Protecting Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Similar bills

C-4 (41st Parliament, 1st session) Preventing Human Smugglers from Abusing Canada's Immigration System Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2014) Law Economic Action Plan 2014 Act, No. 1
C-31 (2010) Law Eliminating Entitlements for Prisoners Act
C-31 (2009) An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:05 p.m.

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is a pleasure to stand and support Bill C-31, the protecting Canada's immigration system act.

Many hon. members have already had the opportunity to participate in this debate. In fact, a number of constructive suggestions have been brought forward and the government has acted in good faith and responded with several amendments that address concerns that were raised about the bill as it originally had been tabled. Nevertheless, it is important to step back and put one aspect of this debate into perspective. Among other needed measures, Bill C-31 would help bring about some very important reforms to the refugee system.

Clearly, Canadians are the most generous people in the world. They want to provide protection to those who need it. Unfortunately, our asylum system is not just being used by those who need our protection. Too many people are abusing our refugee system to gain quick entry to Canada and to jump the immigration queue. Nothing illustrates this abuse better than the fact that one-quarter of all asylum claims in Canada come from democratic, rights respecting European Union member countries. That is more than from Africa or Asia. Canadians are generous people, but we rightly have no tolerance for those who abuse our generosity or take advantage of our country. Canadians have told us, loud and clear, that they want to put a stop to this abuse. Have an asylum system, but let us use it, not abuse it.

Bogus claimants clog our refugee system and make those who legitimately need protection wait far too long, on average almost two years, before they can get a decision on their claim. Bogus claimants are undermining and eroding the faith of Canadians in our system. They are also costing Canadian taxpayers, who are left to foot the bill for the generous and expensive taxpayer funded health care, welfare and other social benefits that draw these bogus claimants.

The measures in Bill C-31 would help curb that abuse. This bill's measures would help protect the integrity of our refugee program. There is no better way to demonstrate our great humanitarian tradition in Canada than by ensuring we can provide protection more quickly to those we genuinely need it.

The reforms in Bill C-31 would help prevent abuse of our system by ensuring human smugglers, violent criminals and bogus asylum seekers would be removed from Canada more quickly.

However, my remarks today will be more to the positive results of Bill C-31, which is something that is getting lost in this debate as we hear the opposition members and their questions. Once Bill C-31 is passed, genuine refugees will receive Canada's much needed protection more quickly. This is a goal and outcome that I think all members in the House of Commons would like to support and see achieved.

In their comments about these particular measures, some hon. members have unfairly accused the government of trying to undermine Canada's tradition of humanitarianism and compassion when it comes to refugees. Nothing could be further from the truth. Our government and all Canadians take great pride in the generosity, fairness and compassion of our immigration and refugee system. Indeed, nothing in Bill C-31 would ever diminish that.

Even with these reforms, Canada will still have the most generous asylum system in the world. We will be number one. In fact, because these reforms will enable those who need our protection to get it even faster, I would argue that they will make it better.

For generations, Canadians have opened our arms to those who need our protection. More than one million refugees have been welcomed to our country since the Second World War. Our Conservative government is proud of and looking forward to continuing that tradition. Just this past December at the United Nations in Geneva, Canada committed to further concrete actions in order to provide protection to those in need.

I urge all hon. members in the House to join me in supporting this important bill and to ensure its speedy passage to make certain that genuine refugees get the help they need in our country.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

It being 1:15 p.m., pursuant to an order made Tuesday, May 29, 2012, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

Some hon. members

Agreed.

No.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

All those in favour of the amendment will please say yea.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

Some hon. members

Yea.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

All those opposed will please say nay.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

Some hon. members

Nay.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

Pursuant to Standing Order 45 the recorded division stands deferred until Monday, June 11.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, I ask that you see the clock at 1:30 p.m.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

Is it agreed?

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

Some hon. members

Agreed.

Protecting Canada's Immigration System ActGovernment Orders

June 8th, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

Accordingly the House will now proceed to the consideration of private members' business as listed on today's order paper.

Protecting Canada's Immigration System ActGovernment Orders

June 11th, 2012 / 6:30 p.m.

The Acting Speaker Bruce Stanton

It being 6:30 p.m., the House will now proceed to the taking of the deferred recorded division on the amendment to the motion for the third reading of Bill C-31.

Call in the members.