Journals
Download as PDF
Text size:

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 107 (Unrevised)

Thursday, March 30, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCormierDayDeanDowneDuffyDupuisDyckEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMercerMerchantMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSmithStewart OlsenTannasTardifTkachukUngerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

Andreychuk*AtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCormier*Dagenais*DawsonDayDeanDowneDuffyDupuisDyckEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMercerMerchantMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSmithStewart OlsenTannasTardifTkachukUngerWallinWellsWetstonWhiteWoo

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

Question Period

The Senate proceeded to Question Period.


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Merchant, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented the second report of the committee, entitled Accessibility of Documents Incorporated by Reference in Federal Regulations.

(The report is printed as Appendix A at pages 1429-1450 (available in print format PDF).)

The Honourable Senator Merchant moved, seconded by the Honourable Senator Munson, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Merchant, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented the third report of the committee, entitled Marginal Notes of federal Acts and regulations.

(The report is printed as Appendix B at pages 1451-1467 (available in print format PDF).)

The Honourable Senator Merchant moved, seconded by the Honourable Senator Munson, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill C-40, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2017.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Lankin, P.C., that the bill be read for a third time.

After debate,

The question being put on the motion, it was adopted, on division.

The bill was then read the third time and passed, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

o o o

Third reading of Bill C-41, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that the bill be read for a third time.

After debate,

The question being put on the motion, it was adopted, on division.

The bill was then read the third time and passed, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

o o o

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the third reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

And on the motion in amendment of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette:

That Bill C-6 be not now read a third time, but that it be amended,

(a)in clause 3, on page 4, by replacing line 1 with the following:

3 (1) Subsection 10(2) of the Act is repealed.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that

(a) advises the person of his or her right to make written representations;

(b) specifies the form and manner in which the representations must be made;

(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

(d) advises the person of his or her right to request that the case be referred to the Court.

(3.1) The person may, within 60 days after the day on which the notice is received,

(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and

(b) request that the case be referred to the Court.

(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

(3) The Act is amended by adding the following after subsection 10(4):

(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied

(a) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or

(b) that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.

(4) The Act is amended by adding the following after subsection 10(5):

(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.

(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”;

(b)in clause 4, on page 4,

(i)by replacing line 2 with the following:

4 (1) Subsection 10.1(1) of the Act is replaced by the following:

10.1 (1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

(2) Subsections 10.1(2) and (3) of the Act are re-”, and

(ii)by adding after line 6 the following:

(3) Subsection 10.1(4) of the Act is replaced by the following:

(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

(5) In an action for a declaration, the Court

(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and

(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”;

(c)on page 4, by adding after line 7 the following:

5.1 Subsection 10.5(1) of the Act is replaced by the following:

10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a)or (b)or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a)or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.“;

(d) on page 7,

(i)by adding after line 16 the following:

19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2)to (4) come into force, is deemed never to have had their citizenship revoked.”, and

(ii)by adding after line 21 the following:

20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”;

(e)on page 8, by replacing lines 16 to 25 with the following:

25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:

(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or

(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.

26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:

(b) subsection 10(1) of the Citizenship Act; or

(c) subsection 10.1(3) of the Citizenship Act.”; and

(f)in clause 27, on page 9, by adding after line 9 the following:

(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”.

After debate,

With leave of the Senate and notwithstanding rule 5-10(1), it was ordered that paragraph a) of the motion in amendment be modified, in the French version, by adding the word « la » following the words « signifié à » in the proposed subsection (5.1) of the motion in amendment.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., that further debate on the motion in amendment, as amended, be adjourned until the next sitting.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanEnvergaFrumGreeneHousakosLangMacDonaldMartinMcInnisMcIntyreNeufeldNgoOgilviePattersonPlettRaineRuncimanSeidmanSmithStewart OlsenTkachukUngerWellsWhite—28

NAYS

The Honourable Senators

BellemareBernardBonifaceBoveyBrazeauCampbellChristmasCoolsCormierDeanDuffyDupuisForestFraserGagnéGoldGriffinHarderHartlingJafferJoyalKennyLankinMarwahMcCoyMcPhedranMerchantMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainTardifWetstonWoo—39

ABSTENTIONS

The Honourable Senators

Nil

The order was called for resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the third reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

And on the motion in amendment, as amended, of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette:

That Bill C-6 be not now read a third time, but that it be amended,

(a)in clause 3, on page 4, by replacing line 1 with the following:

3 (1) Subsection 10(2) of the Act is repealed.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that

(a) advises the person of his or her right to make written representations;

(b) specifies the form and manner in which the representations must be made;

(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

(d) advises the person of his or her right to request that the case be referred to the Court.

(3.1) The person may, within 60 days after the day on which the notice is received,

(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and

(b) request that the case be referred to the Court.

(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

(3) The Act is amended by adding the following after subsection 10(4):

(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied

(a) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or

(b) that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.

(4) The Act is amended by adding the following after subsection 10(5):

(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.

(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”;

(b)in clause 4, on page 4,

(i)by replacing line 2 with the following:

4 (1) Subsection 10.1(1) of the Act is replaced by the following:

10.1 (1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

(2) Subsections 10.1(2) and (3) of the Act are re-”, and

(ii)by adding after line 6 the following:

(3) Subsection 10.1(4) of the Act is replaced by the following:

(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

(5) In an action for a declaration, the Court

(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and

(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”;

(c)on page 4, by adding after line 7 the following:

5.1 Subsection 10.5(1) of the Act is replaced by the following:

10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a)or (b)or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a)or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.“;

(d) on page 7,

(i)by adding after line 16 the following:

19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2)to (4) come into force, is deemed never to have had their citizenship revoked.”, and

(ii)by adding after line 21 the following:

20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”;

(e)on page 8, by replacing lines 16 to 25 with the following:

25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:

(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or

(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.

26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:

(b) subsection 10(1) of the Citizenship Act; or

(c) subsection 10.1(3) of the Citizenship Act.”; and

(f)in clause 27, on page 9, by adding after line 9 the following:

(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”.

The Honourable Senator Plett moved, seconded by the Honourable Senator Frum:

That the Senate do now adjourn.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanEnvergaFrumGreeneHousakosLangMacDonaldMartinMcInnisMcIntyreNeufeldNgoPattersonPlettRuncimanSeidmanSmithStewart OlsenUnger—23

NAYS

The Honourable Senators

BellemareBernardBonifaceBoveyBrazeauCampbellChristmasCoolsCormierDeanDuffyDupuisForestFraserGagnéGoldGriffinHarderHartlingJafferJoyalLankinMarwahMcCoyMcPhedranMerchantMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainWetstonWoo—37

ABSTENTIONS

The Honourable Senators

Nil

WRITTEN DECLARATION OF ROYAL ASSENT

At 5:19 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

March 30th, 2017

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 30th day of March, 2017, at 3:50 p.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Thursday, March 30, 2017

An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2017 (Bill C-40, Chapter 1, 2017)

An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018 (Bill C-41, Chapter 2, 2017)

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the third reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

And on the motion in amendment, as amended, of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette:

That Bill C-6 be not now read a third time, but that it be amended,

(a)in clause 3, on page 4, by replacing line 1 with the following:

3 (1) Subsection 10(2) of the Act is repealed.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that

(a) advises the person of his or her right to make written representations;

(b) specifies the form and manner in which the representations must be made;

(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

(d) advises the person of his or her right to request that the case be referred to the Court.

(3.1) The person may, within 60 days after the day on which the notice is received,

(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and

(b) request that the case be referred to the Court.

(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

(3) The Act is amended by adding the following after subsection 10(4):

(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied

(a) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or

(b) that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.

(4) The Act is amended by adding the following after subsection 10(5):

(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.

(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”;

(b)in clause 4, on page 4,

(i)by replacing line 2 with the following:

4 (1) Subsection 10.1(1) of the Act is replaced by the following:

10.1 (1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

(2) Subsections 10.1(2) and (3) of the Act are re-”, and

(ii)by adding after line 6 the following:

(3) Subsection 10.1(4) of the Act is replaced by the following:

(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

(5) In an action for a declaration, the Court

(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and

(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”;

(c)on page 4, by adding after line 7 the following:

5.1 Subsection 10.5(1) of the Act is replaced by the following:

10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a)or (b)or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a)or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.“;

(d) on page 7,

(i)by adding after line 16 the following:

19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2)to (4) come into force, is deemed never to have had their citizenship revoked.”, and

(ii)by adding after line 21 the following:

20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”;

(e)on page 8, by replacing lines 16 to 25 with the following:

25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:

(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or

(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.

26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:

(b) subsection 10(1) of the Citizenship Act; or

(c) subsection 10.1(3) of the Citizenship Act.”; and

(f)in clause 27, on page 9, by adding after line 9 the following:

(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”.

After debate,

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang, that further debate on the motion in amendment, as amended, be adjourned until the next sitting.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanEnvergaFrumHousakosLangMartinMcInnisMcIntyreMerchantMunsonNeufeldNgoPlettRuncimanSmithStewart OlsenUnger—21

NAYS

The Honourable Senators

BellemareBonifaceBoveyBrazeauCoolsCormierDeanDuffyForestFraserGagnéGoldGriffinHarderHartlingJafferJoyalLankinMarwahMcCoyMitchellMoncionOmidvarPatePetitclercPratteRinguetteWetstonWoo—29

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the third reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

And on the motion in amendment, as amended, of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette:

That Bill C-6 be not now read a third time, but that it be amended,

(a)in clause 3, on page 4, by replacing line 1 with the following:

3 (1) Subsection 10(2) of the Act is repealed.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that

(a) advises the person of his or her right to make written representations;

(b) specifies the form and manner in which the representations must be made;

(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

(d) advises the person of his or her right to request that the case be referred to the Court.

(3.1) The person may, within 60 days after the day on which the notice is received,

(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and

(b) request that the case be referred to the Court.

(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

(3) The Act is amended by adding the following after subsection 10(4):

(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied

(a) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or

(b) that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.

(4) The Act is amended by adding the following after subsection 10(5):

(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.

(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”;

(b)in clause 4, on page 4,

(i)by replacing line 2 with the following:

4 (1) Subsection 10.1(1) of the Act is replaced by the following:

10.1 (1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

(2) Subsections 10.1(2) and (3) of the Act are re-”, and

(ii)by adding after line 6 the following:

(3) Subsection 10.1(4) of the Act is replaced by the following:

(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

(5) In an action for a declaration, the Court

(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and

(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”;

(c)on page 4, by adding after line 7 the following:

5.1 Subsection 10.5(1) of the Act is replaced by the following:

10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a)or (b)or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a)or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.“;

(d) on page 7,

(i)by adding after line 16 the following:

19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2)to (4) come into force, is deemed never to have had their citizenship revoked.”, and

(ii)by adding after line 21 the following:

20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”;

(e)on page 8, by replacing lines 16 to 25 with the following:

25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:

(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or

(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.

26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:

(b) subsection 10(1) of the Citizenship Act; or

(c) subsection 10.1(3) of the Citizenship Act.”; and

(f)in clause 27, on page 9, by adding after line 9 the following:

(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”.

After debate,

In amendment, the Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin:

That the motion in amendment be not now adopted, but that it be amended by replacing the words “written notice” by the word “notice”.

After debate,

The question was put on the subamendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

o o o

Order No. 1 was called and postponed until the next sitting.

Bills – Second Reading

Order No. 1 was called and postponed until the next sitting.

Motions

Order No. 1 was called and postponed until the next sitting.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, April 4, 2017, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That any Minister who participates in Question Period on that day, have permission to be accompanied by a stranger;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, April 4, 2017 at 2 p.m.

After debate,

The question was put on the motion.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for sixty minutes.

Ordered, That the standing vote be not proceeded with.

The Senate proceeded to the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, April 4, 2017 at 2 p.m.

The question being put on the motion, it was adopted.

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 7:38 p.m., the Senate was continued until Tuesday, April 4, 2017, at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Sinclair replaced the Honourable Senator Brazeau (March 30, 2017).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Dagenais replaced the Honourable Senator Boisvenu (March 30, 2017).

The Honourable Senator Oh replaced the Honourable Senator McIntyre (March 30, 2017).

The Honourable Senator Merchant was removed from the membership of the committee, substitution pending (March 30, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Runciman replaced the Honourable Senator Poirier (March 30, 2017).

The Honourable Senator Poirier replaced the Honourable Senator Unger (March 29, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Martin replaced the Honourable Senator Ataullahjan (March 30, 2017).

The Honourable Senator Eaton replaced the Honourable Senator Marshall (March 30, 2017).

The Honourable Senator Dawson replaced the Honourable Senator Munson (March 30, 2017).

The Honourable Senator Ataullahjan replaced the Honourable Senator Wells (March 30, 2017).

The Honourable Senator Marshall replaced the Honourable Senator Beyak (March 30, 2017).

The Honourable Senator Munson replaced the Honourable Senator Dawson (March 29, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Dagenais replaced the Honourable Senator Plett (March 30, 2017).

The Honourable Senator Galvez replaced the Honourable Senator Pratte (March 30, 2017).

The Honourable Senator Plett replaced the Honourable Senator Unger (March 30, 2017).

Standing Senate Committee on National Security and Defence

The Honourable Senator Dagenais replaced the Honourable Senator Smith (March 29, 2017).

Standing Senate Committee on Official Languages

The Honourable Senator Doyle replaced the Honourable Senator Poirier (March 30, 2017).

The Honourable Senator Boisvenu replaced the Honourable Senator Maltais (March 30, 2017).

The Honourable Senator Poirier replaced the Honourable Senator Doyle (March 29, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Gold (March 30, 2017).