding.

Members of the Committee present: Jean Augustine, Leon Benoit, Raymonde Folco, Steve Mahoney, John McKay, Grant McNally, Réal Ménard, Rey Pagtakhan and Andrew Telegdi.

Acting Members present: Réginald Bélair for Mark Assad; John Bryden for Paul DeVillers; John Cannis and Bernard Patry for Sophia Leung.

In attendance: From the Committees and Legislative Services: Susan Baldwin, Legislative Clerk. From the Parliamentary Research Branch of the Library of Parliament: Margaret Young, Research Officer.

Witnesses: From the Department of Citizenship and Immigration: Greg Fyffe, Assistant Deputy Minister, Policy and Program Development; Norman Sabourin, Director of Citizenship and Citizenship Registrar; Joan Atkinson, Director General, Selection Branch; Eric Stevens, Legal Counsel, Office of the Assistant Deputy Attorney General; Debra Pressé, Acting Manager, Legislative Compliance, Integration; Madeleine Riou, Nationality Law Advisor, Integration; Dominique Collinge, Director, Selection Branch.

Pursuant to an Order of Reference of the House dated March 1, 1999, the Committee resumed consideration of Bill C-63, An Act respecting Canadian citizenship. (See Minutes of Proceedings of Wednesday, March 3, 1999, Meeting No. 50)

The Committee resumed consideration of Clause 2.

At 3:47 p.m., the sitting was suspended.

At 3:55 p.m., the sitting resumed.

After debate, Clause 2 was allowed to stand.

Clause 3 carried on division.

On Clause 4

Leon Benoit moved, - That Clause 4 be amended by striking out line 33, on page 2 and substituting the following therefor:

"(a) the person is born in Canada of a father or mother who was a citizen or a permanent resident at the time of the birth; or"

After debate, the question being put on the amendment, it was negatived on the following division: YEAS: 2; NAYS: 6.

And the question being put on Clause 4, it was carried on the following division: YEAS: 7; NAYS: 2.

Clause 5 carried on division.

On Clause 6

It was agreed, - That Clause 6 be allowed to stand.

Clause 7 carried on division.

On Clause 8

Andrew Telegdi moved, - That Clause 8 be amended by striking out lines 5 to 20, on page 5 and substituting the following therefor:

"The Minister shall, on application, grant citizenship to a person who, after February 14, 1977, was adopted by a citizen while the person was a minor child and whose adoption.

(a) was in the best interests of the child;

(b) created a genuine relationship of parent and child;

(c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen; and

(d) was not intended to circumvent the requirements under any enactment for admission to Canada or citizenship."

After debate, the question being put on the amendment, it was agreed to on the following recorded division:

YEAS:

Jean Augustine

John Bryden

Raymonde Folco

Steve Mahoney

Andrew Telegdi: -- 5

NAYS:

Leon Benoit

John McKay

Grant McNally

Réal Ménard: -- 4

And the question being put on Clause 8, as amended, it was carried on the following division: YEAS: 5; NAYS: 4.

At 5:20 p.m., the sitting was suspended.

At 6:01 p.m., the sitting resumed.

On Clause 9

After debate, the question being put on Clause 9, it was carried on the following division: YEAS: 8; NAYS: 2.

Clause 10 carried.

On Clause 11

It was agreed, - That Clause 11 be allowed to stand.

Clauses 12 and 13 were carried.

On Clause 14

It was agreed, - That Clause 14 be allowed to stand.

On Clause 15

Andrew Telegdi moved, - That Clause 15 be amended by striking out lines 22 and 23, on page 6, and substituting the following therefor:

"15.(1) The Minister shall, on application, allow a citizen to renounce their citizenship, if the citizen" and

(b) by striking out line 32, on page 6, with the following therefor:

"(d) resided outside of Canada."

After debate, the question being put on the amendment, it was agreed.

And the question being put on Clause 15, as amended, it was carried on division.

On Clause 16

Andrew Telegdi moved, - That Clause 16 be amended by striking out line 2, on page 7, and substituting the following therefor:

"(a) representation or fraud or knowingly concealing" and by

striking out line 13, on page 7, and substituting the following therefor:

"(b) by knowingly concealing material circumstances and,"

After debate, the question being put on the amendment, it was agreed to on division.

Andrew Telegdi moved, - That Clause 16 be amended by deleting lines 16 to 19 on page 7.

The question being put on the amendment, it was agreed to on division.

And the question being put on Clause 16, as amended, it was carried on division.

On Clause 17

Andrew Telegdi moved, - That Clause 17 be amended by striking out line 36, on page 7 and substituting the following therefor:

"or by knowingly concealing material circumstances."

After debate, the question being put on the amendment, it was agreed to.

And the question being put on Clause 17, as amended, it was carried on division.

On Clause 18

Andrew Telegdi moved, - That Clause 18 be amended by striking out lines 17 and 18, on page 8, and substituting the following therefor:

(4) On making an order under subsection (1), the Minister shall inform the person who is the subject of the order that the order has been made and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.

(5) The Minister may not make an order under subsection (1) more than five years"

After debate, the question being put on the amendment, it was agreed to on division.

And the question being put on Clause 18, as amended, it was carried on division.

On Clause 19

It was agreed, - That Clause 19 be allowed to stand.

Clause 20 carried on division.

On Clause 21

After debate, the question being put on Clause 21, it was carried on division.

On Clause 22

After debate, the question being put on Clause 22, it was carried on division.

On Clause 23

After debate, the question being put on Clause 23, it was carried on division.

Clause 24 carried on division.

At 7:55 p.m., the sitting was suspended.

At 8:20 p.m., the sitting resumed.

Clauses 25, 26 and 27 were severally carried on division.

On Clause 28

Andrew Telegdi moved, - That Clause 28 be amended by striking out line 16 on page 13 and substituting the following therefor:

"Sections 8 and 20, no person shall be granted citizen"

After debate, it was agreed, - That the amendment be allowed to stand.

It was agreed, - That Clause 28 be allowed to stand.

On Clause 29

The question being put on Clause 29, it was carried on division.

On Clause 30

The question being put on Clause 30, it was carried on division.

On Clause 31

After debate, the question being put on Clause 31, it was carried on the following division: YEAS: 6; NAYS: 2.

Clauses 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 were severally carried on division.

On Clause 43

Leon Benoit moved, - That Bill C-63, in Clause 43, be amended by striking out line 38, on page 21, and substituting the following therefor:

"Parentage and evidence of residence in Canada for the purposes of paragraph 6(1)(b), and the times when those ap-"

After debate, it was agreed, - That the amendment be allowed to stand.

Leon Benoit moved, - That Clause 43 be amended by striking out line 40, on page 21, and substituting the following therefor:

"(b) subject to affirmative resolution of the House of Commons, specifying who may make an applica-"

And debate arose thereon;

During the course of the meeting, Norman Sabourin, Greg Fyffe, Eric Stevens and Joan Atkinson answered questions.

At 10:15 p.m., the Committee adjourned to the call of the Chair.

Santosh Sirpaul




Clerk of the Committee