An Act to amend the Competition Act and the Competition Tribunal Act

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.

Sponsor

Brian Tobin  Liberal

Status

This bill has received Royal Assent and is now law.

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.

Competition ActRoutine Proceedings

April 4th, 2001 / 3:15 p.m.
See context

Bonavista—Trinity—Conception Newfoundland & Labrador

Liberal

Brian Tobin LiberalMinister of Industry

moved for leave to introduce Bill C-23, an act to amend the Competition Act and the Competition Tribunal Act.

(Motions deemed adopted, bill read the first time and printed)

Immigration And Refugee Protection ActGovernment Orders

February 27th, 2001 / 12:55 p.m.
See context

Canadian Alliance

Leon Benoit Canadian Alliance Lakeland, AB

Madam Speaker, I will start by congratulating you on your appointment to the chair. It is a real honour for me to be able to speak to this piece of legislation, Bill C-11.

I will first talk about what Canadians want from an immigration system. Second, I will address what they do not want. Then I will go through the legislation and point out 28 different areas that must be focused on and seriously looked at, at committee level. Those areas must be examined and in many cases modified through amendments to make the legislation something which serves what Canadians want and helps prevent what they do not want.

What do Canadians want? They want a system that works first for economic and independent immigrants. The current system clearly does not work well. Any one of us as members of parliament could point to individual cases and lots of them. In each constituency across the country there are hundreds of cases where the system has failed people and where it has taken them too long to work their way through it. The result has not made sense. These are not isolated cases. They are very common.

Our system in the past worked extremely well. I think about my constituency. I think about the immigrants who developed the area of Lakeland constituency. In the latter part of the 19th century immigration to Canada began with immigrants from Britain and then expanded to include Germany and almost every country in western Europe.

In the late part of the 19th century we had a Lebanese settlement which is still prominent in Lac La Biche and in parts of our constituency. They are a well established part of the community. They have helped build the community. In the late 19th century and in two other instances, after the first world war and the second world war, we had Ukrainian immigration from eastern Europe.

These immigrants have built our country. I think we all recognize this point. Every member of parliament could point to his or her constituency and to how immigration has worked in the past.

Why do we not learn from what has happened and what has worked in the past so that we can build a system that will work better in the future? That is what Canadians want in terms of independent categories.

Canadians also want a system which will reunite families quickly. When families are separated, either because family members have come as refugee claimants or have come under the independent categories, Canadians want a system which will reunite families quickly.

Again, every member of parliament in his or her constituency can point to dozens of situations where a member of a family came to the country and where a spouse or dependent children have not been allowed to come. The process has taken months and even years in many cases.

I can point to situations in my own constituency where husbands and wives have been waiting to be reunited for more than three years. Canadians want a system which will allow that to happen much more quickly and in a fashion that is expected from a well developed country like Canada.

Canadians also want a system which will accept genuine refugees. There is no doubt that Canadians support accepting genuine refugees. I have heard nothing but support for that from people from across the country. They want it right now. They know our system is failing genuine refugees.

For example, fewer than 5,000 of the 23,000 refugees that we accept each year are actually chosen from camps overseas where they have been designated as refugees by the United Nations. We bring in fewer than 5,000 of those people a year, and most of the people we bring in are not actually from camps. They are brought in from overseas, but they have been rejected by the system in another country. Very few actually come in from camps each year. Canadians want the system to focus on genuine refugees, and it is not doing that.

Canadians do not want a system which would allow abuse of our immigration system. Canadians do not want that. They do not want queue jumpers abusing the goodwill of our country and pushing aside others who would go through the system properly. That happens all too often. We all know that and I do not think there is any real doubt about it.

Canadians do not want people, who are not genuine refugees and who have been rejected by the system, to be allowed to stay in our country. Yet that happens. While our official acceptance rate for refugees is something like 50%, which is many times higher than the rate of most other countries, only 15% of all people who come to Canada claiming to be refugees are ever known to leave the country. That is what makes Canadians angry about our system and about the way the government allowed our system to fail. That is what Canadians do not want.

I want to read into the record the Canadian Alliance policy on immigration. The Canadian Alliance is a new political party. We are only slightly over a year old, so we do not have policy that is completely fleshed out in a lot of areas. There is a lot of work to be done. We are looking forward to our convention about a year from now where we will have a lot of policy fleshed out in a lot more detail.

Here is exactly what the Canadian Alliance policy book says about immigration. I am proud of it and I want Canadians to know about it. I do not want the misinterpretations and the false statements made by members of other political parties, by the media or anyone else to be allowed to stand, because they should not stand. Here is our policy:

We see Canada as a land built by immigrants and will continue to welcome new immigrants. We support sponsorship for immediate family members. Our immigration policy will take into account Canada's economic needs and we will introduce greater fairness and security into the system, including enforcement of sponsorship obligations. We will work co-operatively with the provinces on the settlement of immigrants.

We want to protect the integrity of the valuable contribution made to the fabric of Canada by millions of law abiding immigrants. We will not allow their good reputation to be jeopardized by non-citizens who engage in criminal activity and will speedily deport such individuals once their sentence has been served.

We affirm Canada's humanitarian obligation to welcome genuine refugees and are proud that our country has provided a safe haven for distressed people from across the world. To ensure fairness and end queue jumping, we will immediately deport bogus refugees and other illegal entrants, and will severely penalize those who organize abuse of the system.

That refers to people smugglers, people traffickers and that kind of thing. It continues:

We will ensure that refugee status is arbitrated expeditiously, consistently and professionally. We will end the abuse of refugee claims as a fast track to gain the benefits of landed immigrant status.

That is the Canadian Alliance policy on immigration, and I am proud of it. This policy came from the membership and all our members support it. I think we had the support of roughly three million Canadians in the last election. I am not sure of the numbers but 25% of all Canadians supported us in the last election. I think every one of them would be proud of our immigration policy. It is something we should all be proud of and I do take pride in it.

I will now get a little more specific. There are 28 areas of the bill that I believe require careful scrutiny by the committee. Now 28 is a large number, and every one of them is important, but I have only targeted the ones that I feel are important. As my time allows, I will quickly go through and point out the areas that must be carefully scrutinized by the committee. The committee must also have expert witnesses come in to present their views. This information will be valuable to make the legislation better.

First, the objective section of the bill, which is at the very beginning, says, in general terms, that what the immigration act is based on is new. That is one of the things that is new about the legislation. It is important that it is carefully discussed and scrutinized by the committee.

Some of the aspects of the new bill concern some very specific areas while other areas are very general and cover many different clauses of the bill. I wanted people to understand that as they are listening to these comments.

Second, I will deal with charter considerations. Clause 33(d), without much doubt, seems to be offering Canadian charter protection to non-citizens. No other country in the world does that. People who are not Canadian citizens and who do not even live in our country would be granted protection under our charter. How could a country do that? That protection is in the bill and it needs to be carefully scrutinized and changed as required. I encourage the committee to look at that.

A third very broad aspect of the legislation deals with what is actually in the legislation and what is left to regulation. A regulation can be changed by a minister or by department officials who tell the minister to change it. It can also be changed through order in council at any time without ever passing through the House.

This piece of legislation is very general and leaves far too much to regulation. There would be a void of accountability resulting from the legislation. That will become very obvious as I move ahead in my comments.

The fourth general area is the federal-provincial agreements and the consultations with the provinces. The agreements are referred to in the bill but there are no assurances that the provinces will have to go along with what the federal government proposes and what is put forth in regulation. The government only says that it will listen to the provinces on these issues. It will not necessarily demand the approval of the provinces. I think that is a concern. When we have an issue such as this, which has such a profound and direct impact on each province, the provinces should have a real say in what is in the immigration law.

The fifth point is the whole area of economic immigration which is the backbone of our immigration system. The independent categories of immigration consist of people who can very quickly add to our economy and make our country a stronger and better place to live. It is the guiding principle in the selection process that I will refer to first.

I find it of great concern that the single most important and a valuable component of Canadian immigration, the economic category, is only dealt with by a single sentence in the bill. It is hard to believe that there is only one sentence.

The single sentence in clause 12(1) would be the guiding principle on which countless regulations would be developed. The law in fact would be created through regulation. It is not in the bill. This is a real concern to me. How can we hold departmental officials, the minister and the cabinet accountable if there is no assurance that changes will be made by passing them through parliament?

I fully understand and accept that certain aspects of any legislation have to be left to regulation, but the balance in this legislation is way out of line.

The sixth area deals with the attempts made to streamline the immigration process. I have listened to new immigrants from one end of the country to the other, particularly from the greater Toronto area. Half of all immigrants settle in the greater Toronto area.

I actually set up a task force there over the past few years and had input from hundreds of new immigrants. Having listened to them, I found there was a recurring theme. People said that immigrating to Canada takes a painfully long time; the system does not work well; it is bureaucratic; and the people they deal with just do not seem to care. These were common sentiments. I am sure every member has heard these sentiments from people they have met or helped who had gone through the system.

The bill does not address in any way the effectiveness of the immigration department. It places no legislative requirement for setting or meeting stated immigration goals. How do we know whether we are succeeding if we do not have the goals clearly laid out in the legislation? It is not here and I think that certainly creates a real problem.

Guiding principles on family class immigration is the seventh point. The bill is excessively vague on who could be considered family. Only clause 12 actually defines family. The details are left to regulation through clause 14. That is the fact of the bill. As with the economic class, there are a few guiding principles regarding the family, which are laid out pretty much in one sentence in the legislation. Subsequently everything else would be left to the interpretation of the bureaucrats, the minister and the cabinet of the day.

Relying on regulation to guide Canada's immigration policy has failed thus far. It has failed Canadians and the people applying to come to our country alike. We must change the system so that we have clear principles laid out in the legislation which define the family, and I would encourage the committee to ensure that happens.

The eighth point is family class immigration reunification. It is important and goes along with defining a family and family reunification. It is important to determine whether a situation is actually a case of family reunification. If grandparents are brought to Canada, for example, when the majority of the family still lives in the country of origin or in another country, is it family reunification to bring the grandparents over to live with one child in Canada? That question has to be examined very carefully. It will be important for the committee to look at it and determine that.

The ninth point is a more narrow one. It is the issue of the common law spouse provision. In keeping with the first draft of the bill, Bill C-23, and this is the third draft, the minister has included a provision to define a family member as a common law spouse. This raises more questions than it answers.

Presently the immigration department has a very difficult time verifying a legitimate marriage. The department cannot deal with the huge problem of verifying whether a marriage is a marriage of convenience to accommodate immigration or whether it is a genuine marriage. How on earth would we deal with that when we allow a common law marriage to be used under the bill? It is an administrative impossibility and an administrative nightmare.

The tenth point is the authorization to enter and remain in Canada, the dual intent as it is laid out in the bill or the in Canada landing class. The legislation outlines a provision which would allow for that depending on the regulation. We do not know how wide or narrow it might be. It would allow a foreign national to enter Canada with the dual intent of visiting and then immigrating later.

Furthermore, the same section of the bill would create an in Canada landing class. This was taken out several years back because when it was in place it created a nightmare. It is exactly the same as it was 15 or 20 years ago in the old Immigration Act. The last major situation was created about 11 years ago in 1990. This exact situation led to a mass amnesty for anyone who came into the country illegally by the immigration department. These amnesties have not served us well. We are letting everyone in those situations, no matter what their background and without scrutiny, come into the country. This change would lead to the need for another amnesty.

I have only dealt with 10 out of 23, but I know I will have a chance to deal with the legislation in the future. I will close with a 30 second comment which has to do with the suitability of the current immigration minister to remain as minister.

She made comments about three million or more Canadians who supported the Canadian Alliance. She referred to Canadian Alliance members as racists, bigots and Holocaust deniers. I question whether that person has any right to remain as a minister of the crown, particularly the minister of immigration. I want her fired. I expect nothing less.

PetitionsRoutine Proceedings

February 9th, 2001 / 12:20 p.m.
See context

Canadian Alliance

Art Hanger Canadian Alliance Calgary Northeast, AB

Mr. Speaker, the last two petitions both deal with Bill C-23.

Fifty-seven petitioners request that parliament withdraw Bill C-23, affirm the opposite sex definition of marriage in legislation and to ensure that marriage is recognized as a unique institution.