Budget Implementation Act, 2008

An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts a number of income tax measures proposed in the February 26, 2008 Budget. In particular, it
(a) introduces the new Tax-Free Savings Account, effective for the 2009 and subsequent taxation years;
(b) extends by 10 years the maximum number of years during which a Registered Education Savings Plan may be open and accept contributions and provides a six-month grace period for making educational assistance payments, generally effective for the 2008 and subsequent taxation years;
(c) increases the amount of the Northern Residents Deduction, effective for the 2008 and subsequent taxation years;
(d) extends the application of the Medical Expense Tax Credit to certain devices and expenses and better targets the requirement that eligible medications must require a prescription by an eligible medical practitioner, generally effective for the 2008 and subsequent taxation years;
(e) amends the provisions relating to Registered Disability Savings Plans so that the rule forcing the mandatory collapse of a plan be invoked only where the beneficiary’s condition has factually improved to the extent that the beneficiary no longer qualifies for the disability tax credit, effective for the 2008 and subsequent taxation years;
(f) extends by one year the Mineral Exploration Tax Credit;
(g) extends the capital gains tax exemption for certain gifts of listed securities to also apply in respect of certain exchangeable shares and partnership interests, effective for gifts made on or after February 26, 2008;
(h) adjusts the rate of the Dividend Tax Credit to reflect corporate income tax rate reductions, beginning in 2010;
(i) increases the benefits available under the Scientific Research and Experimental Development Program, generally effective for taxation years that end on or after February 26, 2008;
(j) amends the penalty for failures to remit source deductions when due in order to better reflect the degree to which the remittances are late, and excuses early remittances from the mandatory financial institution remittance rules, effective for remittances due on or after February 26, 2008;
(k) reduces the paper burden associated with dispositions by non-residents of certain treaty-protected property, effective for dispositions that occur after 2008;
(l) ensures that the enhanced tax incentive for Donations of Medicines is properly targeted, effective for gifts made after June, 2008; and
(m) modifies the provincial component of the SIFT tax to better reflect actual provincial tax rates, effective for the 2009 and subsequent taxation years.
Part 1 also implements income tax measures to preserve the fiscal plan as set out in the February 26, 2008 Budget.
Part 2 amends the Excise Act, the Excise Act, 2001 and the Customs Tariff to implement measures aimed at improving tobacco tax enforcement and compliance, adjusting excise duties on tobacco sticks and on tobacco for duty-free markets and equalizing the excise treatment of imitation spirits and other spirits.
Part 3 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed or referenced in the February 26, 2008 Budget. It amends the Excise Tax Act to expand the list of zero-rated medical and assistive devices and to ensure that all supplies of drugs sold to final consumers under prescription are zero-rated. It also amends that Act to exempt all nursing services rendered within a nurse-patient relationship, prescribed health care services ordered by an authorized registered nurse and, if certain conditions are met, a service of training that is specially designed to assist individuals in coping with the effects of their disorder or disability. It further amends that Act to ensure that a variety of professional health services maintain their GST/HST exempt status if those services are rendered by a health professional through a corporation. Additional amendments to that Act clarify the GST/HST treatment of long-term residential care facilities. Those amendments are intended to ensure that the GST New Residential Rental Property Rebate is available, and the GST/HST exempt treatment for residential leases and sales of used residential rental buildings applies, to long-term residential care facilities on a prospective basis and on past transactions if certain circumstances exist. This Part also makes amendments to relieve the GST/HST on most lease payments for land on which wind or solar power equipment used to generate electricity is situated.
Part 4 dissolves the Canada Millennium Scholarship Foundation, provides for the Foundation to fulfill certain obligations and deposit its remaining assets in the Consolidated Revenue Fund, and repeals Part 1 of the Budget Implementation Act, 1998. It also makes consequential amendments to other Acts.
Part 5 amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to implement measures concerning financial assistance for students, including the following:
(a) authorizing the establishment and operation, by regulation, of electronic systems to allow on-line services to be offered to students;
(b) providing for the establishment and operation, by regulation, of a program to provide for the repayment of student loans for classes of borrowers who are encountering financial difficulties;
(c) allowing part-time students to defer their student loan payments for as long as they continue to be students, and providing, by regulation, for other circumstances in which student loan payments may be deferred; and
(d) allowing the Minister of Human Resources and Skills Development to take remedial action if any error is made in the administration of the two Acts and in certain cases, to waive requirements imposed on students to avoid undue hardship to them.
Part 6 amends the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions with respect to the processing of certain applications and requests in order to support the attainment of the immigration goals established by the Government of Canada.
Part 7 enacts the Canada Employment Insurance Financing Board Act. The mandate of the Board is to set the Employment Insurance premium rate and to manage a financial reserve. That Part also amends the Employment Insurance Act and makes consequential amendments to other Acts.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the recruitment of front line police officers, capital investment in public transit infrastructure and carbon capture and storage. It also authorizes Canada Social Transfer transition protection payments.
Part 9 authorizes payments to be made out of the Consolidated Revenue Fund to Genome Canada, the Mental Health Commission of Canada, The Gairdner Foundation and the University of Calgary.
Part 10 amends various Acts.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-50s:

C-50 (2023) Law Canadian Sustainable Jobs Act
C-50 (2017) Law An Act to amend the Canada Elections Act (political financing)
C-50 (2014) Citizen Voting Act
C-50 (2012) Law Appropriation Act No. 4, 2012-13

Votes

June 9, 2008 Passed That the Bill be now read a third time and do pass.
June 2, 2008 Passed That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be concurred in at report stage.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 121.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 116.
April 10, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 10, 2008 Passed That this question be now put.
April 9, 2008 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.

Citizenship and ImmigrationPrivilegeOral Questions

May 15th, 2008 / 3:05 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I rise on a question of privilege for which I have given you notice.

I believe that a breach of the rights and privileges of all members has occurred and that this constitutes contempt of Parliament.

For the last number of weeks, the government has run advertisements in newspapers across the country promoting unpopular amendments to the Immigration and Refugee Protection Act through Bill C-50, the budget implementation bill.

These advertisements amount to contempt of the House of Commons. These ads have both obstructed and prejudiced the proceedings of the House and its committees with dishonest and misleading information.

Furthermore, the use of public funds to promote legislation that is currently before the Standing Committee on Finance is flagrant interference by the government with the deliberations of members of Parliament and is defined by former Speaker Sauvé as a prima facie case of contempt.

On the first point, the advertisements that appeared in ethnic and mainstream news media, a copy of which I will table here today, are misleading for several reasons.

The headline of the ad reads, “Reducing Canada's Immigration Backlog”. The ad goes on to state that the Government of Canada is proposing measures to cut the wait times of the 925,000 applications in the immigration backlog.

Since the legislative changes will only affect applications submitted after February 27, 2008 and since they will have no impact on the backlog of the 925,000 applicants in the system before that time, this is a clear case of misleading government advertisements.

The word “backlog” is defined as “a quantity of unfinished business or work that has built up over a period of time and must be dealt with before progress can be made”. The definition is clear, but there is nothing in the legislative changes in Bill C-50 that deals with the “unfinished business” of the 925,000 applicants currently waiting to come to Canada.

The ad also states that there is an additional $109 million to speed up the application process.

What it does not tell the public is that there has been a cut of 49% in the spending of the immigration program at the department between 2006 and 2008. The actual spending in 2006 was $244.8 million and in 2008 it is $164.86 million. That is a cut of $80 million.

On my first point that the ads constitute contempt of Parliament due to their misleading nature, let me quote the definition of “contempt” as outlined in the 20th edition of Erskine May's Parliamentary Practice, chapter 10, at page 143:

It may be stated generally that any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt even though there is no precedent of the offence.

It is clear. The government advertisements are both an act and an omission. The government deliberately made misleading comments on the effects of the proposed legislation, and it deliberately omitted other information about the effects of the proposed legislation.

In attempting to shift the public debate through massive spending of public dollars on a partisan position of the government, it impeded the work of members to perform our duties and it is disrespectful of the role of the House of Commons.

Former Speaker Sauvé further ruled on October 17, 1980, which can be found on page 3781 of Hansard, that advertisements would constitute contempt of the House if there appeared to be “some evidence that they represent a publication of false, perverted, partial or injurious reports of the proceedings of the House of Commons”.

We know through the legislation before the House that the proposed changes have nothing to do with the backlog and that these ads appeared in the public even before the House of Commons finance and citizenship and immigration committees had a chance to study the issue.

Therefore, the intention of these ads is to mislead the public and mislead and disrespect the role of Parliament. These actions of the Conservative government were deliberate and should be considered a contempt of the House.

It is further considered an act of contempt against all hon. members when the government interferes with parliamentary deliberations by the spending of public funds. Madame Sauvé said on October 17, 1980:

--when a person or a government attempts to interfere with our deliberations through spending public money, or otherwise, directly or indirectly...such action would constitute a prima facie case.

The government is clearly interfering in the debate before the House and the Standing Committee on Finance through the spending of public money. According to the 2008 budget estimates, it is spending $2.4 million in public funds. Already $1.1 million has been spent, even while Parliament is considering this bill. More spending on advertisements is to come.

The sad truth is that there is a long history of governments attempting to insult the dignity of Parliament with advertising.

In 1989 the Progressive Conservatives placed misleading ads with respect to the GST prior to a vote in Parliament. In 1980 the Liberal government of the day placed ads across Canada promoting constitutional reform before it was approved by Parliament.

Former NDP leader Ed Broadbent said on September 25, 1989:

We believed that advertising that advocated a certain policy before it was approved by the Parliament of Canada...should not be supported by the spending of public funds. We said it in 1980; we repeat it now.

Sadly, I am repeating it again in 2008.

In conclusion, the very tenets of our parliamentary democracy are at risk if actions like these are not reprimanded and stopped.

On October 10, 1989, former Speaker Fraser ruled on similar actions taken by the then Conservative government in its promotion of the GST. He said:

--I want the House to understand very clearly that if your Speaker ever has to consider a situation like this again, the Chair will not be as generous. This is a case which, in my opinion, should never recur. I expect the Department of Finance and other departments to study this ruling carefully and remind everyone within the Public Service that we are a parliamentary democracy, not a so-called executive democracy, nor a so-called administrative democracy.

He went on to call the advertising campaign “ill conceived” and said that “it does a great disservice to the great traditions of this place”. Former Speaker Fraser continued:

If we do not preserve these great traditions, our freedoms are at peril and our conventions become a mockery. I insist, and I believe I am supported by the majority of moderate and responsible members on both sides of the House, that this ad is objectionable and should never be repeated.

Mr. Speaker, in your deliberations, I am sure you know that your decisions will affect future actions of the government. We cannot allow the floodgates to open to extreme partisan advertising paid for by the public purse. We must put a stop to this practice here and now.

I thank you for this time, Mr. Speaker, and I look forward to your ruling.

Citizenship and ImmigrationPrivilege

May 15th, 2008 / 10:05 a.m.


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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, under the stewardship of the Minister of Citizenship and Immigration, her department has engaged in placing advertising in numerous newspapers praising the virtues of the changes to the Immigration and Refugee Protection Act.

Unfortunately, the changes the ads are praising are contained in part 6 of Bill C-50, which is presently being studied in the Standing Committees on Finance and Citizenship and Immigration. Bill C-50 has not yet passed this House.

Another problem is that the moneys being used to pay for these ads have not been approved by the House. The moneys are contained in Bill C-50.

This blatant disregard of parliamentary procedure shows the complete contempt for this House on the part of the Minister of Citizenship and Immigration.

Mr. Speaker, I am asking you to rule on this matter and, should you rule in my favour, I am willing to move a motion to have the matter referred to the Standing Committee on Procedure and House Affairs.

Budget Implementation Act, 2008Statements By Members

May 9th, 2008 / 11:05 a.m.


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Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, it is time to pass Bill C-50, this year's first budget implementation bill. Every day constituents are calling and writing asking when Parliament will approve this important legislation.

Constituents know that included in this bill are measures to implement the landmark tax-free savings account. While some politicians might think the best place for taxpayers' hard-earned money is in government coffers, this Conservative government believes that it is better to stay where it belongs, and that is in the hands of hard-working Canadians.

The tax-free savings account would allow Canadians to place $5,000 into a sheltered account and then watch their money grow tax free without the tax collector ever being able to put his hands on it again. Simply put, this is the best thing that has happened to the tax system since the RRSP.

Canadians want Parliament to act before summer. I am asking all members of Parliament to support the important measures in this bill. Let us make Parliament work and give Canadians the tax-free savings account before summer.

Opposition Motion--The EconomyBusiness of SupplyGovernment Orders

May 8th, 2008 / 4:10 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, yesterday at the finance committee we had both big labour and big business. It was an interesting conversation with respect to Bill C-50, the budget implementation bill, and the EI issue around setting up a separate EI fund. They pointed out that this particular provision in the budget left something to be desired.

If we want to set up an EI fund distinct and separate from the government, we need to put in about $15 billion. The reason we need to put in about $15 billion is because when unemployment times are bad we want to be able to reduce premiums and when employment times are good we want to actually increase premiums. There is this sort of counter-cyclical effect. We would not, in effect, be taxing businesses when they are strained in economic times.

I wonder whether the parliamentary secretary would be interested in amending the budget provision bill so that instead of setting aside a mere $2 billion, which would do absolutely nothing, the government would put aside $15 billion so the EI fund would act in a counter-cyclical manner and would cushion the bad times and help in the good times. It actually was a recommendation that was made by actuaries in Canada.

Budget 2008Statements By Members

May 8th, 2008 / 2:05 p.m.


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Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, it is no surprise that Bill C-50, budget 2008's first implementation act, enjoys the support of the overwhelming majority of the members in the House.

While budget 2008 is widely acknowledged for its fiscal prudence, I am exceptionally proud of the many new and worthwhile investments contained in Bill C-50. Some of these investments include the creation of a $500 million public transit trust fund, a $400 million police officers recruitment fund, $110 million to the Canadian Mental Health Commission and $282 million over this and the next two years to extend new supports to survivors of our war veterans who are disabled or in financial need.

Those are but a few examples of the many substantial new investments that are contained in Bill C-50, a bill drafted by our outstanding Minister of Finance under the strong and principled leadership of our Prime Minister.

I encourage all members to assist the government in passing Bill C-50 as quickly as possible as our provincial and territorial governing partners, as well as many worthy organizations, eagerly await these new federal investments.

Opposition Motion--The EconomyBusiness of SupplyGovernment Orders

May 8th, 2008 / 10:30 a.m.


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Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, first of all, I would like to inform my colleague that we will support the NDP motion because we think that since this government presented the budget, it no longer deserves the confidence of the House. We should have triggered an election over these things and given the public the chance to debate and make different choices.

Two specific things in the motion caught my attention. It states that there is a gap fostered by this government's unbalanced economic agenda. The best example is the $10 billion surplus that was put towards the debt, when at least $7 billion of that was needed to stimulate the economy.

In terms of employment insurance, even Canada's actuaries are saying that the reform proposed in Bill C-50 is unacceptable.

My question is for my colleague. The Bloc will support the NDP, and we will see what the Liberals decide to do. Are we not at a crossroads, meaning that the government will have to answer to the public for its actions, because it seems determined to go against the wishes of the majority of citizens?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 12:25 p.m.


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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to participate in the debate on the motion to concur in the seventh report of the Standing Committee on Citizenship and Immigration that was moved by my colleague from Trinity—Spadina. I think it is important that we have this opportunity to talk about the work of the standing committee, particularly with regard to this report.

The report deals with the question of spousal sponsorships and removals from Canada. Specifically, the committee recommended that the government allow any applicant, unless he or she has serious criminality, who has filed his or her first in Canada spousal or common law sponsorship application, to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on his or her application. This is a very important recommendation from the standing committee.

I worked for a number of years on that standing committee. I know how carefully the committee members consider the propositions and the work that comes before them and how well they know Canada's immigration system. This recommendation emerged out of people's concern about how folks were being dealt with in our immigration system.

I want to stress that we are talking about first applications here. This is not a way of mounting an ongoing postponement of a removal action. It only applies to the first application.

An important aspect is that it allows the person being sponsored to work while his or her application is being considered. We know that many families in the circumstance of the spousal sponsorship application and establishing a family here in Canada are in desperate need of that income. That is very important to them. Certainly the Statistics Canada report that came out last week which shows the financial circumstances of immigrant families in Canada indicates the difficulties that they face. This drives home the point and the importance of this aspect of the committee's recommendation.

The key part of the recommendation asks that there be no removal action until there is a decision on an application. That particularly pertains to people who might not have an ongoing status in Canada when the application is made. It is very important that we not split up families in those circumstances.

The committee chose to stress this as well by the way it structured its recommendation, that serious criminality could still mean deportation. If there was serious criminality involved, that still needed to take precedence in the circumstances.

When the committee was working on this issue, it heard evidence from representatives of the Department of Citizenship and Immigration. In fact, the committee heard from Mr. Rick Stewart, the Associate Assistant Deputy Minister for Operations in the Department of Citizenship and Immigration. He gave a very succinct outline of the existing policy and how it works.

Mr. Stewart noted that family reunification is a key element of the Immigration and Refugee Protection Act. He said that the department and the government recognized that keeping families together helps people integrate into Canadian society and contributes to their success. It was good to hear that point reiterated by the department.

Mr. Stewart talked about the two situations in Canada where spousal applications are dealt with. One is an in status application, where spouses and common law partners who are already in Canada may apply for permanent residence in the spouse or common law partner class in Canada. In order to be eligible under this class, applicants must live with their sponsoring spouse or common law partner in Canada and they must have legal temporary status in Canada.

The second stream of applications in this regard that Mr. Stewart discussed was the out of status applicant. He pointed out that many applicants in the spouse or common law partner in Canada class have legal temporary status in Canada. However, for spouses and common law partners who are in Canada without legal immigration status, a public policy was introduced in 2005 to allow these individuals, including failed refugee claimants, to apply for and be processed in the in Canada class.

He went on to note that this public policy was implemented to facilitate family reunification in cases where spouses and common law partners are already living together in Canada, but who may have certain technical inadmissibilities resulting in a lack of status. He outlined that those technical inadmissibilities included things like having overstayed their temporary status, working or studying without being authorized to do so, entering Canada without a valid passport, the required visa or other documentations, or of being a failed refugee claimant.

He noted that the ability to submit an application in these cases allowed individuals to remain in Canada for a limited period of time, 60 days, to facilitate the processing of the application to the removal in principle stage. However, during this time, applicants were not allowed to apply for a work permit until they had obtained approval in principle. In addition to the initial 60 day deferral of removal. Once an applicant had obtained approval in principle, a stay of removal was granted until a final decision on the application was made.

That is the existing policy and that is how it operates.

What the committee is getting at is the need to have particular consideration of these. Where there is no question of criminality or no legal problems involved, other than questions around having legal status in Canada, immigration status in Canada, the person should be allowed to remain in Canada until the in Canada application is completely processed and a decision is made on that. This is a very reasonable consideration.

We always have said that Canada's immigration policy is not about separating families. I can remember repeating that to many constituents over the years, when I worked in the constituency office and now as an MP. It was always taken to be one of the fundamental principles of our immigration system, that Canada was not about splitting up families and that we should make this a very high priority, if not the high priority, of our immigration policies.

We all know the terrible trauma and frustration it causes when families are divided. We heard in the debate this morning the kinds of situations that arose when families were split up because of the way our immigration policy and processing system was applied. We know it is a very difficult situation for any family to face. It is particularly traumatic when it feels like it is because of some technicality or some overzealous application of the law that will separate these people, particularly when we know at some point they will be able to come back to Canada. It forces them out of the country, at great expense to the Canadian taxpayer, and then it forces them to go through the application process again, at great cost to the taxpayer. It does not seem like a reasonable approach.

There are many instances where it is very hurtful to the people involved. I think we all probably have examples of that.

I have worked with a family in my riding where there was an in Canada application. A mistake was made and the person being sponsored left Canada. When she returned, she was denied entry into Canada and removed immediately. At that time, her spouse was not allowed to see her before she was removed. The trauma and upset that caused led this person to become ill on the plane before the plane took off and she had to be hospitalized at a hospital near the airport. Again, the spouse was denied the opportunity to see her at that time, which was incredibly frustrating for them, given the trauma, the hopes and expectations they had. A further complication was the woman was pregnant. They were expecting their first child very shortly and looking forward to establishing their family in Canada.

It was a very difficult situation. She eventually was removed and then her partner in Canada had to go overseas to be with her when their child was born. Now they are involved in the wait of having her and their child returned to Canada. He has the difficulty of having to leave his job for a period of time. The family income is in question in that period as they try to sort this situation out and as he tries to be with his wife and young child at this very important time in their family history.

We see all of these circumstances. Granted mistakes are made, but it is how the government, the department and society respond to those very difficult, humanitarian and compassionate situations that constantly arise.

Although I do not think it specifically addresses the kind of specific case I just recounted, the Standing Committee on Citizenship and Immigration feels that we need to ensure we have the flexibility to deal with those situations fairly and compassionately and that we do not subject people to arbitrary time periods.

One of the key things about the motion is the 60 day period that is granted for the stay of removal in the current policy. That is very arbitrary. I read in the evidence presented before the committee that perhaps not many people were removed and that 60 day period was not enforced rigorously, which is probably a good thing. However, the reality is it has been enforced from time to time and it has caused great difficulty for the people involved when that decision has been made.

The committee has recommended that an unlimited stay be granted on the first application until the decision is made, which is entirely reasonable. We should not be seeking removal in that period until a decision is made on the sponsorship application. If it is appropriate to have 60 days, then I do not understand why it is not appropriate to see an application through to its conclusion and then either land the person or seek his or her removal if there is some problem with the application. What the committee has reported to us is very appropriate and I strongly support it.

There are related issues. Why, when there is a humanitarian and compassionate application before the department and the government, would we deport someone in those circumstances? Again, if there is a serious humanitarian and compassionate issue, it should be decided finally before somebody is removed from the country.

I know the motion does not deal with this, but it strikes me that is another area where we could look to a change in policy and make it more responsive to the needs of families in Canada. This would ensure that their priorities would be first in the policies of the Department of Citizenship and Immigration and the Government of Canada. Hopefully, at some point, the Standing Committee on Citizenship and Immigration will have the opportunity to review the policy and consider what is best for Canadian families in that regard.

When I hear the government argue against a reasonable recommendation from the Standing Committee on Citizenship and Immigration, like the one before use, I begin to question the government's commitment to family reunification in Canada. For many years, this has been a key principle of our immigration program. It is one of the principles on which immigration in Canada was built. It has been a cornerstone of what immigration in Canada is supposed to be about and one of the reasons why our immigration program has been so successful.

The government has questioned the need for a change in this policy by its dissenting report to the committee report. That is unfortunate because it plays into the whole sense that the current government is watering down Canada's commitment to family reunification on many fronts. The policy the committee is asking us to look at is a reasonable one. It would go to strengthening family relationships and its place in Canada. Unfortunately, the Conservatives denied that and would not support this policy when it was discussed in committee.

There are other ways the government is backing away from a commitment to family reunification in Canada. After the Conservatives became the government, I remember the first time the then minister of citizenship and immigration, who is now the Minister of Human Resources and Social Development, appeared before the Standing Committee on Citizenship and Immigration. It was a very momentous occasion. It was the first time a new minister in a new government appeared before a standing committee to discuss the important issues pertaining to policy related to the workings of that department. It was very instructive. The minister left family reunification out of the list of key principles of the immigration system.

Maybe it was an oversight, but I have to believe that on a first appearance of a new minister and a new government before a standing committee to deal with the minister's policy area, his statement was a carefully considered one, that every word, sentence and paragraph was carefully considered before the minister appeared. I would not expect it to be a last minute thing, something that was just dashed off. I would not even expect it to be something the minister himself sat down and dashed off at his computer before he came to the committee meeting. I would think it was carefully considered before that.

In the past, and even in the immigration law, we have seen the key principles of our immigration policy. It has almost been a mantra that has been repeated by all parties in the House for many years. We have talked about immigration being important to nation building in Canada. We have talked about immigration being important to the economic needs of Canada. We have talked about immigration and refugee policy being important for the protection of vulnerable refugees as a key aspect. We have always said, as part of that mantra, that family reunification was a key principle of our immigration policy.

Therefore, it was very significant when the former minister left family reunification off the list. I do not believe it was a mere oversight. I think it was intentional. When we look at the various policies and decisions of the government, we have seen that this was probably an indication of the direction of the government. Certainly its position on this committee report is another aspect of that.

We can go to the website of the Department of Citizenship and Immigration. If we go on the main pages of it and look at general categories and descriptions about what our immigration policy should be about, we would be hard pressed to find the phrase “family reunification”. I could not find it. One can get the application for family sponsorship, but in the descriptions of our immigration policy and its goals, the current government has left out family reunification. Again, that is a very serious oversight and another indication of exactly where the government will go with its immigration policies.

We see it again in the whole debate on Bill C-50 and the attempt by the government to stick something in a budget bill that pertains to immigration, to give the minister significant discretionary power to ignore applications that have been appropriately submitted in our immigration system and the ability to dismiss those applications without considering them. The Conservatives say that this is a way of dealing with the backlog and the large number of applications received. However, in this corner of the House, we do not believe that giving the minister power to choose to ignore an application, is an appropriate way to proceed on immigration policy and on the processing decision for immigration applications. Every application that is submitted and qualifies to be considered should be considered carefully by the department and the government.

It is another place where families are rightly concerned that their need for reunification, their need to have family members join them in Canada could easily be ignored and pushed aside for other priorities that would instead occupy the attention of the government.

We know there is a huge backlog in Canada of immigration applications. We have seen the government establish targets, I think it is around 265,000 applications this year. However, it has also introduced a new category of application where temporary foreign workers and students can apply from within Canada to remain in Canada as permanent residents. I think there are 25,000 applications to be accepted in that new category, but that comes from the overall target established by the government, which in turn will reduce the number of places available for family reunification in the overall target.

There is a serious problem with the government with regard to family reunification. The government's lack of support for this very reasonable and limited recommendation from the Standing Committee on Citizenship and Immigration is another indication of its failure to appreciate the importance of family reunification and of keeping families together, of not separating families in Canada. I hope the government will reconsider its position on this and ultimately support the concurrence motion from the Standing Committee on Citizenship and Immigration.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 12:25 p.m.


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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, to go back to my professor who said that BS baffles the brain, and he meant a Bachelor of Science, I do not think the parliamentary secretary knows what the heck he is talking about.

What abuse of the system is there by the woman who had the two Canadian children and wanted to stay in Canada? What abuse of the system is there by Mr. Firoozian who wants to support his family and he has to wait up to three years and his wife is going to have an operation?

We are talking about inland processing. We are not talking about Bill C-50. We are not talking about outside the country.

The parliamentary secretary should get his facts straight. He should get up in the morning, look in the mirror and ask, “Mirror mirror on the wall, is there any truth to what I am saying?” The mirror will look back at him and say, “I doubt it”.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 12:20 p.m.


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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, I asked two questions of the hon. member but in the fit of his explanation, he omitted to answer both questions.

The first question was, is there a certain amount of naivety to believe there would not be any abuse of the system if the motion went forward as suggested?

There is no question there are compelling cases and those have to be dealt with, but what we are speaking about today is a specific motion that says that the government should allow any applicant who has filed his or her first in-Canada application to be entitled to a temporary work permit and a stay of removal. In Canada applications, upon filing, without any question, those would follow.

Does the member think there would be no abuses to the system given the motion and not what are the exigencies of the other cases?

Second, with respect to the processing, the timelines and the delays involved, given that there is an improvement proposed under Bill C-50 and that there will be funds put in place so there will be quicker processing, would the member support his leader in supporting Bill C-50, which would actually bring some improvements to the cases before us today? Would he do that?

My two questions are, is he naive to believe that there will be no abuse of the system and will he support that which obviously needs to be supported?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 12:15 p.m.


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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I certainly wish the hon. member and his daughters well.

I would ask the member to match his rhetoric to the motion. One would be naive to believe that the system would not be abused if the motion passed. I wonder if the member thinks people would abuse it. There would be people who would abuse it. The motion indicates that any applicant upon filing an application is automatically entitled to a work permit and no removal. The approval in principle is to ensure that at least there is a bona fide relationship. That is required. If that were removed, would that not allow for abuse to take place?

The length of time it takes to process an application has something to do with the backlog. The Liberals had 13 years in government, six ministers, four terms in office, some of them majorities, and the backlog has grown to over 800,000 applicants. This is clogging up the system and the resources.

The member obviously voted against the $1.3 billion in the budget for settlement integration. That is a fair sum of money. Other moneys were put forward in the budget but they were also voted against. Bill C-50 would address some of these measures and would ensure that applications would get processed faster and families would get reunited faster. There is $109 million over five years to back that up. I wonder if the member would support his leader in supporting Bill C-50 to ensure that this happens.

Would he agree with me that if we allow the motion as it reads to pass there would be abuse of the system?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 11:55 a.m.


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Liberal

Jim Karygiannis Liberal Scarborough—Agincourt, ON

Mr. Speaker, it is with great pleasure that I rise to speak on this motion.

In particular, I would like to examine the report as well as the dissenting report. The particular report by the Standing Committee on Citizenship and Immigration states:

In accordance with its mandate pursuant to Standing Order 108(2), your Committee has considered the questions of spousal sponsorships and removals.

The Committee recommends that the government allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on their application.

I also want to put on the record and speak to the House about the dissenting opinion, which was placed by the parliamentary secretary on behalf of the Conservative Party. It states:

Dissenting Opinion of the Conservative Party of Canada

Existing measures strike appropriate balance between family reunification and the need to maintain the integrity of the immigration program. Current provisions to allow applicants, including those without status, in the Spousal or Common-law in-Canada class to stay and apply for work permits once they have received approval in principle.

Those are very important words, “approval in principle”, and I will come back to them in a few moments.

I want to examine how inland spousal sponsorship works. This is a process that is done from inside Canada. I want to explain how it works and what we are talking about. People listening to this debate might scratch their heads about spousal inland and spousal outland. It is very important for us to look at this very carefully.

Inland spousal involves a couple, common law or who live together for a year or a couple of months and then get married, be it same sex marriage or heterosexual marriage. Then they decide that because of extenuating circumstances the spouse who is not a Canadian, but is in Canada on a visitor visa or is in Canada on status, wants to get sponsored by his or her spouse. Sometimes there are people in this country who have come here and claimed refugee status and who have found a partner and married.

Therefore, what is the process? Once a couple decides they are going to have an inland spousal application, they download the forms from the immigration website and fill them out. They have to provide all kinds of information. Then they send these forms to the case processing centre in Vegreville.

While this process is taking place, the sponsoree, the person who is being sponsored by his or her spouse, cannot leave Canada. They have to stay within Canada. Lo and behold, let us say that the person being sponsored is a female, a wife. If she were to get pregnant, that individual can have the child in Canada but unfortunately her spouse is going to be responsible for the delivery. These are very important things.

There are a few examples that one needs to see and examine to understand. The paperwork goes to Vegreville for processing. Vegreville looks at the forms. If it believes the individual, after it is finished the form is sent to the local immigration centre. The local immigration centre then either calls the individual in to get landed or calls them in to convene an interview so they will find the bona fides of the spousal application, of the marriage.

It is very disturbing that the Conservative government has gone so far as to destroy people's lives. I want to give a few examples. In my riding, I had a young lady who came from China and claimed refugee status. That refugee status failed. She got married to a Canadian citizen. They have two Canadian children. That young lady was deported to China on March 31 of this year.

There were two Canadian kids, the husband is a Canadian, the husband is working and the husband can afford the sponsorship, and yet CBSA moved in and removed this lady. There are two young children, aged two and one. Of course those children cannot stay with their father in Canada. They had to accompany their mother back to China. The sponsorship now will take place outside Canada, which can take anywhere from one to three years. It depends where it is.

We have destroyed the family inside. We have destroyed the family unit, the family sincerity and the family well-being. We have removed the wife and the children followed. The children will be in China and the husband stays back in Canada. I am not sure if his mind will be all there. I am not sure he will be able to concentrate at work while his wife and two kids are half a world away. Of course, wanting to see his family he will make several trips to China at an additional cost.

Here we have the Conservatives, instead of supporting and standing up for young families, they are separating a husband and wife and, in the process, separating children from their father, which will probably destroy him completely because he will not be able to concentrate at work. If he does not concentrate at work, he might also lose his house.

I want to bring to the House a particular example of how the system has failed yet another Canadian family. I raised this example with the minister when she came to committee last year. It was in the newspaper. It is the example of Mr. Masood Firoozian. He came to Canada and, after a few months, he met his wife. She sponsored him and they submitted the sponsorship application to Vegreville. This is an inland spousal application. The two individuals felt they wanted to start a family. They did not want to separate so the sponsorship was submitted inland.

The lady had two children from a previous marriage. Vegreville received the application on July 13, 2006. My office was advised that they had received the application and in July they were processing applications received in 2006.

I will read the fax that I received from Vegreville dated January 8, 2007. It states, “application received 13th of July, 2006. Our office is currently processing applications of this nature, received March 27, 2006”.

Under the Liberals, when spousal applications were sent to Vegreville there was a five month processing timeline. The application was received in July 2006 while they were processing applications received in March 2006.

After that, I did another follow up. In that follow-up I was advised that the application was referred to Etobicoke in March 2007. That is exactly one year to the date from the time that he submitted it.

Fax after fax were sent to Etobicoke in order to find out what the processing time was. On August 13, 2007, we received the following answer. It said that the spousal application was referred to Etobicoke CIC from Vegreville in March 2007. It said that it would be 12 to 14 months before this file would be assigned to an officer for review.

The fax that we received back was dated August 13, 2007 and it said that the application was referred to Etobicoke in March 2007, which was roughly well over a year. Under the previous Liberal regime, it used to take anywhere between 8 and 12 months before the application was dealt with from start to finish. We have roughly about a 50% delay.

The couple then approached me in April of this year. We are almost 25 months in the process. An inquiry was sent to Etobicoke and it replied that the spousal application was referred to Etobicoke CIC in January 2008. I am looking at the previous answer I received from Etobicoke and it said that the application had been referred to them in March 2007. I sat wondering if we were missing a year or we were in the same year. It went on to state that it would be at least 12 months before the application would be assigned to an officer for review.

Right now we are almost at 24 months from the time the application was submitted and it has not yet been looked at. The individual is still in status and has extended his visitor visa application. He has applied numerous times for work but gets refused every time.

If we want to examine it, it would be like driving a car and all of a sudden hitting a wall. I think this family has hit a wall. The wife is sick and needs to have an immediate operation. She will be laid up in hospital and at home recuperating for six months.

On April 16 we were told that it would take an additional 12 months. From the time the application was submitted to the time it is finished, it will be close to 36 months. I wonder what I will be told next year when I go back and ask what is happening. I will probably be told that it was submitted in 2009, of course forgetting the previous years, and that it will take an additional 12 months.

If I were to believe the latest fax I received on April 16, this application should be finished in three years time. Without question, that is an increase of anywhere from 300% to 500% from the previous regime. The minister was confronted in committee about that and I am still waiting for an answer.

Why are we at this stage and what is the problem? The problem is that when the Conservative government came in, it wanted to fulfill its Reform agenda, to fulfill and play to the Reform Conservative base for the votes. It started removing people in massive numbers. It moved individuals from Canadian immigration to CBSA, the Canada Border Services Agency. CBSA has more officials removing individuals from Canada than working to keep people here.

Yes, there are provisions that if people are to be removed they do get another kick at the can, which is called the PRA, pre-removal risk assessment. However, I have yet to see a pre-removal risk assessment go favourably.

I was speaking about the woman from China who has two children and is about to be removed from Canada. A pre-removal risk assessment was done. If anybody were to go positive on a pre-removal risk assessment, nothing could be more compassionate than the case of this mother and her two Canadian children. When they were born, the father had to pay for the deliveries which cost anywhere between $10,000 to $15,000 per delivery. The husband was out about $25,000 to $30,000. The only sin the man committed was to get married to a woman and have children in Canada. The man wanted to populate Canada. A Canadian citizen wanted to have a family.

Did the Conservative Party move quickly to find an answer to that family's dilemma? No. Its only answer was to send the woman off to China.

Approval in principle is the key that I mentioned before. Approval in principle is when an application is submitted to Vegreville and it feels that everything is okay so it approves somebody in principle. From what we have witnessed, that climbed anywhere between five to six months under the Liberals, to twelve months under the Conservatives.

I know the parliamentary secretary will jump up and down and say that is not the case, but I would refer to last year when the minister came before the committee. She was confronted with that question and she still has not provided me with an answer.

From five to six months, bumper to bumper in Vegreville and another two months under the Liberals, now we a total of six to eight months and even a year before an individual is processed, landed and given his or her paperwork. All of a sudden we have the case of Mr. Masood Firoozian that is going on three years.

Mr. Firoozian's wife will be going into the hospital and he must wait an additional 300% to 500% longer before being given approval in principle, before being able to apply for a work permit and before being able to say that he is a landed immigrant and would like to have OHIP and medical coverage. Should this individual get into an accident or get sick tomorrow he will have no medical coverage. The reason for that is that we have taken officials from immigration and moved them to removals. Instead of having officials trying to keep families together, officials are removing them. Our dilemma is: Do we work to keep families together? Do we work to help immigrants who are in Canada and would like to support their families?

I have five daughters. What would happen if one of my daughters were to meet a young man in Canada and decide to get married and have a family. According to the Conservatives, a party that is going back to its Reform roots, should my daughter sponsor this young man he might have to wait up to three years and counting before he could apply for work. What do I tell my daughters? Do I tell them not to have children because they will not be able to stay at home and look after the children if their husband cannot go to work and provide for the family?

Where is the compassion and decency? Are we working to keep families together? Are we working to provide for the families? Are we working as a nation to support families? Do we not want to stand shoulder to shoulder with them as they begin the first steps of getting married, having children and working to provide for them and be with them? Unfortunately, though, that compassion, that interest and that love for the family has left this building. It went out when the Conservative government came to power and decided to move resources from immigration to removals.

We need immediate action. I am glad members of the Conservative Party are in the House because, hopefully, this will go back to the minister and she will listen, instead of taking the “my way or the highway” attitude.

The minister says that Bill C-50 will have no amendments. When the Conservative members of the committee said that we would have a dissenting report, I wonder if they talked to their constituents. I wonder if any of them did any constituency work and saw the problems or whether my constituency is the only one with these problems. I wonder whether these problems are only in the constituencies represented by Liberal members of Parliament.

When the Prime Minister was the Leader of the Opposition, I remember him saying that any riding west of Winnipeg was only filled with Asian immigrants or recent migrants from the east. I wonder if that philosophy has changed. I think not.

If we are to have immediate action, we need to do a number of things. First, we need a balance between CBSA and CIC. We need to move more staff from CBSA back to CIC. We need to give an immediate work permit once someone sponsors his or her spouse. We also need additional staff to process spousal applications in Vegreville as well as in other offices. We do not want staff to be removed from other places where they are working on parental sponsorships and on cases of people working on humanitarian and compassionate grounds. We need additional staff. It has been proven that the timelines under the Conservative government have increased and, undoubtedly, all of us would agree that in the case of Mr. Firoozian that application has taken from 300% to 500% longer.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 11:45 a.m.


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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, the member is indicating that there should be a balance in the process. That is precisely what we are saying.

The previous speaker from Kitchener—Waterloo said of course we expect that they would be bona fide applications. That is exactly the point. He makes my point, which is that we need to establish that the application has some bona fides. In order to do that, one has to look at it and approve it in principle.

The motion does not have this. It simply says “any” application filed would automatically require certain events to take place. It is true there are many people here without proper documentation, but having said that, I ask the member if he would not agree with me that there are many processes in place that have made improvements for those who do want to come in through a legitimate process.

There is the provincial nominee program, whereby provinces can nominate people who come in, particularly in the category they desire, even if they are temporary workers.There is the in Canada experience class and the foreign credentials referral office that helps them along. Foreign students can work in Canada and apply for permanent resident status. Would he agree with me that those are good elements in the evolution of immigration which provide a legitimate means and a legitimate process to get in?

Would he support Bill C-50, which actually would allow additional people to come in? In particular, family members can be reunited more quickly--more, quicker and better--and those who want to apply for permanent resident status will be able to come in on a much faster basis. Would he agree with me that this is the type of thing that should happen? This is a means to legitimately come to this country and to be able to work, reunite with family and ensure this country is built, but to do it in a fashion that is a legitimate process.

Finally, would he not agree that this balance would require at least a certain underpinning or threshold to be met before one could be entitled to the various aspects that this particular motion is calling for?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 11:20 a.m.


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Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Speaker, I do find the comment passing strange. I will read the motion to the member so he can clearly understand it. I am surprised that he does not. The motion states:

The Committee recommends that the government allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on their application.

An application is made. If the government says this application is bogus and makes a decision, the person is removed. There is no issue with that. Nobody is arguing that we will support a non-bona fide application. We believe in protecting the integrity of the system. We are saying that while we are in the process of dealing with the application, we do not separate families.

The member thanks me for saying that the Conservatives stand for family values. What I said was that they say they stand for family values, but they say one thing and they do something else. They are splitting families and they have no problem doing that, just like they have absolutely no problem in saying no to religious marriages in other countries and calling their children illegitimate. That is the Conservative Party's record.

I am amazed that some of my colleagues on the other side who happen to be Mennonites do not stand up and defend Mennonite marriages, and say that when we have a church wedding, we should not be discriminated against.

In terms of Bill C-50, I am afraid this is one member who will not support it. Bill C-50 very seriously undermines the objectivity of an immigration system that is being copied by all the countries they point to, such as Australia, New Zealand, Europe and England. The Americans are looking at it. Their senate is studying it because they want to have an objective system. The Conservatives would destroy ours so they could carry out their neo-conservative agenda.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 11:15 a.m.


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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I appreciate the comments of the hon. member, which would indicate that our party stands up for families. Indeed, we do stand up for family values. In fact, our party ensures that every child under six years of age receives $100 per month.

I am disappointed that the member is not supporting this motion, ensuring it went forward. I know the member has worked hard to get to where he is. Will he support his leader when he supports Bill C-50? The bill would have some additional moneys that would go to reinforcing the system.

I ask the member to look at his rhetoric in terms of what he has said he wants and what the motion actually requests. They are two very different things. The member waxes eloquently, but when we look at the motion, it asks the government to allow any applicant, on filing an application to automatically be entitled to a temporary work permit and a stay of removal.

I think Canadians have an issue with this automatic business, where if applicants file, there are some automatic rights that follow; this particularly when they know applicants now who are in status after approval in principle do have a stay. Those who are out of status, and we are talking about those who have overstayed their temporary status, or working or studying without being authorized to do so, or entering Canada without a valid passport, visa or other documentation, and even to failed refugee claimants, could apply and, after approval in principle, have a stay that would take place in respect of the removal until the approval is done and any work permit issued.

I ask the hon. member to have a look at not what he says he wants, but at what the motion asks the government to do, and that is by filing a document, it automatically entitles a series of events to happen without regard to whether that is a bona fide application or without regard to the fact of whether the very principles or basic elements are established to the satisfaction of someone.

Why would the member not look at the motion and not what he proposes he would like to see it say? What is he asking? Does he seriously believe that simply filing an application, entitles an applicant to have things to happen without regard to any of the circumstances?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 6th, 2008 / 10:55 a.m.


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Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Speaker, I am very pleased to engage in this debate.

I want to say to the parliamentary secretary it is really unfortunate that he had his speaking notes prepared for him for the chamber and that he did not speak with the same rationality he did in the committee, because the policy we are looking at does not make any sense.

Cutting this down to the bare bones, what we have is that somebody applies for inland spousal landing. It is legal. There is absolutely nothing untoward about it. That is how the system was set up to work. However, the processing starts on that application and since it does not get done in time, it is passed on to removal, for no reason other than the fact that the application is not processed. Where does that make any kind of sense?

Somebody takes the right step and makes an inland spousal application to be able to stay here, which is quite proper, but because the bureaucracy does not deal with the issue fast enough, we are going to remove that individual. Where does that many any sense at all? That is what this comes down to.

I am shocked, and I am sure all the opposition parties are shocked, because for years we listened to that party stand in this House and defend family values. How much more of a family value can we have than not splitting husband from wife, father from children, sons and daughters, or mothers from their children? That is what this whole issue comes down to.

If the case were that somebody was found to have a relationship that was not bona fide and it was a marriage of convenience, nobody is arguing that this person be allowed to stay here. What we are talking about is that when somebody makes an application to keep their family together in Canada the case must be processed before one of the spouses is removed.

Mr. Speaker, you must be wondering about it as well because I am sure you heard the same speeches on family values coming from the Conservative Party. This reminds me of the kind of family values where Mexico refuses to recognize religious marriages as far as derivative citizenship is concerned.

However, I mentioned that it really is too bad that the parliamentary secretary gets up in this House and reads notes prepared for him by the department, because when we had committee hearings on this issue, there was a sign in his questioning that he actually understood the issue and knew that this issue was not right.

I am going to refer to the meeting where this issue was discussed in committee and the parliamentary secretary asked the official:

I know there's a concern about multiple applications, but from what I'm hearing, if one application isn't determined in 60 days, you make it a point between the two departments to expedite it. If you removed the idea of multiple applications and just dealt with the particular case, is there any reason why, as a matter of policy, the removal couldn't be withheld until the expedited process on that particular application is completed?

This is what we all agree on. I think all of us in the committee agreed on it.

I have had a number of cases, like most members of Parliament have had, in dealing with this. There are two cases in particular to which I will refer. One involved a young couple who were married last summer. The husband was born in Canada. His father had emigrated from Guyana. The husband attended the University of Waterloo, where he met his future wife, who came from Guyana to go to Wilfrid Laurier University. They met and kept in contact.

While the young woman had status initially in Canada, she went back to Guyana. The relationship continued, she came up for a visit and the young couple decided to get married. They filed for inland application, which happened during the summer. While this was granted, the young woman could not get a temporary work permit to engage in her occupation. She happens to be a financial professional.

I come from the riding of Kitchener—Waterloo. We have a lot of insurance companies in the riding. It is the home of Sun Life, Manulife and a number of others. Her skills were in demand, but she could not get a work permit until she had approval in principle, which did not make any sense. When a young couple gets married, we want the couple to start off their life with both of them being able to work. We know the financial strains that can happen in marriages, especially with young people who are paying off students loans or whatever.

The work permit was not allowed until the approval in principle came through, which does not make any sense. We are a country that brings in well over 100,000 temporary foreign workers to work in Canada, yet for people who want to be future citizens and build a family in Canada, we deny them the right to work while the bureaucracy goes through the file.

Another situation I had was in Chilliwack. The son of a friend of mine, who is a teacher, was involved with a veterinarian who happened to be from Holland. When the couple decided to get married, and her status would expire, she specifically went out of the country to make application because that way she could continue to work.

We have two very similar cases being treated totally differently by our officials in the handling of immigration matters for spouses.

I am sure most members of the House, who were here at the time, will recall a former minister who was in trouble around the whole issue of giving ministerial permits to people who wanted to get married and maintain their partners in Canada so they would not be split up.

The problem was, instead of having it down as a matter of routine by the bureaucracy, which is the way it used to be done, the rules were changed to require a minister's permit. This was totally wrong, and the minister was in trouble for showing compassion. The case she happened to deal with spun out of control. It was referred to as “strippergate”, as members will recall.

The basic foundation of it was that a Canadian male married that woman and therefore she was allowed to stay because she got the permit. Given the problems associated with that, we changed the rules back to the way they were. The rules are, if people marry, they can apply to have them stay inland while the case is being processed. There is nothing difficult about this.

I heard questions in the chamber about the queue and about how the time spent in lineups to get into Canada might be harmful.

I would like the House to consider this situation. CBSA expends resources to get people out of the country. Because their application has not been processed, it will have to start to process the application out of the country once again, which will take a lot of time and will back up the queue. Instead of doing that, why do we not dedicate the resources that CBSA spends to go after people who have made legitimate applications to land in Canada to keep their family together, pass it to processing and ensure it gets done. This is not rocket science.

The way the rule stands is just not defensible. It does not make any sense. It is the height of ridicule of a bureaucracy to split up families. We know problems are created when a family is split up for a period of time. They suffer emotionally, financially and psychologically.

Too often our officials separate families for absolutely no good reason. They claim that children are not deported if they are born in Canada. However, the reality is when parents are moved out of the country, the children will be split from them. In the case of undocumented workers, the children follow their parents even though they were born in our country.

I do not understand the change in the approach of the parliamentary secretary. Why does he not go back to the common sense approach that he expressed in committee?

The Conservative government claims it is the pillar of family values, yet it is quite willing to split up families for no good reason. Why? The bureaucracy does not proceed fast enough. Why not? Money has been wasted on border services to round up people, which they never should round up, to send them out of the country. This ends up creating more work in getting people back into the country, and families are being split apart.

I call upon the parliamentary secretary to go back to the common sense approach he had in committee. I call upon him to persuade the minister and his colleagues in the Conservative caucus that keeping families together is a good thing. Splitting them apart unnecessarily is a bad thing. That should not be too difficult. I really am shocked that the Conservatives have not seen that point before, particularly the parliamentary secretary who understands the issues.

The money we spend to remove people from Canada, and I am not sure if it is 10% or 11% of the cases related to this, seems to be a real waste of resources. The government claims that we have to bring in more and more temporary foreign workers because of unfilled positions. To not issue a work permit to a spouse, while a case is being processed, also does not make any sense.

People who make refugee claims are allowed to have a work permit because we want to ensure they have a chance to support themselves. We also want to ensure that when people come to Canada, the first thing we do not say to them is that they have to rely on assistance from someone else, but rather they should come into the country and work. This is a good thing. I am surprised, from that perspective, why this does not make any sense to the Conservatives.

On one hand, the government is defending this policy. Essentially, the Conservatives are parroting the nonsensical evidence we heard from the officials at the citizenship and immigration committee. On the other hand, under the guise of Bill C-50, they really do not want to open up the debate to the extent it should be. Instead, they are saying that the whole system is wrong.

I ask the parliamentary secretary and the government to use a little common sense. Look at the policy, use some innate common sense and fix it. This is not rocket science. Somebody makes a legal application and then, because the bureaucracy does not process it in time, we remove that individual.

When I asked the officials in front of the committee if they could tell us what the percentage of approval of these cases was, they said it was 90%. Then I asked the officials if they could tell us how many people they got rid of because the department was unable to process the case in time and how many of those people came back in because their relationship was legitimate. The officials told me that they did not know and that they did not keep statistics on that, which surprised me.

Why not? Why would the department not keep statistics on something that simple? Then perhaps it could judge the quality of its decision making at the front end, instead of making these ridiculous decisions, removing individuals and making them go through the whole process of applying from outside, and splitting up families. How does this make sense? It does not. The only people it seems to make sense to are those in the Conservative Party, who are supposed to be the paragon of virtue by trying to defend family values. They quite lackadaisically will have families torn apart.

I do not think there is a whole lot more to say about this, except to ask the parliamentary secretary to do a better job to persuade his colleagues and the minister in caucus that it is worth keeping families together and standing up for family values.