Bill S-8

An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;
(b) expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person; and
(c) expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act .
It also makes consequential amendments to the Citizenship Act and the Emergencies Act .
Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.1(1)(a) of the Immigration and Refugee Protection Act .

Immigration and Refugee Protection Act

[Marco Mendicino, Liberal, Minister of Public Safety]

moved that Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations, be read the second time and referred to a committee.

Mr. Speaker, for almost 10 months, Canadians have watched in shock and horror at Russia's unjust, abhorrent and illegal invasion of Ukraine. On February 24, 2022, without provocation, Russian forces initiated this egregious step, which is a blatant violation of international law, the charter of the United Nations and the rules-based international order.

The attacks have caused widespread devastation of Ukrainian infrastructure and property, as well as unnecessary deaths of Ukrainians, including civilians.

These actions are a continuation and acceleration of the violent steps taken by Russia since early 2014 to undermine Ukrainian security, sovereignty and independence. The Government of Canada is committed to supporting those fleeing the destruction and devastation in Ukraine and to providing a safe haven for those fleeing their war-torn home country.

As we said since the beginning, whether it is military, political or economic support, Canada will continue to be there for Ukraine and hold Russia accountable. In the face of such brazen disregard for the international order, the Government of Canada has responded to the Russian invasion of Ukraine through the use of economic measures, including sanctions, to send a clear and unequivocal message that the aggression displayed by the Russian regime will not be tolerated.

These measures apply pressure on the Russian leadership to end its senseless war, which has resulted in the loss of thousands of lives and caused indescribable suffering to the people of Ukraine. These measures are the latest example of Canada's unwavering commitment to Ukraine and its people.

Since the invasion of Ukraine commenced in February, the Government of Canada has imposed sanctions under the Special Economic Measures Act on almost 1,200 individuals in Russia, Ukraine and Belarus.

Further targeted sanctions are planned in response to Russian aggression, demonstrating that Canada is a leader in the international effort to hold Russian leaders accountable for this violent and unprovoked attack on Ukraine.

More recently, the Government of Canada imposed additional sanctions under SEMA against Iranian officials in response to the Iranian regime's ongoing grave breaches of international peace and security and gross human rights violations. These breaches and violations include its systemic persecution of women and, in particular, the egregious actions committed by Iran's so-called morality police, which led to the death of Mahsa Amini while in their custody.

Targeted sanctions have been imposed against senior Iranian officials and prominent entities that directly implement repressive measures, violate human rights and spread the Iranian regime's propaganda and misinformation.

The legislative amendments we are introducing to the Immigration and Refugee Protection Act would provide Canada with much needed abilities to better align government-imposed sanctions with authorities related to immigration enforcement and access to Canada. The IRPA defines when a person is inadmissible to Canada and establishes the applicable criteria for all foreign nationals and permanent residents who seek to enter or remain in Canada.

However, IRPA, as it stands, is incongruous with our inadmissibility regime. Its inadmissibility provisions do not clearly align with the basis for imposing the majority of SEMA sanctions issued against Russia and Iran.

Issuing sanctions against these countries on the grounds of a grave breach of international peace and security, which has resulted in the serious situation that we see today, does not automatically trigger inadmissibility. This means that most individuals sanctioned pursuant to SEMA may nevertheless have access to travel to, enter or remain in Canada if they are not otherwise deemed inadmissible.

This runs counter to Canada's policy objectives with respect to the measured application of sanctions and restrictions on foreign nationals who are part of the Russian or Iranian regimes or who are key supporters of those regimes.

Legislative amendments are required on an urgent basis to align the IRPA sanctions inadmissibility regime clearly with that of SEMA.

That is why I am here today to introduce Bill S-8, an act to amend the Immigration and Refugee Protection Act, which would, among other things, expressly align the IRPA with SEMA to ensure that all foreign nationals subject to sanctions under SEMA would be inadmissible to Canada.

If passed, the current inadmissibility grounds relating to sanctions would be expanded to ensure that foreign nationals subject to sanctions, for any reason under SEMA, would be inadmissible to Canada. This would include foreign nationals sanctioned not only in Russia, Belarus, Ukraine and Iran but also sanctioned individuals from Myanmar, South Sudan, Syria, Venezuela, Zimbabwe and North Korea.

In addition, these amendments would also modernize the current sanction inadmissibility framework set out in IRPA.

Allow me to explain the importance of this legislation and why I am seeking to pass it into law.

The amendments of this bill would allow for all sanctions related to inadmissibility grounds to be treated in a cohesive and coherent manner; strengthen inadmissibility legislation that we already have in place rendering persons subject to sanctions inadmissible to Canada; ensure that the sanctions imposed by the Government of Canada would have direct consequences in terms of immigration and access to Canada; and allow Immigration, Refugees and Citizenship Canada officials to deny temporary or permanent resident visas overseas and authorize Canada Border Services Agency officials to deny entry to and remove from Canada sanctioned individuals.

Once enforced, these amendments would apply to all foreign nationals who are subject to sanctions issued unilaterally by Canada and to their immediate family members. These changes would ensure that all Russian and Iranian officials sanctioned under SEMA, and their sanctioned supporters, are inadmissible to Canada.

Without the proposed amendments, those who are sanctioned in response to the situations in Ukraine and Iran are not necessarily inadmissible unless they have violated some other provision of IRPA. This proposed legislation would completely close that gap.

This approach also aligns with and builds on recent strong legislative activity.

For example, in the 2017 report by the Standing Committee on Foreign Affairs and International Development, entitled “A Coherent and Effective Approach to Canada's Sanctions Regimes: Sergei Magnitsky and Beyond”, the committee recommended that the IRPA be amended to designate all individuals sanctioned under SEMA as inadmissible to Canada.

Subsequently, also in 2017, the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky law or Bill S-226, came into force. This act created two new inadmissibility grounds, which aligned with certain sanctions, provisions related to international human rights violations, and significant corruption. Subsequent amendments to the IRPR were also made, so that delegated CBSA officers, as opposed to the immigration division of the Immigration and Refugee Board, were empowered to issue removal orders directly at ports of entry for individuals inadmissible pursuant to the newly created sanctions inadmissibility provisions.

This ensured that these individuals would not have to be physically referred into Canada for admissibility hearings before the Immigration Division.

Finally, budget 2018 provided the CBSA with the necessary funding to work with Global Affairs Canada and Immigration, Refugees and Citizenship Canada to ensure that inadmissible sanctions cases are identified as early as possible in the travel continuum to prevent them from gaining access to our country.

These investments and the effective work of border management and immigration officials in Canada and abroad support the proposed legislative amendments that I am seeking your support for today.

Furthermore, while funding from budget 2018 ensured the proposed amendments were completed in a timely manner, the timeline of this proposal was adjusted to realign with border management and public safety priorities related to the necessary COVID-19 pandemic response. Nevertheless, proactive development of the amendments in Bill S-8 has enabled a timely legislative response to the Russian invasion of Ukraine and Iran's violent crackdown against civilian protesters.

Further to the work already done, there are additional complementary and coordinating amendments introduced in this bill, which are required to align inadmissibility provisions with the sanctions provisions while maintaining the integrity of both frameworks.

First, all the sanctions inadmissibility provisions will be treated in a cohesive and coherent manner. This includes, for instance, adding a temporal element to all the sanctions inadmissibility provisions, which means that a person is inadmissible only for as long as they remain on a sanctions list. In addition, as is the case today with IRPA, immediate family members of foreign nationals inadmissible for sanctions are also inadmissible. Similarly, existing provisions of IRPA with respect to immigration, detention and sanctioned individuals would apply to the new sanctioned grounds.

Second, further legislative amendments in this bill would ensure that the inadmissibility framework related to multilateral sanctions, such as sanctions issued in concert with the United Nations, would be expanded to include groups or non-state entities, as opposed to only when states are sanctioned, as is the case today. Currently, sanctions issued against groups and non-state entities, such as al Qaeda or ISIL, do not automatically trigger sanctions-related inadmissibility ground. The proposed amendments would further facilitate interdiction and enforcement for sanctions issued multilaterally.

Make no mistake, the proposed amendments would improve Canada's ability to identify and stop sanctioned foreign nationals before they can get to Canada. In the event that some do nevertheless arrive at our borders, delegated CBSA officers would have the authority to issue removal orders immediately at ports of entry for all those inadmissible for sanctions.

It is important to note that sanctions inadmissibility is the most efficient and effective mechanism to swiftly identify inadmissible persons as early as possible in the travel continuum and to deny their ability to acquire a visa to Canada.

While other inadmissibility provisions may be applicable to some sanctioned individuals, it should not be assumed that all sanctioned individuals are also inadmissible for other grounds. Moreover, other potentially relevant inadmissibility grounds, such as those relating to engaging in war crimes, require extensive investigation, case-by-case analysis, and hearings before the Immigration and Refugee Board before they can be applied and yield consequences. It is not expected to be the case that all individuals who are sanctioned can in fact also be found inadmissible for some other ground under IRPA.

Unless there is a clear and specific ground for inadmissibility in IRPA against given individuals, immigration and border officers do not have the discretion to deny access to Canada. These amendments are therefore vital to ensuring consistent alignment between inadmissibility and sanctions.

Bill S-8 will also support other inadmissibility and immigration enforcement measures being pursued with respect to Iran. Additional measures against the Iranian regime were announced on October 7. The Prime Minister announced that the Government of Canada would be seeking to designate the Iranian regime under IRPA. This means that in addition to the individual sanctions, the top 50% of the most senior echelons and the members of the Iranian regime most responsible for egregious serial human rights violations will be considered inadmissible to Canada once the regime has been designated, and indeed that has been done.

Other refinements are included in the proposed amendments in Bill S-8. For instance, we will correct an inconsistency with respect to refugee policy that was created through Bill S-226. The Sergei Magnitsky law rendered inadmissible foreign nationals ineligible to make a refugee claim. However, multilateral sanctions such as those issued under the United Nations Act do not have the same consequence in IRPA.

Similarly, the Refugee Convention itself does not identify sanctions in and of themselves as sufficient to warrant exclusion from refugee protection.

The proposed amendments in this bill would correct that asymmetry and ensure that foreign nationals are not ineligible to have a refugee claim referred to the refugee protection division of the Immigration and Refugee Board on account of being inadmissible solely due to sanctions in line with Canada's international obligations.

Given the measures in place to deny sanctioned individuals access to our borders, in the rare case in which an individual can apply for refugee protection in Canada, all foreign nationals inadmissible due to sanctions who are granted refugee or protected person status would not be eligible to become permanent residents while those sanctions are in place. This is a balanced yet firm approach.

In addition, should a person inadmissible due to sanctions be subject to removal proceedings, they would be eligible to apply for a preremoval risk assessment, ensuring a fair assessment of risks facing them upon removal from Canada.

In recognition of sanctions being a deliberate statement of government policy, further amendments are proposed to narrow the available pathways to overcome inadmissibility for sanctions within IRPA.

I believe that lifting of the sanction in and of itself is the mechanism by which the consequences of a sanction should be avoided. As such, the bill proposes to remove access to ministerial relief for individuals who are inadmissible for sanctions. Furthermore, individuals inadmissible for sanctions would not have access to an appeal of the inadmissibility decision before the immigration appeal division, nor may they make an application for permanent residence on humanitarian and compassionate grounds, under our proposed amendments. Any request for recourse related to sanctions ought to be made to the sanctions-issuing body.

For example, individuals inadmissible due to sanctions imposed by Canada could submit an application for delisting to the Minister of Foreign Affairs.

In addition, as with all decisions under IRPA, the federal court will continue to have jurisdiction to conduct judicial review of inadmissibility determinations on the basis of sanctions.

The bill also includes coordinating amendments to the Emergencies Act and the Citizenship Act to maintain and clarify existing authorities related to sanctions inadmissibility in those pieces of legislation.

Now more than ever, we must move to align the Immigration and Refugee Protection Act sanctions regime with the regime under the Special Economic Measures Act.

The senators have agreed to adopt the motion and, to quote Senator Omidvar, have marked this bill as “super urgent”. I urge members to review Bill S-8 with the same sense of urgency. The bill will provide Canada with much-needed authorities to better link government sanctions, as well as the authorities necessary for our immigration officials to deny access to Canada. It will also better enable us to contribute to concerted action with our international partners.

The bill we are introducing in the House today is a prudent and comprehensive approach that would allow our government to respond to the Russian and Iranian regimes' aggression with appropriate immigration consequences.

This legislation and these amendments would provide a clear and strong message that the Government of Canada's comprehensive sanctions framework has meaningful and direct consequences, not only from an economic perspective, but from an immigration and access to Canada perspective as well. Doing so would allow us to stand up for human rights both here and abroad.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, what I find interesting is that in May, in one month, the Senate went through all the stages. It went through report, committee and debate stages to bring the bill back to the House in May. We are now in the last couple of days of 2022, and the government must be out of its debt-inducing legislation. It has decided to finally bring the bill forward.

Can the minister finally tell us why it took so long to get the bill before the House?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I understand that my colleague from the Conservative Party is quite anxious to see this legislation passed into law. All he needs to do, along with his colleagues in the Conservative Party, is vote for it. I cannot wait to see that moment.

However, I also want to assure him and all members of the chamber that, even as this bill has made its way though the parliamentary process, we have acted decisively. We have delivered among the strongest sanctions against those offenders against human rights and those who are visiting upon women and other vulnerable individuals in Iran the absolutely most atrocious violations with brutal attacks and the murders of the likes of Mahsa Amini.

That is why, in addition to this legislation, we made sure we designated the entirety of the Iranian regime under IRPA so we could prevent those who are most responsible, the architects of these violations, from ever setting foot in Canada again.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, I am very happy about this bill. Clearly, we need to pass it as soon as possible.

However, I do want assurances from the minister about something. Anyone deemed inadmissible on grounds of sanctions may request a review of the reasons for their removal. Generally, the people who are here, who belong to oligarchic families, who are subject to sanctions, are people with money. These are people who can activate every possible recourse and draw things out as long as possible. Has that been addressed?

I checked the legislative summary, but it was not clear. Are there concrete measures to prevent these people from using the money they stole from their people to draw out the process and avoid removal?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, the short answer is yes. There are provisions not just in this bill but in other legislation to quash the efforts of those who want to help the Iranian regime violate human rights.

In addition, the goal of this bill is to close the door on that kind of thing by making amendments to the Immigration and Refugee Protection Act. That is why I encourage my Bloc Québécois colleagues and all members of the House to support this important bill.

It is another way to curb those people's efforts and to stop inadmissible individuals from entering Canada under the Immigration and Refugee Protection Act. It is a way to defend human rights here and around the world.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, the NDP, of course, supports getting the bill to committee. It is an important step in terms of improving our sanctions regime, but there are other aspects that are not included in the bill. There has been a delay around bringing the bill forward. We have seen, of course, with the appalling violent invasion of Ukraine by the Putin regime, that there were, on the sanctions lists in other countries, people connected to the Putin regime who were not on the Canadian sanctions list. Therefore, parliamentary oversight is vitally important. Having access to the sanctions list for the public and public officials is extremely important too.

Will the government agree to amendments at committee stage that would allow us to improve the bill so that there would be more parliamentary oversight over our important sanctions regime?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I think my colleague, the House leader for the NDP, knows both me and our government to be very reasonable when it comes to making improvements to bills, certainly at the committee stage. We will be inviting a good, robust debate about the amendments that have been put forward.

I want to assure the member, though, that this bill would strengthen the regime under the IRPA. It would give us additional powers to make good on the suite of sanctions that we have delivered to the Iranian regime, and specifically to the perpetrators of egregious human rights violations to ensure they never set foot in Canada, because this is important. It is important to the women in Iran who are standing up for their rights and the ability to express themselves fully and freely, which all individuals, no matter where they are from and which country they were born in, have an inalienable right to do.

This legislation would ensure that Canada is a beacon of human rights by sending a very strong message that if anyone supports those transgressions, there are direct consequences. This bill, with its amendments, would allow us to advance that objective.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, after listening to the Conservatives' interventions, it seems as though they are eager to get moving with this bill and would like nothing more than to see it move on. I am sure we will not get the typical response from the Conservatives, who delay every piece of legislation, and they will not require putting up 50 speakers and then putting forward an amendment so they can put up another 50 speakers.

I wonder if the minister can comment on why it is important to get this piece of legislation to committee and ultimately have the legislation adopted. Why is it important to do that sooner rather than later?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I thank my hon. colleague from Kingston and the Islands for his hard work every day in this chamber and for being an advocate for human rights.

It is indeed the need to stand up for human rights that makes this particular bill so urgent. The individuals who are responsible for transgressions of human rights and who brutalize, torture and kill innocent women and other vulnerable individuals in Iran need to be held to account. Canada has been consistently and strongly outspoken on the need to deliver sanctions and consequences so they can never set foot in Canada and, equally, so no one in this country can in any way try to support or facilitate those transgressions of human rights.

What this bill proposes to do is strengthen our capacity to deliver those consequences by rendering people inadmissible. Through more clearly articulated and expressed language under the IRPA, we have the ability to make good on that.

The sooner we can get the bill to committee and the sooner we can pass it into law, the better. I am somewhat encouraged, and perhaps it is the time of year, by the anxiousness that I hear from our Conservative colleagues over moving forward with it.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, we heard extensively that the minister seems to be very proud of what the government is doing in terms of sanctioning. I am wondering on what day his government will register the IRGC as a terrorist organization.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I want to assure the member that by designating the entire Iranian regime under the IRPA, which is a provision that has only been reserved for the most egregious violations of human rights as well war crimes and genocide, we are putting within our crosshairs the IRGC. That is why this particular statutory mechanism is more fit for purpose. It allows us to look at the individuals most responsible for perpetrating egregious human rights violations to make sure they can never set foot in Canada, and ensures those who try to help the Iranian regime from here are not able to do so. This bill would make sure, with more precise language, that we are able to deliver on sanctions.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, what is it going to take to list the IRGC as a terrorist organization? The IRGC shot down PS752, which was done intentionally as a terrorist act. It funds Hamas, Hezbollah and other terrorist organizations throughout the world. It continues to commit all sorts of atrocities against its own civilians in Iran. Now it is participating in a defence co-operation agreement with Russia in the war in Ukraine by having kamikaze drones flown into civilian infrastructure to make winter long, cold and hard for Ukrainians.

Why will the government not wake up and finally list the IRGC as a terrorist organization, as Parliament called for unanimously in 2018?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I share my colleague's concern for the people of Ukraine. That is why this government has been out front in helping Ukraine with military aid, with humanitarian aid and by delivering sanctions that are at the very top tier to make sure we hold the members of the Iranian regime accountable.

As my colleague knows, this is about the difference between looking at just one tentacle and the entire entity. By listing the entire Iranian regime, we are also making sure to put the members of the IRGC who are responsible for these acts on the inadmissibility list. That is how we hold them responsible. We will continue to do whatever is necessary to stand with Ukraine.

[Adam Chambers, Conservative, Simcoe North, ON]

Mr. Speaker, before I start, I would like to ask for unanimous consent to split my time.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Is there unanimous consent?