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.

Citizenship and Immigration Committee, on April 26, 2012

  • Dawn Edlund, Associate Assistant Deputy Minister, Operations, Department of Citizenship and Immigration
  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration
  • Les Linklater, Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
  • Daniel Thérrien, Assistant Deputy Attorney General, Department of Justice
  • Michael MacDonald, Director General, National Security Operations Directorate, Public Safety Canada

Citizenship and Immigration Committee, on April 30, 2012

  • Les Linklater, Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
  • Peter Hill, Director General, Post-Border Programs, Canada Border Services Agency
  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration
  • Michael MacDonald, Director General, National Security Operations Directorate, Public Safety Canada
  • Alexandre Roger, Procedural Clerk, House of Commons
  • Joe Oliver, Director General, Border Integrity, Royal Canadian Mounted Police
  • Marie Estabrooks, Manager, Biometrics Policy (programs and projects), Emerging Border Programs, Canada Border Services Agency
  • Chuck Walker, Director General, Canadian Criminal Real Time Identification Services, Royal Canadian Mounted Police
  • Alain Desruisseaux, Director General, Admissibility Branch, Department of Citizenship and Immigration
  • Sean Rehaag, Assistant Professor, Osgoode Hall Law School, York University, and Representative, David Asper Centre for Constitutional Rights - University of Toronto
  • Audrey Macklin, Representative, Professor, Faculty of Law and School for Public Policy and Governance, University of Toronto, David Asper Centre for Constitutional Rights - University of Toronto
  • Barbara Jackman, Lawyer, As an Individual

Citizenship and Immigration Committee, on April 30, 2012

  • Martin Collacott, Spokeperson, Centre for Immigration Policy Reform
  • Peter Showler, Director, Refugee Forum, Human Rights Research and Education Centre, University of Ottawa
  • Noa Mendelsohn Aviv, Director, Equality Program, Canadian Civil Liberties Association
  • Julie Taub, Immigration and Refugee Lawyer, As an Individual
  • Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association
  • Toni Skarica, Crown Attorney, Ministry of the Attorney General of Ontario
  • Debbie Douglas, Executive Director, Ontario Council of Agencies Serving Immigrants (OCASI)
  • Francisco Rico-Martinez, Regional Director, Toronto, Ontario Council of Agencies Serving Immigrants (OCASI)

Citizenship and Immigration Committee, on May 1, 2012

  • Richard Kurland, Policy Analyst and Attorney, As an Individual
  • Tamra Thomson, Director, Legislation and Law Reform, Canadian Bar Association
  • Peter Edelmann, Member, National Immigration Law Section, Canadian Bar Association
  • Ezat Mossallanejad, Policy Analyst and Researcher, Canadian Centre for Victims of Torture
  • Derek Fildebrandt, National Research Director, Canadian Taxpayers Federation
  • Mitchell Goldberg, Lawyer, Member of the Committee on Immigration and Citizenship, Barreau du Québec
  • Nicolas Plourde, President of the Bar, Barreau du Québec

Citizenship and Immigration Committee, on May 1, 2012

  • Andrew Wlodyka, Barrister and Solicitor, As an Individual
  • Jennifer Egsgard, Member, Human Rights Watch Canada
  • Bill Frelick, Director, Refugee Program, Human Rights Watch
  • Meb Rashid, Medical Doctor, Crossroads Clinic, Women's College Hospital
  • David Matas, Lawyer, As an Individual
  • Christine Hyndman, Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
  • Stephen Dunstan, General Manager, Settlement and Attraction Division, Immigration Group, Department of Labour, New Zealand
  • Fraser Richards, Acting Director, Legal Business, Legal Group, Department of Labour, New Zealand

Citizenship and Immigration Committee, on May 2, 2012

  • Herbert Grubel, Senior Fellow, Fraser Institute, As an Individual
  • Janet Cleveland, Psychologist and Researcher, Transcultural Research and Intervention Team, Division of Social and Cultural Psychiatry, McGill University
  • Cécile Rousseau, Professor of Psychiatry and Researcher, Transcultural Research and Intervention Team, Division of Social and Cultural Psychiatry, McGill University
  • Rivka Augenfeld, Spokesperson, Table de concertation des organismes au service des personnes réfugiées et immigrantes
  • Richard Goldman, Spokesperson, Table de concertation des organismes au service des personnes réfugiées et immigrantes
  • Dan Bohbot, President, Quebec Immigration Lawyers Association (AQAADI)

Citizenship and Immigration Committee, on May 2, 2012

  • Carole Dahan, Barrister and Solicitor, As an Individual
  • Andrew Brouwer, Barrister and Solicitor, As an Individual
  • Imre Helyes, First Counsellor, Head of Consular Section, Embassy of the Republic of Hungary
  • James Milner, Assistant Professor, Department of Political Science, Carleton University, As an Individual
  • Chantal Desloges, Senior Lawyer, Chantal Desloges Professional Corporation
  • Mary Crock, Professor of Public Law, Faculty of Law, University of Sydney, As an Individual

Citizenship and Immigration Committee, on May 3, 2012

  • Delphine Nakache, Assistant Professor, Faculty of Social Sciences, School of International Development and Global Studies, University of Ottawa, As an Individual
  • James Bissett, As an Individual
  • Chantal Tie, Working Group Chair, Inland Protection, Canadian Council for Refugees
  • Loly Rico, Vice-President, Canadian Council for Refugees
  • Marc Sougavinski, Director General, Centre de santé et de services sociaux de la Montagne
  • Marian Shermarke, Clinical Advisor, Centre de santé et de services sociaux de la Montagne
  • Donald Galloway, Co-Chair, Legal Research Committee, Canadian Association of Refugee Lawyers
  • Lesley Stalker, Member-at-large, Canadian Association of Refugee Lawyers

Citizenship and Immigration Committee, on May 3, 2012

Citizenship and Immigration Committee, on May 7, 2012

  • Catherine Dauvergne, Canada Research Chair in Migration Law, University of British Columbia, Faculty of Law, As an Individual
  • Sharryn Aiken, Associate Professor, Faculty of Law, Queen's University, As an Individual
  • Kelsey Angeley, Student, B. Refuge, McGill University
  • Karina Fortier, Student, B. Refuge, McGill University
  • Alex Neve, Secretary General, Amnesty International Canada, Amnesty International
  • Béatrice Vaugrante, Executive Director, Amnesty International Canada Francophone, Amnesty International
  • Christoph Ehrentraut, Counselor, European Harmonization Unit, Federal Government of Germany
  • Excellency Bernhard Brinkmann, Ambassador, Delegation of the European Union to Canada
  • Anja Klabundt, Counsellor, of European Harmonization Unit, Ministry of the Interior, Federal Government of Germany
  • Roland Brumberg, Counselor of Unit Immigration Law, Federal Government of Germany
  • Ioana Patrascu, Legal Officer, Directorate General, Home Affairs, Asylum Unit, European Commission
  • Angela Martini, Policy Officer, Directorate General, Home Affairs, Border Management and Return Policy Unit, European Commission

Citizenship and Immigration Committee, on May 7, 2012

  • Walter Perchal, Program Director, Centre of Excellence in Security, Resilience, and Intelligence, Schulich Executive Education Centre
  • Ward Elcock, Special Advisor on Human Smuggling and Illegal Migration, Privy Council Office
  • Donald Loren, Faculty, Centre of Excellence in Security, Resilience, and Intelligence, Schulich Executive Education Centre
  • Laurette Gauthier Glasgow, Special Advisor, Government Relations, Diocese of Ottawa, Anglican Church of Canada
  • Canon William Prentice, Director, Community Ministry, Diocese of Ottawa, Anglican Church of Canada
  • Lorne Waldman, Partner, Lorne Waldman and Associates, As an Individual
  • Furio De Angelis, Representative in Canada, Office of the United Nations High Commissioner for Refugees

Citizenship and Immigration Committee, on May 9, 2012

  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration
  • Monique Frison, Director, Identity Management and Information Sharing, Department of Citizenship and Immigration
  • Warren Woods, Manager, Asylum Policy and Programs, Department of Citizenship and Immigration

Citizenship and Immigration Committee, on May 9, 2012

  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration

Citizenship and Immigration Committee, on May 10, 2012

  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration
  • Matthew Oommen, Senior Counsel, Legal Services, Department of Citizenship and Immigration
  • Scott Nesbitt, Counsel, Canada Border Services Agency, Department of Justice
  • Nicole Lefebvre, Acting Director, Inland Enforcement, Programs Branch, Canada Border Services Agency
  • Allan Kagedan, Director, National Security Operations, Public Safety Canada

Citizenship and Immigration Committee, on May 10, 2012

  • Jennifer Irish, Director, Asylum Policy and Programs, Department of Citizenship and Immigration
  • Matthew Oommen, Senior Counsel, Legal Services , Department of Citizenship and Immigration
  • Monique Frison, Director, Identity Management and Information Sharing, Department of Citizenship and Immigration
  • Allan Kagedan, Director, National Security Operations, Public Safety Canada