Protecting Canada's Immigration System Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

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

May 31st, 2012 / 4:30 p.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

First of all, we would have a bit of a train wreck on our hands with respect to the asylum system, because the IRB and CBSA are not in a position to implement the provisions of the Balanced Refugee Reform Act, which was passed in June 2010, because they've been frozen waiting for the revisions included in Bill C-31. The Balanced Refugee Reform Act is scheduled to come into effect on June 29 of this year. So it's essential that royal assent be given to Bill C-31 before June 29 so we can delay the coming into force and then retool the new asylum system to ensure that it's up and running by the end of this calendar year. That's absolutely essential.

If it were defeated, it would send a clear message to the criminal human-smuggling syndicates around the world that Canada is a ripe target, and that we're not serious about combatting them or depressing the price of their would-be clients.

May 31st, 2012 / 4:30 p.m.
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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

What if the NDP and the Liberals succeed in frustrating the passage of Bill C-31? Can you give us some broad comments on what would happen?

May 31st, 2012 / 4:30 p.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Biometrics is a big part of the increase in the department's budget—I think it's about $25 million. This is contemplated in Bill C-31, giving the government the legislative authority to collect biometrics from foreign nationals in their applications for temporary resident visas. This system is a key part of the Canada-U.S. “Beyond the Border” action plan signed by President Obama and the Prime Minister last year. It will vastly improve our immigration security by harnessing technology allowing us to ensure that people who apply for visas and enter our borders are who they claim they are. This way, we can virtually eliminate the gaps that exist from relying on biographic paper data.

May 31st, 2012 / 4:30 p.m.
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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Minister, I see the main estimates include funding for the implementation of biometrics. We know that Bill C-31, Protecting Canada's Immigration System Act, includes provisions that will allow the government to implement biometrics. Can you tell us why it's so important, and how it will help the protection, safety, and security of Canadians?

May 31st, 2012 / 4:05 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Actually it is, or Bill C-31.

May 31st, 2012 / 4 p.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

With respect, again, to asylum claimants coming from designated safe countries, let's put this in perspective. In 2010, for example, we received, to be precise, 2,298 asylum claims from Hungary, 22 of which were deemed positive. That's less than 1%. And 2010 is one example. Over 99% of the claims from that country were abandoned, withdrawn, or rejected.

Now, I would point out that under the new, faster system we are adopting, hopefully, through Bill C-31, asylum claims coming from designated countries will be dealt with within 45 days. That's about six weeks' time.

I would suggest to anyone coming from Hungary, let's say, to Canada, whether they're a visitor or whatever their category is, that they should ensure that they come here with health insurance. They have health coverage in their country of origin. They have full mobility within the European Union, which is a full-service collection of welfare states. And I would submit that it is not an obligation of Canadian taxpayers to finance comprehensive health care for visitors from the European Union, including the 99% of asylum claimants who end up being rejected.

Business of the HouseOral Questions

May 31st, 2012 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

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

Mr. Speaker, this afternoon, we will continue with the NDP's opposition day motion.

Tomorrow, we will finish report stage on Bill C-31, the Protecting Canada's Immigration System Act. Including second reading, this will be the eighth day of debate on the bill, in addition to many committee meetings. As the Minister of Citizenship, Immigration and Multiculturalism told the House on Tuesday, this bill must become law by June 29.

On Monday, we will resume the third reading debate on Bill C-25,, the pooled registered pension plans act. Following question period that day, we will mark Her Majesty the Queen's jubilee and pay tribute to her 60 years on the throne. After that special occasion, we will get back to the usual business of the day, debating legislation. Bill C-23, the Canada–Jordan economic growth and prosperity act, will be taken up at report stage and third reading.

Jumping ahead to next Thursday, we will resume debating Bill C-24, the Canada–Panama economic growth and prosperity act, at second reading. I would also call Bill C-25 that day if the debate does not finish on Monday.

Finally, June 5 and 6 shall be the seventh and eighth allotted days, both of which will see the House debate motions from the NDP.

I can confirm notice of a motion for unanimous consent regarding the private member's bill, Bill C-311. This is the bill to amend the Importation of Intoxicating Liquors Act that the NDP filibustered the other day. I understand the NDP has now agreed that was a mistake and it is willing to allow it to proceed to a vote at this time. Therefore, we anticipate we will be consenting to that motion to undo the damage that the NDP unwisely did when it filibustered the bill previously.

May 31st, 2012 / 9:30 a.m.
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Patrick Grady Economist, Global Economics Ltd., As an Individual

Thank you, Mr. Chairman.

I'm pleased to have received your invitation to testify on the immigration measures in Bill C-38, part 4, although it's a very small part of a rather large pie.

For background, I'm an economist who has studied immigration issues. I collaborated with Professor Herbert Grubel to do a study for the Fraser Institute, which estimated that since 1987, immigration has been costing the Canadian government $16 billion to $23 billion per year.

I'm also on the advisory board of the Centre for Immigration Policy Reform. This is a new organization that was established to advocate for immigration policies that are more in Canada's economic interest. We believe it makes no sense to continue to bring in so many immigrants every year when there are so many Canadians unemployed and immigrants are performing so poorly in the labour market. Our view is that immigration should be used only to complement the existing workforce in Canada and not to provide a quick source of cheap labour for employers that discourages Canadians from entering the labour market.

We also believe we should rely on our own education and training infrastructure, which is among the best in the world, to meet our labour needs, and we believe it's capable of doing so. We also think we should only rely on temporary foreign workers in exceptional circumstances. It shouldn't have been blown up the way it has in recent years, as almost a first supply of labour for many employers.

For more than 20 years, the performance of immigrants has been deteriorating from what it was in the past. Immigrants were able to come, and after a period of adjustment they were able to gradually adapt and earn as much as other Canadians. It's been only since the Conservative government came in during 2006 that serious efforts have been made to address this problem.

You're all aware of Bill C-51, in 2008, to deal with the huge backlog that had built up following the Immigration and Refugee Protection Act back in 2001. There were three sets of ministerial instructions.

Important measures have been introduced by the government that we think are very good. There is the Canada experience class, particularly recent attempts to put more emphasis on arranged employment and job and language skills in immigrant selection. Also, there are the Bill C-31 reforms to help fight human smuggling and protect Canada's immigration system, and of course the other measures to combat fraud, including marriage and refugee fraud. It's important that people have confidence in the function of our immigration system if it's going to continue to have political support.

Turning now to the immigration policy changes in Bill C-38, part 4, in spite of the steps taken, the backlog problem has persisted. There was no real evidence that the performance of recent immigrants was improving in general, except for maybe those with arranged employment or some of the federal skilled worker groups.

The backlog has threatened to undermine the efforts made in improving immigrant selection. You have a group of people you've committed to bring in who were selected under old rules, and they're getting older every year. You have a waiting time of up to 11 years, so by the time they get here, not only are they unsuitable, but they're much older than optimum immigrants would be.

As I pointed out when I appeared before the committee on immigration and citizenship last October, the only choice the government really had to prevent a further deterioration in immigrant performance and growing claims on the fisc was to legislate away the skilled worker backlog, which is what they're doing in this bill.

The government also needs the authority to deal with the issue of refunding the application fees. The minister of CIC requires the authority to issue the ministerial instructions needed to implement his proposed new immigrant selection procedures, since the old ones weren't working.

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:40 a.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Madam Speaker, countless people choose to pay criminal human smugglers tens of thousands of dollars to come to countries, including Canada, because they can afford to try to jump the queue instead of waiting in line like everyone else.

As was the case in Nova Scotia, these trips often end in deadly tragedies.

Bill C-31 includes measures to deter people from becoming part of a human smuggling event. Shamefully, the NDP and the Liberals are against these measures.

Would the minister please comment on why he thinks the opposition is opposed to measures to crack down on criminal human smuggling events?

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:40 a.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Madam Speaker, that is a very good question. A filibuster is a parliamentary tactic that seeks to delay or prevent a vote on a motion by means of endless debates.

We just heard the hon. opposition member say that she believes that every member should speak to the bill at every stage. If that applied to every bill, then it would be impossible for Parliament to take action, to make decisions and to get anything done.

In a parliamentary context, we have to find a balance between democratic debates, deliberations, consideration of changes and actions. I believe we have found a good balance with, as I was saying, more than 130 speeches, almost 50 hours of debate and the adoption by the government of the motions moved by the opposition.

At the end of the day, our deadline is June 29 and we have to fix the problems with our asylum system, which is the purpose of Bill C-31.

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:40 a.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Madam Speaker, I want to begin by expressing how grateful I am to the government for allowing us to debate this bill for 13 days. Indeed, we have here a budget implementation bill that amends roughly 70 Canadian laws in 430 pages, and we debated it for only one week. I understand that to the government, 13 days is a long debate.

The minister was talking about a filibuster. Apparently we had a filibuster during consideration of Bill C-31. I would like to know his definition of filibuster. Indeed, to him, holding a democratic debate in the House, listening to public opinion and studying bills are part and parcel of a filibuster.

I would like the minister to rise and explain to us the meaning of filibuster and the difference between a filibuster and a democratic debate on amendments he made to his bill.

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:30 a.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, it was just this morning that I received more emails in my mail pouch dealing with the issue of Bill C-31 and the concerns--

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:30 a.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Madam Speaker, that question is just complete nonsense. The reality is that every member has had an opportunity to speak repeatedly on this bill. First of all, many of the elements of Bill C-31 were debated in the previous Parliament under the heading of Bill C-49. Second, in the earlier part of this Parliament most of the provisions of the bill were debated in the form of Bill C-4.

Altogether in this Parliament there have been 47.5 hours of debate, 130 speeches, meaning 130 MPs have spoken to the bill, and 43 hours of committee study. If there are any questions that have not been posed, or any views that have not been expressed during those almost 50 hours of House debate and over 40 hours of committee debate, I would really like to know what they are. I do not know who has been asleep at the switch.

I can say that I have followed this debate very closely. I have been in the House for almost every single hour of debate, and I do not hear new questions or new points of view. I just hear the same speeches being regurgitated over and over again. Eventually we must act in order to meet the deadline of June 29 and to keep our commitment to Canadians to fix the broken asylum system.

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:25 a.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Madam Speaker, that is a reasonable question. The government did give priority to Bill C-31. Since the bill was introduced in the House, we have spent more hours debating this bill than almost any other bill. We made it a priority to send the bill to committee.

As I just mentioned, the bill has been debated for 13 days or 47.5 hours. Members have given 130 speeches on this matter, which is a lot. There have also been questions and comments after almost every speech. The bill was studied in detail in committee.

I must point out that the government made the substantial amendments suggested by the committee. The government agreed to the amendments proposed by the opposition.

Quite frankly, I believe that this is an example of a process that works very well when it comes to the proceedings and the opposition interests.

Bill C-31—Time allocation motionProtecting Canada's Immigration System ActGovernment Orders

May 29th, 2012 / 10:25 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I thank the hon. minister for his clarifications. We are all well aware that the bill has a time limit stemming from legislation passed in the previous Parliament. I would like to ask why time allocation in this instance must be rushed to such an extent that we will not have a proper discussion in this place of amendments that are now properly before the House. There should be the opportunity for members to speak to their own amendments in relation to Bill C-31.

I want to thank the hon. minister for being more flexible and willing to take on changes to this legislation and other legislation in the 41st Parliament, but there is more that should be done on this bill before we are finished with it.