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.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5:10 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Madam Speaker, I will be sharing my time with the hon. member for Laurentides—Labelle.

A policy without justice is an inadequate policy. Bill C-31 completely jeopardizes refugee rights. Never in human history have refugee rights been as threatened as they are under the Conservatives and never has our democracy been as discredited as it is under the Conservative government, which is unable to respect the compromises reached in consensus with the other parties.

The government seems to forget that our ratification of international conventions on refugee rights and human rights requires us to bring our laws and policies into line with the provisions of these international conventions.

Canada is a signatory to the 1951 Geneva Convention on Refugees. Bill C-31, intended to protect Canada's immigration system, respects neither the spirit nor the letter of the Geneva convention. Having read the bill, one wonders whether the Canadian Charter of Rights and Freedoms, adopted by the House in 1982, is still in effect in Canada.

Let us not forget that Bill C-31 is an omnibus bill, which seeks to amend the Immigration Refugee Protection Act by unfortunately incorporating into Bill C-4 the most unreasonable provisions of the former Bill C-11, which received royal assent in June 2010.

The government had three main goals in mind for this bill: revoking the majority of the compromises included in the former Bill C-11, Balanced Refugee Reform Act, which received support from all the parties; reintroducing Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act; and finally, introducing the use of biometrics into the temporary resident program.

Bill C-31 raises some serious concerns in addition to the those already raised by Bill C-4, the unconstitutional nature of which we have raised and highlighted in our previous interventions.

In my speech today, I would like to draw the attention of the House to some of the concerns that Bill C-31 raises. In reaction to the introduction of Bill C-31, the Canadian Association of Refugee Lawyers says that like the sorry Bill C-10, Bill C-31 is extremely complicated.

The most draconian measures in Bill C-4 have been integrated into Bill C-31. Let us look at a few examples. Bill C-4 provided for mandatory detention for one year for people fleeing persecution in their country of origin and entering Canada without identity documents in their possession. Also, Bill C-4 eliminated review of detention for refugees who are smuggled into Canada.

The provisions pertaining to detention found in Bill C-4, which are being reintroduced in Bill C-31, are a direct violation of our Constitution. Furthermore, the jurisprudence constante of the Supreme Court is categorical in this regard.

Why are the Conservatives attempting to put themselves above the rule of law, which is a key principle of our democracy, even though they are familiar with the precedents of our high court? Why are they attempting to mislead the House by proposing that it pass laws that they know violate not only our Constitution, but also the Canadian charter and human rights conventions that our country has signed? Pacta sunt servanda is a principle of international law. Signed conventions have to be respected.

Furthermore, lawyers specializing in refugee rights have said that they are deeply troubled by the short time frames that Bill C-31 gives refugee claimants to seek Canada's protection. They find that Bill C-31 drastically changes Canada's refugee protection system and makes it unfair. Bill C-31 imposes unrealistic time frames and unattainable deadlines on refugee claimants and uses the claimants' inability to meet those deadlines to exclude them from protection.

In fact, under the terms of Bill C-31, refugee claimants have only 15 days to overcome the trauma of persecution, find a lawyer to help them, gather the documentary evidence to support their allegations, obtain proof of identity from their country, scrape together the money for legal fees, present an articulate and coherent account of their life, and so forth.

Is there a woman who has been raped and traumatized who would be willing to tell her story to a stranger? I am a psychologist and I know that is impossible in the time provided.

Unsuccessful refugee claimants will have 15 days within which to file an appeal under Bill C-31. As everyone can see, the time frames imposed on refugee claimants are not long enough to allow them to make full answer and defence.

Under our justice system, the greater the risk to life, the longer the time frames given to the person being tried to prepare his defence. Bill C-31 does not respect this principle of fundamental justice.

I am also deeply concerned not only about the new term—designated country of origin—that Bill C-31 introduces into our legislation but also about the undemocratic nature of the process for designating the countries in question. Under Bill C-31, the minister alone has the power to designate safe countries of origin, without first defining the designation criteria for these countries.

According to the Canadian Association of Refugee Lawyers, the designated safe country list and the unilateral power granted to the minister dangerously politicize Canada's refugee system.

Refugee claimants who are on a designated safe country list have even less time to submit their written arguments and will not be allowed an appeal.

Bill C-31 also relieves the minister of the obligation of justifying why a country is safe and considering the differential risks that certain minorities face in a country that is safe for others.

If Bill C-31 is passed, refugees will become more vulnerable because their fate will depend on the political whims of the minister and the government. Failed claimants from designated countries of origin can be deported from Canada almost immediately, even if they have requested a judicial review of the decision. In other words, a person can be deported before his case is heard.

This shows us that the government has no understanding at all of the Geneva Convention relating to the Status of Refugees, which was adopted on July 28, 1951. The convention insists that the individual concerns of victims of persecution be taken into account. The Geneva convention does not state anywhere that international protection is granted to the victim of persecution based on the country in which the persecution was experienced.

Persecution of religious minorities does not occur solely in non-democratic countries, nor does discrimination based on sexual orientation occur solely in non-democratic countries. Race-based persecution can happen anywhere in the world. All signatories to the European Convention on Human Rights are democratic countries, but the jurisprudence of the European Court of Human Rights is teeming with rulings that condemn democratic states for abuses of individual rights.

If that is the case, by what objective criteria can the minister deny a person international protection based on the fact that he or she is from a particular country and claims to have been persecuted because of his or her sexual orientation or religion?

The process of designating countries of origin is not carried out by an independent, democratic entity. The government is judge and jury. It has the power to designate countries of origin considered safe, and it has the power to refuse protection provided for in the Geneva convention on refugee status without examining the merits of a given case.

I would also point out that under subclause 19(1) of Bill C-31, the government can, if it chooses, withdraw the international protection due to victims of persecution on the grounds that circumstances have changed in the refugee's country of origin. Under this provision, the government could now decide to send people to whom it granted international protection during the first and second world wars, for example, back to their countries of origin.

Subclause 19(1) also adds new terms to the section concerning loss of permanent resident status. It states that the existing criteria for withdrawing protection from asylum seekers can be grounds for loss of permanent resident status.

I will conclude with one final concern about changes that Bill C-31 makes to claims made on humanitarian grounds. Such claims enable a person to stay in Canada even if he or she is not eligible on other grounds. Unfortunately, under Bill C-31, applicants awaiting a refugee appeal division decision cannot simultaneously apply on humanitarian grounds.

This bill is unjust and cruel. It is antithetical to Canadian values of compassion for victims of persecution, and it must be defeated.

March 6th, 2012 / 5:10 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

You're familiar, obviously, with Bill C-4, which has now been incorporated into Bill C-31, the new immigration bill. Under Bill C-4, one could envisage groups of refugees being in detention, perhaps for as much as a year, as I understand it. Would you see that maybe in those cases where, for example, you have a family that's in detention, short-term electronic monitoring would be a way to keep them out of detention? Do you think the government might go in that direction?

It has been raised in the media that instead of keeping people in detention they could maybe be monitored for a while. Would you be in favour of that? Would you see that as cruel or would you see that as better than being in detention for up to a year?

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5:05 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Madam Speaker, when Bill C-11 was passed and we anticipated an implementation date of June 29 of this year, there was an expectation that we would have rooted out the issues of false claimants, that we would have put a process in place that would have exemplified to individuals thinking about claiming refugee status in Canada that if they did not have a true refugee claim, they would not be welcome in Canada, or it would not be approved and would be done so in a very expeditious manner.

What we learned, whether it was through crooked consultants or advice from individuals who understand how to manipulate and work around our process, is that they were not being scared off or they did not see the fear in applying in Canada. They simply found additional loopholes. Bill C-31 would eliminate, once and for all, the loopholes that allow bogus refugee claimants to come to Canada to seek refugee status. In fact, we will be assisting those who truly need help.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5:05 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Madam Speaker, I would like to point out once again that many people in LaSalle—Émard are in extremely difficult situations precisely because they are trying to claim refugee status. I have heard some very troubling stories.

I wonder if the Parliamentary Secretary to the Minister of Citizenship and Immigration could tell us why the government decided to amend the legislation and introduce Bill C-31, which, in the end, creates two categories of refugees and makes judgments regarding different refugee cases?

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5:05 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Madam Speaker, I appreciate that the leader of the Green Party spends a lot of time in the House doing her job as a member of Parliament, but she also went across this country saying time and time again that she was not coming to Parliament to criticize, that she was coming here to work with the government. I would say to her, with all due respect, that if we are going to use words like “internment”, they be used in their proper context. That is not what Bill C-31 represents. In fact, it is far from it.

When it comes to the detainee aspect of this bill, I will put into perspective the types of lives individuals coming to this country to seek refugee status have led up to that point. How they are treated here is humane, proper and, in fact, in almost every case is better than any type of treatment they received from the country they come from if they are true refugee applicants. If they are not true refugee applicants, they should not be here in the first place.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, there is much in this legislation that is deeply concerning to me and other members of the Green Party across Canada. I know the parliamentary secretary has referred to what happened in previous Parliaments, but I was not in the House at that time. However, I am deeply concerned about the approach that will be taken on refugees who arrive by what is called irregular entry.

Since Bill C-4 was introduced earlier this year, Bill C-31 appears to subsume Bill C-4 and provide it in a different fashion. I note now that we will not be interning children under 16 years of age, but what will happen to refugee families that arrive on our shore? Apparently, parents and anyone over the age of 16 who arrive at our shore will to be interned for a year. What will happen to children under the age of 16?

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 5 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Madam Speaker, it continues to boggle my mind that the opposition keeps suggesting that there are two levels of refugees in the world. That is wrong. There is only one. There are those who seek asylum and deserve it, and there are those who seek asylum and do not deserve it.

I appreciate the fact that the member works extremely hard on the immigration committee, and I respect her being here this afternoon, but she was not here in the previous Parliament when we passed Bill C-11 and moved toward a more balanced approach. Bill C-31 would make the process of safe country more transparent and more accountable. How that process would work is spelled out in the legislation and regulation, as is how and when the minister would be able to undertake the issue of safe country.

I come back to the original point of what the refugee system in this country is supposed to be about. It is supposed to be about assisting those who genuinely need the help of this country to seek a new life, to seek a new country and to seek new opportunity but it is for those who deserve it, not for those who attempt to get it under bogus means.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:55 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

So does the Toronto Star, as the minister has indicated. Therefore, to say that this word should not exist in this process is bogus.

Let me return to the quote. She said:

And there are far too many bogus claims that clog up the system, and use very expensive resources at a cost to Canadian taxpayers.

Who pays for those expensive resources? The taxpayers of our country. She went on to say:

I...like the fact that [the minister] is going to fast-track [some] claims, so they do not clog up the refugee system for genuine claimants. I have clients who've been waiting since 2009, early 2010 to have their hearing, and I represent many claimants from, let's say Africa, the Mid East countries, who base their claim on gender violence or Christian persecution in certain Middle East countries, and they have to wait, because the system is so clogged up with what I consider to be unfounded claims from citizens of safe country of origin.

Since I only have a minute left, I will not use anymore quotes. I have a feeling I will be able to use these over the next six days as we debate this to show that there are professionals involved in this industry who support what we are going with respect to the legislation.

I listened very closely to both the NDP and Liberal critics present their speeches. They told us who did not support the bill. Let me end with this. Millions upon millions of Canadians sent us here. In some respects they believe we did not go far enough. Canadians support the action we are taking with respect to C-31 and in terms of balancing refugee reform in the country. We will continue on their behalf.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:35 p.m.
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St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Madam Speaker, it is with great pleasure that I rise to speak to Bill C-31.

First, there are a couple of aspects that were brought up by the critics from the Liberal Party and the NDP with regard to Bill C-11, the balanced refugee reform legislation which was passed in the last Parliament. They claimed that bill is on hold, that it has not been implemented and that no acts within that bill have actually been processed. I want to clarify that they are factually incorrect. It needs to be identified in the House and on the record that there are two very important components of that bill that have continued.

The first is that prior to passing Bill C-11, there was a backlog in this country of over 60,000 refugee claimants. The process set in place by Bill C-11 would see that reduced significantly. In fact, that has happened. The backlog has been reduced to below 45,000 refugee applicants, which is a very critical component to the direction Bill C-11 was moving toward, which is to ensure that we do not have a tremendous backlog that would put us in an extremely difficult position in terms of processing applications.

The second is a point which the minister brought up during his speech. With the implementation of Bill C-11, we would see an additional 2,500 refugees, which is 20% on top of the current average. An additional 2,500 refugees would be able to settle in our country. We would accept those additional 2,500. Five hundred would be government-sponsored refugees and 2,000 would be privately sponsored.

I know what the Liberal Party and NDP critics' jobs are, but to hear them say that Bill C-11 has not moved forward and has not helped refugees or those in need is completely false. I suggest that when they get the opportunity, they should acknowledge that they supported two parts of that bill without reserve, and those parts continue to move forward today.

Turning now to Bill C-31, Canada welcomes more refugees per capita than any other G20 country in the world. I mentioned the additional 2,500 refugees that will settle in this country. They will, through the United Nations and private sponsorship, begin to come to this country.

The facts speak for themselves. In 2011, Canada received a total of 5,800 refugee claims from people in democratic, rights-respecting member countries of the European Union. That is an increase of 14% from 2010. It means that 23% of the total refugee claims come from the EU. That is more than Africa and Asia. In fact, Hungary is the top source country for people attempting to claim refugee status in Canada. Hungary is an EU member state. That means 4,400 or 18% of all refugee claims in 2011 came from Hungary. That is up 50% from 2010.

What is even more telling is that in 2010, of the 2,400 claims made by Hungarian nationals, only 100 of them were made in countries outside Canada. That means Canada received 2,300 of those claims, 23 times more than any other country in the world. That is not by accident. Those claims are being made for a reason. What is most important is that virtually all of these claims are abandoned, withdrawn or rejected. Refugee claimants themselves are choosing not to see their claims to completion, meaning they are actually not in genuine need of Canada's protection. In other words, these claims are bogus. They are false. They are untrue. These bogus claims from the EU cost Canadian taxpayers over $170 million a year.

At the federal level, we throw figures around in millions of dollars on a regular basis. However, if the average cost of a refugee claim is $55,000 and upwards of only 38% of those claims are actually approved, we can see what we now accept and have to deal with. It costs $170 million to deal with bogus claims and claims that are withdrawn or abandoned. That money should not go to defend and try to articulate and determine whether these are actual refugees. It should go to refugees who are in fact approved and need the assistance, whether it be for settlement services, education or whatever it may be to help them acclimatize and learn about our Canadian system.

Bill C-31, the protecting Canada's immigration system act, is part of our plan to restore integrity to our asylum system. It would make Canada's refugee determination process faster, fairer, stronger and more appealing. It would ensure that we would go through this process in a faster way so that legitimate refugees would be able to settle into the country and be approved. As well, we would remove bogus claimants in a much quicker, more expedient way so that we could actually deliver services to those who deserve them.

The monetary aspect is not why we are moving forward with the legislation. However, with the implementation of Bill C-31, over the next five years, we will see a savings to taxpayers across the country of close to $1.65 billion.

Bill C-31 would also help speed up refugee claims in a number of ways. One major component is the improvements to the designated countries of origin provisions. It would enable the ministry to respond more quickly to increases in refugee claims from countries that generally did not produce refugees.

The minister and I spoke earlier of what we saw in the European Union. That is specifically why we will be able to ensure with a safe country that we can process and work through the response in a period of up to, and no more than, 45 days. That is compared to a process which now takes upward, and in many cases exceeds, 1,000 days. It goes on and on.

Much of the determination of which countries would be designated would be determined on criteria clearly outlined in both the legislation and within the ministerial order. For example, for a country to be considered relatively safe, more than 60% of its asylum claims are withdrawn or have been abandoned by the claimants themselves, or more than 75% of asylum claims are rejected by the independent Immigration and Refugee Board. If that is not an objective, neutral test, I am not sure how the opposition could actually come up with one.

Because there will be countries that do not have a threshold in terms of the numbers who come to our country and claim refugee status, where there are not enough of those claims to make an objective quantitative assessment, clear qualitative criteria will be applied to determine the likelihood that a country would produce genuine refugees. This criteria will include, for example, an independent judicial system that recognizes and respects democratic rights and freedoms and whether civil society organizations exist and operate in that country.

In fact, unlike the Balanced Refugee Reform Act, which had both quantitative and qualitative criteria specified only in regulation, Bill C-31 would have its qualitative factors enshrined in legislation, while the quantitative factors would be set out in a ministerial order. In this way, the criteria used to trigger a country for review for designation would be more transparent and more accountable than under the Balanced Refugee Reform Act. It is an important criteria and important aspect to keep in mind as we debate the bill.

The designated country of origin provisions included in Bill C-31 would bring Canada in line with peer countries, like the United Kingdom, France, Germany and Switzerland, recognizing that some countries were safer than others.

The opposition likes to use the United Nations as an example, or at least as the leadership that we should follow in terms of how we recognize refugees and how we are supposed to stay in line with what should happen in dealing with refugees in our system, in our program in our country.

However, if I could just quote from the United Nations High Commissioner for Refugees, Antonio Guterres, who has himself acknowledged, “there are indeed Safe Countries of Origin and there are indeed countries in which there is a presumption that refugee claims will probably be not as strong as in other countries”. He also has agreed that as long all refugee claimants have access to some process, it is completely legitimate to accelerate claims from safe countries.

Under Bill C-31, every refugee claimant would continue to receive a hearing before the independent and quasi-judicial Immigration and Refugee Board regardless of where he or she may have come from. Furthermore, every refugee claimant in Canada would have access to at least one level of appeal. This is contrary to the opposition statements. These procedures exceed the requirements of both our domestic law and our international obligations.

Unfortunately, what is lost in a lot of the debate on the bill is the other equally important positive aspect that it will have. Not only will it result in fewer bogus claims abusing our generous immigration system, it will also allow for legitimate refugees who are in need of Canada's protection to receive that protection much sooner than they do now.

I want to stop at this point for a moment. Under Canada's current refugee determination system, it takes an average of two years before refugee claimants receive a decision on their case. Our system has become so backward that legitimate refugees are not in a position to move forward in a much quicker way. Our system has been overwhelmed by a backlog of cases. We have started to work toward a reduction of those cases, but we have not done enough and we need to do more, which is why we are debating Bill C-31.

It is important to remind the House and all Canadians that bogus refugee claims clog up our system. They result in legitimate refugees who are in genuine need of Canada's protection waiting far too long to receive that needed protection.

Bill C-31 would further deter abuse of Canada's immigration system by providing the government the authority to collect biometric data from certain foreign nationals who wanted to enter into Canada. The minister brought forward countless examples of serious criminals, human smugglers, war criminals and suspected terrorists, among others, who had come into this country in the past, sometimes repeatedly, up to eight times, even after having been deported. As fraudsters become more sophisticated, so too must the countries that are to protect their citizens. Therefore, biometrics will improve our ability to keep violent criminals and those who pose a threat to our country out.

Foreign criminals will now be barred entry into Canada thanks to biometrics. It is an important new tool that will help protect the safety and security of Canadians by reducing identity fraud and identity theft. Biometrics, in short, will strengthen the integrity of our system and help protect the safety and security of Canadians while helping facilitate legitimate travel.

Using biometrics will also bring Canada in line with other countries that are already ahead of us in that regard, the United Kingdom, Australia, European Union, New Zealand, United States and Japan, among others.

I would like to point out that while other countries around the world are using biometrics, opposition members voted against the use of biometrics and the funding to implement it, to assist with the safety of both Canadians and those entering our country. They determined they were not going to support what Canadians, if we were to ask them, probably believed should already have been implemented.

It is not likely surprising to anyone that I certainly do support the bill and that all of the government's efforts to improve our immigration system move us in the right direction.

However, what is telling about the bill is that a large number of experts and immigration stakeholders also support the bill. I heard from both critics, from the NDP and Liberals, that all lawyers across the country did not support the bill.

Bill C-31--Notice of time allocation motionProtecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:35 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, the bill that is currently being debated, Bill C-31, would protect and strengthen our immigration and refugee determination systems and it needs to be passed by June 29.

I would like to advise the House that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot an additional five days for the consideration and disposal of proceedings at the said stage.

That will result in a total of six days on which this bill will be debated. This is my best assessment of the time necessary to debate the bill fully, after I consulted the House leaders from the opposition parties.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, given how the minister has undermined the current study and previous study regarding immigration policy at the citizenship and immigration committee, the minister would have been better advised to have Bill C-4 go to the committee, or at least the issues that are now within Bill C-31, and let the committee deal with them. The committee could have had witnesses and stakeholders from across the country make presentations on that. It would have been far more transparent.

Ultimately, I am sure the member would likely agree that we would have had a much better progressive piece of legislation than what is before us today. The bill would have had a much better chance of being built on a consensus and maybe we could have done away with some of the very strong problem areas that are currently in the bill.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:30 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Madam Speaker, I would like to say that in the riding I have the pleasure of representing, there are many people with refugee status. There is a lot of confusion, and many people are worried. These people's stories are disturbing, and I am very upset and worried about them.

I have a question for my colleague from Winnipeg North because he is a member of the Standing Committee on Citizenship and Immigration. First there was Bill C-4, which was studied in the House. Now we have Bill C-31, and before that, there was Bill C-11. Is my colleague concerned that all of these changes will make the refugee claim process even more cumbersome?

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member has raised an issue on which I would love to elaborate, if I had more time.

The reality is that if a refugee is on that safe list, comes here, is in detention for a year and then gets out of detention, the person could wait four more years before he or she could sponsor a family member. Ultimately it could be an additional three or four years at least before the child might be able to join the person in Canada. That is the type of policy direction the government is moving toward with Bill C-31. That is why I would say it is far from being a family-oriented bill. This legislation would cause all sorts of despair within the refugee community, especially for someone who gets the unfortunate label of being an irregular or coming from a safe country.

Protecting Canada's Immigration System ActGovernment Orders

March 6th, 2012 / 4:30 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like to congratulate my colleague on his speech. I would also like to take this opportunity to say that the Minister of Immigration has some pretty strange ideas about asylum seekers and refugees, people who are persecuted and hunted, whose rights are trampled on and whose safety is in jeopardy. The minister talks about these people as though they could simply take their credit card, buy a plane ticket, make their way to the airport and come here to seek asylum or refugee status.

Sometimes, they have to do very difficult things. Sometimes, desperate times call for desperate measures. In response, the minister would punish them, accuse them and throw them in jail. Bill C-31 says that only the minister can designate countries as safe or unsafe. That is very dangerous because it creates a two-tiered system. I would like to know what my colleague thinks of this situation. What would be a more reasonable alternative?