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MINUTES OF PROCEEDINGS

Meeting No. 42

Wednesday, May 9, 2012

The Standing Committee on Citizenship and Immigration met in a televised session at 12:08 p.m. this day, in Room C-110, 1 Wellington Street, the Chair, David Tilson, presiding.

Members of the Committee present: Rick Dykstra, Alain Giguère, Sadia Groguhé, Roxanne James, Kevin Lamoureux, Chungsen Leung, Costas Menegakis, Ted Opitz, Jinny Jogindera Sims, Rathika Sitsabaiesan, David Tilson and John Weston.

In attendance: Library of Parliament: Julie Béchard, Analyst ; Sandra Elgersma, Analyst . House of Commons: Alexandre Roger, Procedural Clerk ; Wayne Cole, Legislative Clerk.

Witnesses: Department of Citizenship and Immigration: Monique Frison, Director, Identity Management and Information Sharing; Jennifer Irish, Director, Asylum Policy and Programs; Warren Woods, Manager, Asylum Policy and Programs. Public Safety Canada: Allan Kagedan, Director, National Security Operations.

Pursuant to the Order of Reference of Monday, April 23, 2012, the Committee resumed consideration of Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act.

It was agreed, — That the Committee extend its next meeting by a maximum of 60 minutes, in order to make up for the time the Committee suspended for the votes in the House of Commons, pursuing to Standing Order 115(5).

Jinny Jogindera Sims moved, — That, notwithstanding the committee's decision of April 26, 2012, clause-by-clause study of Bill C-31 should be suspended to allow for the full coming into force of the Balanced Refugee Reform Act.

The Chair ruled the proposed motion inadmissible.

Whereupon, Jinny Jogindera Sims appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained, by a show of hands: YEAS: 6; NAYS: 4.

The Committee commenced its clause-by-clause study of the Bill.

Jennifer Irish, Monique Frison and Warren Woods answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

On Clause 2,

Kevin Lamoureux moved, — That Bill C-31, in Clause 2, be amended by replacing lines 9 and 10 on page 1 with the following:

““designated foreign national” means an individual who arrives in Canada as part of a group of 5,000 persons or more and who becomes a designated foreign national in accordance with subsection 20.1(2).”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Clause 3 carried on division.

Clause 4 carried on division.

On Clause 5,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 5, be amended by replacing lines 3 to 17 on page 2 with the following:

“(1.1) A designated foreign national whose identity has not been established or in respect of whom the Minister has reasonable grounds to suspect that, in relation to the arrival in Canada of that foreign national, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group, may not make an application for permanent residence under subsection(1).”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 5, be amended

(a) by replacing, in the French version, lines 6 to 8 on page 2 with the following:

“du paragraphe (1) qu'à compter de l'un ou l'autre des jours suivants :”

(b) by replacing lines 8 to 10 on page 2 with the following:

“for protection, until a final determination is made to allow their claim for refugee protection;”

“protection, until a final determination is made to allow their application for protection; or”

(d) by replacing lines 15 to 17 on page 2 with the following:

“(c) in any other case, until they receive a temporary resident permit and the officer is satisfied that they have complied with the regulations and are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 5 carried on division.

On Clause 6,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following:

“prescribed biometric information, which may be collected and disclosed only if it is necessary for the purpose of verifying the foreign national's identity or for the purposes of national security and, in the case of a disclosure to be made to the government of a foreign state, the disclosure may be made only if there is an agreement or arrangement with that government that it may use the biometric information only for the purpose of verifying the foreign national's identity and that the information shall be destroyed as soon as the verification process is completed.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 6 carried on division.

By unanimous consent, Clauses 7 to 9 inclusive carried on division severally.

On Clause 10,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 10, be amended by replacing line 24 on page 4 with the following:

“of 50 persons or more if he or she”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 10, be amended by replacing line 30 on page 4 with the following:

“conducted within 48 hours of their arrival; or”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 10, be amended by replacing line 31 on page 4 with the following:

“(b) has reasonable grounds to believe that, in”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 10, be amended by replacing lines 8 to 21 on page 5 with the following:

“20.2 (1) A designated foreign national whose identity has not been established or in respect of whom the Minister has reasonable grounds to suspect that, in relation to the arrival in Canada of that foreign national, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group, may not apply to become a permanent resident.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 10, be amended

(a) by replacing, in the French version, lines 9 to 11 on page 5 with the following:

“ter de demande de résidence permanante qu'à compter de l'un ou l'autre des jours suivants :”

(b) by replacing lines 12 to 14 on page 5 with the following:

“for protection, until a final determination is made to allow their claim for refugee protection;”

“protection, until a final determination is made to allow their application for protection; or”

(d) by replacing lines 19 to 21 on page 5 with the following:

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

By unanimous consent, Clauses 10 and 11 carried on division severally.

On Clause 12,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 12, be amended by replacing line 29 on page 6 to line 3 on page 7 with the following:

“(5) A designated foreign national whose identity has not been established or in respect of whom the Minister has reasonable grounds to suspect that, in relation to the arrival in Canada of that foreign national, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group, may not request a temporary resident permit.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Kevin Lamoureux moved, — That Bill C-31, in Clause 12, be amended by replacing line 29 on page 6 to line 30 on page 7 with the following:

“(5) The officer may refuse to consider a request for a temporary resident permit if the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 12 carried on division.

On Clause 13,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 13, be amended by replacing lines 4 to 17 on page 8 with the following:

“(1.01) A designated foreign national whose identity has not been established or in respect of whom the Minister has reasonable grounds to suspect that, in relation to the arrival in Canada of that foreign national, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group, may not make a request under subsection (1).”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

Rick Dykstra moved, — That Bill C-31, in Clause 13, be amended by replacing line 14 on page 9 with the following:

“Refugee Protection Division or the Refugee Appeal Division; or”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to on division.

At 2:03 p.m., the Committee adjourned to the call of the Chair.

Julie Lalande Prud'homme
Clerk of the Committee

2012-10-15 11:25 a.m.