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CIMM Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 43

Wednesday, May 9, 2012

The Standing Committee on Citizenship and Immigration met in a televised session at 3:28 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 and David Tilson.

Acting Members present: Phil McColeman for 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: Jennifer Irish, Director, Asylum Policy and Programs; Warren Woods, Manager, Asylum Policy and Programs; Catherine Gagnon, Counsel, Legal Services . Public Safety Canada: Allan Kagedan, Director, National Security Operations. Canada Border Services Agency: Nicole Lefebvre, Acting Director, Inland Enforcement, Programs Branch.

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.

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

At 3:36 p.m., pursuant to Standing Order 115(5), the sitting was suspended.

At 6:55 p.m., the sitting resumed.

Jennifer Irish answered questions.

The Committee resumed clause-by-clause consideration on Clause 13 of the Bill.

On Clause 13,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 13, be amended

(a) by deleting lines 15 to 20 on page 9.

(b) by replacing line 21 on page 9 with the following:

“(1.21) Paragraph (1.2)(b) does not apply in”

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.

Rick Dykstra moved, — That Bill C-31, in Clause 13, be amended by replacing lines 17 to 20 on page 9 with the following:

“tional’s claim for refugee protection was last rejected, determined to be withdrawn after substantive evidence was heard or determined to be abandoned by the Refugee Protection Division or the Refugee Appeal Division.”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 13, be amended by adding after line 3 on page 10 the following:

“(5) Section 25 of the Act is amended by adding the following after subsection (2):

(3) The Minister shall impose a stay of a removal order against a foreign national in Canada whose application is pending under this section.”

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 13, as amended, carried on division.

On Clause 14,

Kevin Lamoureux moved, — That Bill C-31, in Clause 14, be amended by replacing line 8 on page 10 with the following:

“or a designated foreign national or a claimant from a designated country of origin who is inadmissible or who does not meet the”

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.

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 14, be amended by adding after line 23 on page 10 the following:

“(5) The Minister shall impose a stay of a removal order against a foreign national in Canada whose application is pending under this section.”

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

Clause 14 carried on division.

Clause 15 carried on division.

On Clause 16,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 16, be amended by replacing lines 38 to 43 on page 10 with the following:

“Refugee Convention, any designated foreign national whose claim for refugee protection or application for protection is accepted is considered to be lawfully staying in Canada.”

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 16, be amended by replacing lines 41 to 43 on page 10 with the following:

“staying in Canada when they are conferred protection or refugee protection status.”

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 16 carried on division.

Clause 17 carried on division.

On Clause 18,

Rick Dykstra moved, — That Bill C-31, in Clause 18, be amended

(a) by replacing line 8 on page 11 with the following:

40.1 (1) A foreign national is inadmissible on a final ”

(b) adding after line 10 on page 11 the following:

(2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

Jinny Jogindera Sims moved, — That the amendment be amended by replacing the words, “108(1)(a) to (d)” with the following:

“108(1)(a) or (d), when the final determination is made within one year after the date on which refugee protection is conferred”.

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

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to on the following recorded division: YEAS: Rick Dykstra, Alain Giguère, Sadia Groguhé, Roxanne James, Kevin Lamoureux, Chungsen Leung, Phil McColeman, Costas Menegakis, Ted Opitz, Jinny Jogindera Sims, Rathika Sitsabaiesan — 11; NAYS: — 0.

Clause 18, as amended, carried by a show of hands: YEAS: 6; NAYS: 4.

On Clause 19,

Jinny Jogindera Sims moved, — That Bill C-31, in Clause 19, be amended by replacing line 17 on page 11 with the following:

“ceased, for the reason described in paragraph 108(1)(a) or (d), when the final determination is made after this paragraph comes into force and within one year after the date on which refugee protection is conferred; or”

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.

Rick Dykstra moved, — That Bill C-31, in Clause 19, be amended by replacing line 17 on page 11 with the following:

“ceased for any of the reasons described in paragraphs 108(1)(a) to (d); or”

Jinny Jogindera Sims moved, — That the amendement be amended by replacing the words “108(1)(a) to (d)” with the words “108(1)(a) or (d) when the final determination is made within one year after the date on which refugee protection is conferred”.

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

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 19, as amended, carried on division.

At 7:52 p.m., the Committee adjourned to the call of the Chair.

Julie Lalande Prud'homme
Clerk of the Committee

2013-02-12 3:03 p.m.