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MINUTES OF PROCEEDINGS
 
Meeting No. 33
 
Monday, November 22, 2010
 

The Standing Committee on Citizenship and Immigration met at 3:31 p.m. this day, in Room 7-52, 131 Queen St., the Chair, David Tilson, presiding.

 

Members of the Committee present: Josée Beaudin, Olivia Chow, Rick Dykstra, Nina Grewal, Robert Oliphant, Thierry St-Cyr, David Tilson, Justin Trudeau, Tim Uppal, Alice Wong and Borys Wrzesnewskyj.

 

Acting Members present: Joe Preston for Terence Young.

 

In attendance: House of Commons: Wayne Cole, Legislative Clerk. Library of Parliament: Daphne Keevil Harrold, Analyst; Anna Gay, Analyst.

 

Witnesses: Department of Citizenship and Immigration: Brenna MacNeil, Director, Social Policy and Programs; Elaine Ménard, Legal Counsel, Legal Services.

 
Pursuant to the Order of Reference of Thursday, September 23, 2010, the Committee resumed consideration of Bill C-35, An Act to amend the Immigration and Refugee Protection Act.
 

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

 

The witnesses answered questions.

 
The Committee resumed consideration of the amendment of Olivia Chow, — That Bill C-35, in Clause 2, be amended by adding after line 11 on page 3 the following:

“(9) Every foreign national who seeks to enter or remain in Canada must disclose the use of any entity, or person acting on its behalf, that has provided services to assist the foreign national in connection with an application under this Act.”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
Olivia Chow moved, — That Bill C-35, in Clause 2, be amended by adding after line 11 on page 3 the following:

“(9) The Minister may, at the request of a foreign national in Canada who is subject to a removal order, stay the order if the Minister is of the opinion that the foreign national received services from a person who is alleged to have committed an offence under subsection 91(1); the stay may remain in effect until a decision is made with respect to that offence.”

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 

Clause 2, as amended, carried.

 

On new Clause 2.1,

Olivia Chow moved, — That Bill C-35 be amended by adding after line 11 on page 3 the following new clause:

“2.1 Section 117 of the Act is amended by adding the following after subsection (1):

(1.1) Evidence that 40 or more passengers of a vessel each possess a document in contravention of paragraph 122(1)(a) is, in the absence of evidence to the contrary, proof that any individual serving as a crew member of the vessel knowingly organized, induced, aided or abetted the coming into Canada of one or more persons in contravention of subsection (1).”

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 

Clause 3 carried.

 

On Clause 4,

Olivia Chow moved, — That Bill C-35, in Clause 4, be amended by replacing line 19 on page 3 with the following:

“time after”

 

After debate, by unanimous consent, the amendment was withdrawn.

 
Rick Dykstra moved, — That Bill C-35, in Clause 4, be amended by replacing line 19 on page 3 with the following:

“time within, but not later than, 10 years after”

 

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

 

Clause 4, as amended, carried.

 

On Clause 5,

Rick Dykstra moved, — That Bill C-35, in Clause 5, be amended by replacing line 32 on page 3 with the following:

“referred to in any of paragraphs 91(2)(a) to (c) in”

 

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

 
Rick Dykstra moved, — That Bill C-35, in Clause 5, be amended by replacing line 33 on page 3 with the following:

“connection with a proceeding — other than a proceeding before a superior court — or application”

 

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

 
Rick Dykstra moved, — That Bill C-35, in Clause 5, be amended by replacing lines 37 to 39 on page 3 with the following:

“ing that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications.”

 

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

 

Clause 5, as amended, carried.

 

On Clause 6,

Rick Dykstra moved, — That Bill C-35, in Clause 6, be amended by replacing, in the French version, line 17 on page 4 with the following:

“tion, relativement à une demande ou à une”

 

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

 
Rick Dykstra moved, — That Bill C-35, in Clause 6, be amended by replacing line 18 on page 4 with the following:

“connection with a proceeding — other than a proceeding before a superior court — or application”

 

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

 

Clause 6, as amended, carried.

 

Clause 7 carried.

 

On Clause 8,

Thierry St-Cyr moved, — That Bill C-35, in Clause 8, be amended by replacing line 35 on page 4 with the following:

“section 7, come into force on a day to”

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to.

 

Clause 8, as amended, carried.

 

After debate, the Short Title was negatived on the following recorded division: YEAS: Rick Dykstra, Nina Grewal, Joe Preston, Tim Uppal, Alice Wong — 5; NAYS: Josée Beaudin, Olivia Chow, Robert Oliphant, Thierry St-Cyr, Justin Trudeau, Borys Wrzesnewskyj — 6.

 

The Title carried.

 

The Bill, as amended, carried on division.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-35, as amended, be reprinted for the use of the House at report stage.

 

At 4:15 p.m., the Committee adjourned to the call of the Chair.

 



Julie Lalande Prud'homme
Clerk of the Committee

 
 
2010/11/23 2:18 p.m.