CIMM Committee Report

New Clause 0.1

That Bill S-245 be amended by adding before line 4 on page 1 the following new clause:

“0.1 Subsection 2(2) of the Citizenship Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) a person has a substantial connection with Canada if the person has been physically present in Canada for at least 1,095 days.”

Clause 1

That Bill S-245, in Clause 1, be amended by deleting lines 4 to 8 on page 1.

That Bill S-245, in Clause 1, be amended by replacing lines 11 to 14 on page 1 with the following:

“(g.1) the person was born outside Canada after February 14, 1977 and, before April 17, 2009, ceased to be a citizen because they failed to make an application to retain their citizenship under section 8, as it read before April 17, 2009, or made such an application but the application was not approved;

(2.1) The portion of subsection 3(3) of the Act before paragraph (a.1) is replaced by the following:

(3) Paragraphs (1)(b), (f), (g), (h) to (j), (q) and (r) do not apply to a person born outside Canada

(a) if, 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), (g.1), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;”

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), (g.1), (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), (g.1), (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 had a substantial connection with Canada;

(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.”

That Bill S-245, in Clause 1, be amended by deleting lines 15 to 18 on page 1.

That Bill S-245, in Clause 1, be amended by adding after line 18 on page 1 the following:

“(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.”

That Bill S-245, in Clause 1, be amended by adding after line 18 on page 1 the following:

“(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.

(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.

(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.”

New Clause 1.1

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.”

That Bill S-245 be amended by adding after line 18 on page 1 the following new clause:

“1.1 The Act is amended by adding the following after section 9:

9.1 (1) A person who is deemed to be a citizen under paragraph 3(1)(b) from the time that they were born solely by operation of subsection 3(7.1) is deemed never to have been a citizen under paragraph 3(1)(b) if the person

(a) provides written notice to the Minister that they do not wish to be a citizen;

(b) is a citizen of a country other than Canada or, on providing the written confirmation referred to in subsection (2), will become a citizen of a country other than Canada; and

(c) does not reside in Canada.

(2) When the Minister receives a written notice from a person under paragraph (1)(a), the Minister shall, if the requirements set out in paragraphs (1)(b) and (c) are met, provide the person with written confirmation that they are deemed never to have been a citizen under paragraph 3(1)(b).”

That Bill S-245 be amended by adding after line 18 on page 1 the following:

“1.2 Paragraph 5.1(4)(a) of the Act is replaced by the following:

(a) if, at the time of his or her adoption, 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;”

New Clause 3

That Bill S-245 be amended by adding after line 22 on page 1 the following:

“Coming into Force

3 This Act comes into force on a day to be fixed by order of the Governor in Council, but no later than the 548th day after the day on which this Act receives royal assent.”