Protecting Canada's Immigration System Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading to 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, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That 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, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed That, in relation to 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading to 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, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed That, in relation to 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, not more than four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Rights of the ChildStatements By Members

March 1st, 2012 / 2:10 p.m.
See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, at least 430 children are detained in Canadian prisons every year. These are children of refugees, children of war, children of famine and violence. Yet what are we offering them? A stay in prison with no education and no psychological support. Why? Because an officer felt that their parent could not appear before the authorities or because that parent could not satisfy the officer as to his or her identity. Is this going to improve? Certainly not.

Bill C-31would lengthen prison sentences for refugee claimants who arrive by boat with a so-called smuggler or, worse still, a group designated directly by the minister. And so dozens more children will be languishing in our prisons.

The Canadian Council for Refugees, an organization in Rosemont—La Petite-Patrie, maintains that this incarceration is contrary to the Canadian Charter of Rights and Freedoms and the international Convention on the Rights of the Child.

You can be sure that the NDP will be working hard to mobilize public opinion to ensure that Mr. Harper’s new prison cells never become filled with dozens of children—

February 29th, 2012 / 7:15 p.m.
See context

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, on November 29, I rose in the House to address what I thought was a disturbing trend happening at the Immigration and Refugee Board, or IRB. The trend appears to be that there are more and more Conservative appointments being made to that body and fewer and fewer claims for refugee protection are being accepted. We now have the lowest rate of approvals in Canadian history.

I and many MPs have stood in the House to highlight cases where the system appears to have failed and we have called on the government to act to help an immigrant family or refugee. Invariably, the minister or parliamentary secretary responds that all applicants have gone through our system and we must trust that the system works. They say that the process is fair. They claim the IRB is independent. They say that our system has several opportunities for appeal.

Most important, when asked if there is anything they can do to prevent a deportation of a particular individual, they often point out that they do not want cases to be decided by the whim of the minister or to be subject to political interference. I could not agree more with that sentiment, but political interference is, regrettably, becoming apparent throughout the system. How are we supposed to have faith in our system when we hear about patronage appointments made to the IRB?

When I asked the minister about patronage appointments in the House, he said that he knew of only two appointments that had Conservative ties. In less than 24 hours, we were able to find 16 former Conservative politicians, candidates, donors or advisers to ministers of the government had, in fact, been appointed to the IRB.

Since November, we have learned of two more recent patronage appointments, people appointed to the IRB apparently because of their Conservative ties as opposed to their independence or expertise. Worst of all, we have learned that these board members seem to be biased against granting refugee protection. One member, who was recently reappointed by the government, was reappointed despite granting zero out of 169 refugee claims that he heard.

This would not be so troubling if the lives of people were not at stake, but they are. The integrity of the IRB is critical to the integrity of the whole system. If we cannot trust the independence of the IRB, then all the appeal processes in the world do not matter. What we know about appeals, particularly in relation to the Federal Court of Canada, is that the appeals are not based on the merits of the case. They are not even based on the facts of the case. The appeal process simply determines whether the process was followed properly and whether procedural justice and natural justice principles were observed.

We are told to trust the independence of the system, but the minister introduced Bill C-31, which inserts great potential for political interference into our immigration system. With Bill C-31, we learn that the minister wants even more power to be concentrated in his office. He has backtracked on a pledge he made to all parties in the House and all Canadians to approach refugee issues with a better sense of fairness and balance.

The minister wants the discretion to designate countries, in his opinion, as safe. He wants the sole discretion to determine by that discretion who has access to the Refugee Appeal Division. The minister wants the sole discretion to decide if a refugee's arrival in Canada qualifies as irregular. The minister wants the power to impose mandatory detention for up to a year on people whose biggest crime may be thinking that Canada will offer them safety from persecution.

It is getting harder and harder to take the government's advice to trust the system. How can we when we see the creeping of political interference and political judgment into a process that should be quasi-judicial and completely free of any kind of partisan hand.

Will the government stop this disturbing trend toward injecting political ideology into our immigration system and return to a commendable record of having an independent IRB and immigration system?

Citizenship and ImmigrationOral Questions

February 28th, 2012 / 2:40 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

No it is not, Mr. Speaker. As is often the case, the member is completely wrong. In fact, there is nothing in Bill C-31 that would give a minister power to revoke permanent residency from anyone. There is already in the Immigration Refugee Protection Act a power for the Immigration and Refugee Board. That would be an independent, quasi-judicial body that can revoke protected status and/or permanent residency from people who obtained it fraudulently.

Yes, we do believe that people who fraudulently obtain asylum or permanent residency should have that reviewed. If they obtained it fraudulently, it can and should be revoked by the IRB, not by the minister.

Citizenship and ImmigrationOral Questions

February 27th, 2012 / 2:45 p.m.
See context

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, unfortunately, the problems associated with immigration are not limited just to waiting lists. Le Devoir revealed this morning that under Bill C-31, the Minister of Citizenship, Immigration and Multiculturalism wants to reserve the right to take permanent resident status away from anyone who ceases to be protected by refugee status. This is a major change that affects the status of thousands of residents.

Why make this change, which threatens permanent residents? And why concentrate so much power in the hands of the minister?

Citizenship and ImmigrationOral Questions

February 17th, 2012 / 11:20 a.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the Canadian Association of Refugee Lawyers has concerns in regard to Bill C-31, as does our party. It said, “The designated 'safe' country list, and the Minister's unilateral power to list countries, dangerously politicizes the refugee system”.

Will the minister agree to an amendment, similar to that contained in the bill from the last Parliament which passed the House unanimously, that would require the minister to make recommendations for countries to be listed from an advisory committee?

Citizenship and ImmigrationOral Questions

February 16th, 2012 / 2:45 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, if the opposition has some common-sense ideas for amending Bill C-31, I am open to hearing them. With the reform we are proposing, the system will continue to be the fairest in the world. Canada is going to provide protection for real refugees within two months, instead of two years under the current system. At the same time, we are going to address the wave of fake claims for asylum from democratic countries. If the opposition has any ideas for achieving that goal, we are open to hearing them, but we have to enhance the integrity of Canada's immigration system.

Citizenship and ImmigrationOral Questions

February 16th, 2012 / 2:35 p.m.
See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I appreciate the thoughtful question. Unfortunately, the premise is entirely wrong because the criteria for the designation of safe countries is laid out in Bill C-31. In part, it will include countries that have a rejection rate at the IRB of 85% or more. I am not the one who makes those decisions. It is the independent decision makers at the quasi-judicial independent IRB.

It is very interesting to see the member's indignation. All we are saying is that those claimants will not have access to the Refugee Appeal Division. The Liberals refused to bring in a refugee appeal division. It is this government that is finally creating the Refugee Appeal Division.

Protecting Canada's Immigration System ActRoutine Proceedings

February 16th, 2012 / 10:05 a.m.
See context

Conservative