Citizenship Act
Bill to Amend--Third Reading
June 21, 2021
Moved third reading of Bill S-230, An Act to amend the Citizenship Act (granting citizenship to certain Canadians).
She said: Honourable senators, I am honoured to sponsor and speak once again at third reading of Bill S-230, An Act to amend the Citizenship Act, which will permit certain persons who lost their Canadian citizenship to regain citizenship. I will be brief.
I would like to begin by thanking our colleague Senator Omidvar for her efforts in advocating for Lost Canadians, refugees and other vulnerable groups, as well as her work on this bill as the critic. I would also like to acknowledge the Chair of the Social Affairs Committee, Senator Petitclerc, and all members of the committee for their thoughtful and insightful questions during the study of Bill S-230.
As I said at second reading and in committee, this bill will address a specific gap in the Citizenship Act to capture a small group of Canadians who had lost their Canadian citizenship or became stateless because of changes to policy. Many of these individuals were raised in Canada from a young age. Though they were born abroad, some came to Canada as infants in some cases. They went to school in Canada, they raised their families in Canada, they worked and paid taxes in Canada, yet they turned 28 without knowing that their citizenship would be stripped from them because of the change in policy to the Citizenship Act of 1977 that required Canadians born abroad to apply to retain citizenship when they turned age 28.
As previously explained, this law — “the age 28 rule” — was passed, then forgotten. Those who turned 28 but didn’t apply to retain their citizenship before their twenty-eighth birthday subsequently became Lost Canadians on their twenty-eighth birthday. Bill C-37 of 2008, which repealed the age 28 provision and grandfathered all those Canadians who had not yet turned 28 to be included in the policy change, left out a small group of Canadians who had already turned 28, specifically those born in a 50-month window between February 15, 1977, to April 16, 1981. This small cohort of Lost Canadians is the group for whom Bill S-230 was brought forward in this Parliament.
Bill S-230 focuses on these Lost Canadians to ensure that they can continue their lives upon enactment of Bill S-230 without fear and to know that they are valued and supported by reinstating them as they should have been in 2009 when the age 28 rule was repealed.
During the committee study we heard from the Director General, Citizenship Branch, Strategic and Program Policy, Immigration, Refugees and Citizenship Canada and the Associate Assistant Deputy Minister, Strategic and Program Policy of IRCC. We heard questions from the members of the committee about the importance of the framework and post-enactment of this legislation to ensure that the officials look at strategies that will help the legislation to be implemented successfully.
Senator Bovey asked:
What about those who don’t know that they’re lost and so therefore aren’t looking at the site? Once you know you want to do something, you can find ways to do it. I’m concerned about how people become aware that they can do it or might be affected by it. How do we deal with those who are unsuspecting and unknowing?
Senator Robert Black asked:
What will you do outside of the website rules and forcing people to the website? I’m building on my colleague’s question. Do you anticipate doing anything out of the ordinary to inform these Lost Canadians, for example, placing ads in newspapers across the country or different things?
Catherine Scott, Associate Assistant Deputy Minister, Strategic and Program Policy with IRCC, replied:
If there are changes to the Citizenship Act, the department — as it would when there is any major legislative change — would undertake a proactive and sustained communication strategy. We would need to look at that.
Senator Petitclerc expressed her concerns during committee that:
Not everybody has the same tools and capacity to reach out and get their citizenship recognized. What I was trying to understand is that the government is not being proactive in finding them.
We also heard from Don Chapman about so many unique stories from Lost Canadians and each one is asking for our help. Each case will be very exceptional, but I know Don will continue to advocate.
As the sponsor of this bill, and hopefully with Senator Omidvar and others of the working group on immigration, I will remain active and follow up with officials and key departments to ensure that information is made widely available and the framework is in place for a transparent and successful post-enactment of this legislation. An effective communication strategy will be vital to ensure that we reach as many Lost Canadians in this cohort as we can.
The follow-up that my colleagues described in committee is important, and I thank them for their interventions.
I ask all honourable senators for your support at the conclusion of this debate at third reading. With the passage of Bill S-230, we can reinstate this last cohort of Lost Canadians affected by the age-28 rule from a previous policy decision that was repealed in 2009, to never live in fear again and to ensure they are given the rights and opportunities that they deserve as Canadians at birth. Thank you.
Honourable senators, I will rise briefly to speak to Bill S-230, An Act to amend the Citizenship Act with respect to granting citizenship to certain Canadians.
First of all, I would like to thank Senator Martin for her work on this file, along with Senator Omidvar, of course.
I make my remarks today as Chair of the Standing Senate Committee on Social Affairs, Science and Technology, to add a few points to the report submitted without amendment or comment by our committee.
However, during our study of the bill, members of our committee expressed their wish that the Senate be informed of certain comments, particularly on the measures of success for this legislation, as well as on the communications strategies that would be necessary once it is passed by Parliament.
Time constraints kept us from including these comments in our report, which was tabled on June 17, and the committee members entrusted me to share this information with you, which I will do in a moment.
The first part of my intervention is about the number of people who could benefit from the bill, and about the measures of success.
As Senator Martin already mentioned in her speech, Bill S-230 proposes amendments to the Citizenship Act that would resolve the issue of a very small group of Lost Canadians, born between February 15, 1977, and April 16, 1981.
Members of the committee asked officials from Immigration, Refugees and Citizenship Canada how many people would be affected by these potential amendments to the Act. IRCC officials could not confirm how many people fall into this category of Lost Canadians.
Officials from IRCC reminded the committee that this cohort would now be in their 40s, and that as people get older they are more likely to have already discovered and resolved any questions surrounding citizenship.
Members of the committee also expressed a keen interest in knowing how many Lost Canadians will be granted citizenship through these amendments if the bill passes.
IRCC officials informed the committee that since 2014, 109 individuals have applied for ministerial discretion to grant citizenship under section 5(4) of the Citizenship Act.
Of the 109 applications, 105 have been dispensed with and the individuals in question have received citizenship, while four are currently under review.
Some committee members wondered how these prospective amendments to the legislation would be communicated to those who would benefit from them if Bill S-230 passes.
That will be the subject of the second part of my speech.
As Senator Martin mentioned in her speech, members highlighted that it would be important that Immigration, Refugees and Citizenship Canada makes a significant effort toward informing as many people as possible.
Bill S-230’s sponsor, Senator Martin, highlighted the importance of using a variety of communication tools to inform interested parties of these amendments to the act if it passes.
Senator Martin also mentioned that she had been in communication with the Minister of Immigration, Refugees and Citizenship, and that he verbally confirmed that the department would ensure these prospective amendments are effectively communicated if Bill S-230 is made law.
Officials from IRCC informed the committee that their website currently outlines how to apply for citizenship and who is eligible.
Officials further informed the committee that after previous major amendments to the act that came into force in 2009 and 2015, approximately 17,500 people applied for and were granted proof of citizenship.
They confirmed that if there are amendments made to the act, the department would undertake a proactive and sustained communication strategy.
Honourable senators, I hope this information will be useful to you as we debate this bill, which our committee passed without amendment.
Thank you.
Are senators ready for the question?
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
(Motion agreed to and bill read third time and passed.)
