CIMM Committee Meeting

Meeting No. 24

Tuesday, May 15, 2001

The Standing Committee on Citizenship and Immigration met at 9:06 a.m. this day, in Room 701, La Promenade Building, the Chair, Joe Fontana, presiding.

Members of the Committee present: Mark Assad, Madeleine Dalphond-Guiral, Joe Fontana, John Herron, Steve Mahoney, Gurbax Malhi, Inky Mark, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibeault, Judy Wasylycia-Leis, Lynne Yelich.

Acting Member present: Raymonde Folco for Jean Augustine; Larry Bagnell for Jerry Pickard.

In attendance: From the Library of Parliament: Jay Sinha, Researcher.

Witnesses: From the Citizenship and Immigration Canada: Joan Atkinson, Assistant Deputy Minister, Policy and Program Development; Daniel Therrien, General Counsel, Legal Services; Elizabeth Tromp, Director General, Enforcement Branch; Mark Davidson, Deputy Director, Economic Policy and Programs; Jennifer Lutfallah, Senior advisor, Asylum Refugees Branch.

Pursuant to its Order of Reference of Tuesday, February 27, 2001, the Committee resumed consideration of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger (See Minutes of Proceedings, Thursday, March 1st, 2001, Meeting No. 2).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

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

By unanimous consent the following clauses were adopted:

4, 7, 8, 9, 11, 17, 22, 23, 29, 33, 47, 48, 52, 54, 61, 62, 65, 66, 71, 83, 85 to 88, 91 102, 103, 111, 118, 120, 122, 123, 125, 128, 129, 131, 132, 134 to 141, 143 to 147, 151, 152, 154 to 158, 160, 162, 164, 167, 168, 171, 172, 174, 176 to 200, 202 to 226, 230 to 241, 243 to 248, 250 to 272, 274 and 275.

On Clause 2,

Steve Mahoney moved, -- That Bill C-11, in Clause 2, be amended

1. by replacing line 21 on page 1 with the following:

Canadian citizen or a permanent resident, and includes a stateless

2. by replacing lines 23 and 24 on page 1 with the following:

After debate, the question being put on the amendment, it was adopted.

Clause 2, as amended, carried.

On Clause 3,

Anita Neville moved, -- That Bill C-11, in Clause 3, be amended by replacing line 15 on page 2 with the following:

respecting the federal, bilingual and multicultural charac-

After debate, the question being put on the amendment, it was adopted.

Yolande Thibeault moved, -- That Bill C-11, in Clause 3, be amended by adding after line 16 on page 2 the following:

(b.1) to support and assist the development of minority official language communities in Canada;
After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 3, be amended by replacing line 32 on page 2 with the following:

"tion with the provinces and municipalities;"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 3, be amended by replacing lines 40 to 44 on page 2 with the following:

"Canadian society;
(i) to promote international justice, respect for human rights and security; and

(j) to work in co-operation with the provinces and territories to secure better recognition of the foreign credentials of new Canadians and their more rapid integration into society."

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 3, be amended by replacing line 43 on page 2 with the following:

territory to persons who are crimi-

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

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 3, be amended by replacing line 8 on page 3 with the following:

"obligations with respect to refugees and others at risk of human rights violation and"

The question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 3, be amended by replacing lines 18 and 19 on page 3 with the following:

"race, religion, nationality, political opinion, membership in a particular social group, sex or sexual orientation,"

After debate, the question being put on the amendment, it was negatived on the following division:

NAYS: Mark Assad, Raymonde Folco, Steve Mahoney, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibault, Inky Mark, Lynne Yelich. (9).

YEAS: Madeleine Dalphond-Guiral, Judy Wasylycia Leis, John Herron (3).

John Herron moved, -- That Bill C-11, in Clause 3, be amended by replacing line 19 on page 3 with the following:

", membership in a particular social group, sexual orientation or gender,"

After debate, the question being put on the amendment, it was negatived on the following division:

NAYS: Mark Assad, Raymonde Folco, Steve Mahoney, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibault, Inky Mark, Lynne Yelich. (9).

YEAS: Madeleine Dalphond-Guiral, Judy Wasylycia Leis, John Herron (3).

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 3, be amended by replacing lines 35 to 39 on page 3 with the following:

"(h) to promote international justice, human rights and security."

After debate, the question being put on the amendment, it was negatived.

Yolande Thibeault moved, -- That Bill C-11, in Clause 3, be amended by replacing line 37 on page 3 with the following:

territory to persons, including

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

Yolande Thibeault moved, -- That Bill C-11, in Clause 3, be amended by replacing lines 8 to 16 on page 4 with the following:

tions;

(d) ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles of equality and freedom from discrimination and of the equality of English and French as the official languages of Canada;

(e) supports the commitment of the Government of Canada to enhance the vitality of the English and French linguistic minority communities in Canada; and

(f) complies with international human rights instruments to which Canada is signatory.

After debate, the question being put on the amendment, it was adopted.

Clause 3, as amended, carried.

On Clause 5,

Steve Mahoney moved, -- That Bill C-11, in Clause 5, be amended

(a) by replacing line 21 on page 4 with the following:

5. (1) Except as otherwise provided, the Gover-

(b) by adding after line 26 on page 4 the following:

(2) The Minister shall cause a copy of each proposed regulation made pursuant to sections 17, 32, 53, 61, 102, 116 and 150 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

(3) A proposed regulation that has been laid before each House of Parliament under subsection (2) does not need to be so laid again, whether or not it has been altered.

(4) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (2).

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 5, be amended by replacing lines 23 to 26 on page 4 with the following:

is referred to in this Act or that prescribes any matter whose prescription is referred to in this Act.

After debate, the question being put on the amendment, it was adopted.

Clause 5, as amended, carried.

On Clause 6,

Steve Mahoney moved, -- That Bill C-11, in Clause 6, be amended by replacing lines 39 to 42 on page 4 with the following:

ferred by subsection 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a).

After debate, the question being put on the amendment, it was adopted.

Inky Mark moved, -- That Bill C-11 be amended by adding after line 42 on page 4 the following new clause:

"6.1 (1) There shall be an Ombudsman designated by the Minister to whom any person in Canada may make a complaint on a matter pertaining to immigration.

(2) The Minister may make regulations respecting the powers and duties of the Ombudsman and any other matter that the Minister considers necessary to carry out the objectives of subsection (1).

6.2 The Ombudsman designated under section 6.1 shall, annually, cause to be laid before the House of Commons a report on the complaints that were made to the Ombudsman."

After debate, the question being put on the amendment, it was negatived.

Clause 6, as amended, carried.

On Clause 10,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 10, be amended by replacing line 31 on page 6 with the following:

"governments of the provinces and municipalities on immigration"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 10, be amended by replacing line 36 on page 6 with the following:

"provinces and municipalities."

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 10, be amended by replacing line 38 on page 6 with the following:

"governments of the provinces and municipalities respecting the"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11 be amended by adding after line 45 on page 6 the following new clause:

"(3) The Minister shall consult with municipalities with respect to resettlement and integration programs where applicable."

After debate, the question being put on the amendment, it was negatived.

Clause 10 carried.

On Clause 12,

Steve Mahoney moved, -- That Bill C-11, in Clause 12, be amended by replacing lines 13 to 22 on page 7 with the following:

"12. (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

(2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada."

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

Inky Mark moved, -- That Bill C-11, in Clause 12, be amended by replacing line 20 on page 7 with the following:

"partner, child, sibling, parent, grandparent or other prescribed"

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 12, be amended by replacing line 20 on page 7 with the following:

"partner of the same sex or of the opposite sex, child, parent or other prescribed"

After debate, the question being put on the amendment, it was negatived on the following division:

YEAS: Inky Mark, Lynne Yelich, Madeleine Dalphond-Guiral, Judy Wasylycia-Leis, John Herron, Gurbax Malhi (6).

NAYS: Mark Assad, Raymonde Folco, Steve Mahoney, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibeault (7).

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 12, be amended by replacing line 20 on page 7 with the following:

"partner, child, parent, grandparent, brother, sister or other prescribed"

After debate, the question being put on the amendment, it was negatived.

Clause, as amended, 12 carried.

On Clause 13,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 13, be amended by replacing line 30 on page 7 with the following:

"resident may, either individually or with a family member who is also a Canadian citizen or a permanent resident, subject to the regulations,"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 13, be amended by replacing line 31 on page 7 with the following:

"sponsor, either individually or jointly with one or more other Canadian citizens or permanent residents, a foreign national who is a member of"

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 13, be amended by adding after line 14 on page 8 the following:

"(5) Notwithstanding subsection 12(2), a person who has been a Canadian citizen for at least eighteen years may sponsor his or her aunt, uncle or first cousin as a member of the family class, but may only sponsor one such person during his or her lifetime.

(6) A Canadian citizen who sponsors his or her aunt, uncle or first cousin pursuant to subsection (5) shall be responsible for their charge for a period of ten years following their arrival in Canada."

After debate, the question being put on the amendment, it was negatived on the following division:

NAYS: Mark Assad, Raymonde Folco, Steve Mahoney, John Finlay, John McCallum, Anita neville, Larry Bagnell, Yolande Thibeault (8).

YEAS: Inky Mark, Lynne Yelich, Madeleine Dalphond-Guiral, Judy Wasylycia-Leis, John Herron (5).

Clause 13 carried.

On Clause 14,

Steve Mahoney moved, -- That Bill C-11, in Clause 14, be amended by replacing line 21 on page 8 with the following:

permanent residents or foreign nationals, including the classes re-

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

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 14, be amended by replacing line 38 on page 8 with the following:

"processed or approved in a year, except those in respect of persons selected under subsection 12(3), the number"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 14, be amended by replacing line 44 on page 8 with the following:

class, on permanent residents and foreign nationals;

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

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 14, be amended by replacing line 46 on page 8 with the following:

"ties for failure to comply with undertakings, provided that persons on social assistance are not excluded from any family-based sponsorship;"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 14, be amended by adding after line 9 on page 9 the following:

"(3) The regulations shall not require

1. landing fees from dependents of refugees and members of a class of persons who have been granted entry to Canada on humanitarian grounds; and

(b) administrative or processing fees from refugees and persons who have been granted entry to Canada on humanitarian grounds."

After debate, the question being put on the amendment, it was negatived.

Clause 14, as amended, carried.

At 1:06 p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee