Bill S-215 explained in plain English
An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-215 amends the Citizenship Act to provide a pathway to Canadian citizenship for individuals who were in state or licensed care as children and did not return to parental custody when they left care, and amends the Immigration and Refugee Protection Act to prevent deportation of such individuals in certain circumstances.
Bill S-215 proposes two main changes to Canadian law: First, it adds new rules to the Citizenship Act to grant Canadian citizenship to certain people who spent time in state or licensed care as children (such as foster homes, group homes, or institutions). Specifically, they can become citizens if: (1) they were not already citizens before leaving care; (2) they were in one of these types of care: state-run institutions, licensed foster care, or receiving state services to improve living conditions outside their parent's home; and (3) they were not returned to their parent's care when they left the system. However, the Minister will not grant citizenship if doing so would cause the person to lose citizenship of another country, unless the person agrees in writing to that loss. Second, the bill amends the Immigration and Refugee Protection Act to say that removal orders (deportations) against people who became criminals after receiving citizenship through this new pathway cannot be enforced. The bill also specifies that when someone applies for citizenship under these new rules, the Minister must accept the applicant's written statement about their care history as proof, unless the Minister can prove on a balance of probabilities that the care didn't actually happen.
- Adds a new citizenship provision (paragraph 3(1)(p.1)) to the Citizenship Act to grant Canadian citizenship to people who were in state or licensed care as children and were not returned to parental custody when leaving care
- Allows citizenship under the new provision only if the person was not already a citizen the day before leaving care
- Defines eligible care situations to include: (A) residing in an institution, group foster home, or in a guardian's home under court order and maintained by government or provincial agencies; (B) being maintained by a licensed child-care institution; or (C) receiving state-funded services to improve living conditions while not with relatives
- Includes a safeguard against dual citizenship loss: citizenship will not be granted if it would cause loss of another country's citizenship, unless the person consents in writing
- Sets out that the Minister must accept the applicant's written statement about their care history as proof, unless the Minister can establish on a balance of probabilities that the care did not occur
- Amends the Immigration and Refugee Protection Act to stay (prevent enforcement of) removal orders against people who are not citizens solely because of this new citizenship provision and who have been convicted of a criminal offence
- Individuals who were in state care, licensed foster care, or receiving state-funded services as children and who left care without being returned to parental custody
- People who are not currently Canadian citizens but meet the eligibility criteria for the new citizenship provision
- Immigration authorities and the Minister of Immigration, Refugees and Citizenship (responsible for processing citizenship applications and making decisions about dual citizenship)
- Individuals subject to removal orders under the Immigration and Refugee Protection Act who would qualify for citizenship under the new provision
- Eligible individuals have the right to apply for Canadian citizenship under the new paragraph 3(1)(p.1) if they meet all criteria
- Applicants have the right to have their written statement about care circumstances accepted as proof by the Minister unless disproven
- The Minister has an obligation to accept written statements from applicants about care circumstances as proof unless establishing on a balance of probabilities that the circumstances did not exist
- The Minister has the power to decline citizenship if granting it would cause loss of another country's citizenship, unless the person consents in writing
- Removal orders against eligible persons convicted of criminal offences cannot be enforced
- The bill text does not specify a commencement date or when the provisions would come into force
- The bill text does not describe financial costs, fees, or tax impacts
- The bill does not specify penalties or enforcement mechanisms for non-compliance
- The bill text does not define 'balance of probabilities' or specify what evidence the Minister may use to disprove an applicant's statement
- The bill does not explain what constitutes 'being returned to the care and custody of their parent' or how this will be determined in practice
- The bill does not specify the timeline for processing citizenship applications under this provision
- It is unclear how the bill applies to people who were in care in multiple provinces or countries
- The bill does not specify whether applicants must be physically present in Canada to apply or what residency requirements may apply
- The bill does not define 'convicted of a criminal offence' for purposes of the removal order exception, or clarify whether this includes summary convictions, indictable offences, or both
- The bill does not specify how the Minister will verify the existence of the care circumstances if the applicant's statement is challenged
- The commencement date of the bill is not specified
Adds a new paragraph (p.1) that creates a pathway to Canadian citizenship for people who were in state or licensed child care and were not returned to parental custody when they transitioned out of care
Source: Clause 1(1)
Creates an exception to the new citizenship provision: citizenship will not be granted if the Minister believes it would cause loss of citizenship of another country, unless the person gives written consent to that loss
Source: Clause 1(2)
Requires the Minister to accept an applicant's written statement about their care history as proof unless the Minister can disprove it on a balance of probabilities
Source: Clause 2
Adds a new subsection (3) stating that removal orders against people who are not citizens solely because of the new Citizenship Act provision and who have been convicted of a criminal offence are deemed never to have come into force and are stayed (cannot be enforced)
Source: Clause 3
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
Bill S-215 received first reading in the Senate on October 28, 2020, after which it was not proceeded with.
On October 28, 2020, in the Senate, Bill S-215, an act to amend the Citizenship Act and the Immigration and Refugee Protection Act, was introduced and received first reading. Senator Mobina S. B. Jaffer introduced the bill, and it was placed on the Orders of the Day for second reading two days later. The rest of the sitting involved other routine proceedings, question period, and debates on various motions and reports unrelated to Bill S-215. The bill itself was not proceeded with further.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced