Bill C-97 (Historical)

Budget Implementation Act, 2019, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures

Part 1 implements certain income tax and related measures by
(a) providing a temporary enhanced first-year capital cost allowance rate of 100% in respect of eligible zero-emission vehicles;
(b) removing the requirement that property be of “national importance” in order to qualify for the enhanced tax incentives for donations of cultural property;
(c) providing a temporary enhanced first-year capital cost allowance rate in respect of a wide range of depreciable capital properties, including a temporary first-year capital cost allowance rate of 100% in respect of
(i) machinery and equipment used for the manufacturing or processing of goods, and
(ii) specified clean energy equipment;
(d) ensuring that social assistance payments under certain programs are non-taxable, are not included in income for the purposes of determining entitlement to income-tested benefits and credits and do not preclude an individual from being considered a “parent” for the purposes of the Canada Workers Benefit;
(e) repealing the use of taxable income as a factor in determining a Canadian-controlled private corporation’s annual expenditure limit for the purpose of the enhanced scientific research and experimental development tax credit;
(f) providing support for Canadian journalism;
(g) introducing the Canada Training Credit;
(h) amending the Income Tax Act to reflect the current regulations for accessing cannabis for medical purposes;
(i) eliminating the requirement that sales be to a farming or fishing cooperative corporation in order to be excluded from specified corporate income for the purposes of the small business deduction;
(j) extending the mineral exploration tax credit for an additional five years;
(k) ensuring that business income of a communal organization retains its character when it is allocated to members of the communal organization for tax purposes;
(l) increasing the withdrawal limit under the Home Buyers’ Plan and amending how it applies on the breakdown of a marriage or common-law partnership;
(m) extending joint and several liability for tax owing on income from carrying on business in a TFSA to the TFSA’s holder and limiting the TFSA issuer’s liability for such tax;
(n) supporting employees who must reimburse a salary overpayment to their employer due to a system, administrative or clerical error;
(o) expanding tax support for electric vehicle charging stations and electrical energy storage equipment;
(p) allowing joint projects of producers from Canada and Belgium to qualify for the Canadian film or video production tax credit; and
(q) ensuring appropriate pension adjustment calculations in 2019 and subsequent tax years for registered pension plans that reference the enhanced Canada Pension Plan.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 19, 2019 budget
(a) to provide GST/HST relief in the health care sector by relieving the GST/HST on supplies and importations of human ova and importations of in vitro embryos, by adding licenced podiatrists and chiropodists to the list of practitioners on whose order supplies of foot care devices are zero-rated and by exempting from the GST/HST certain health care services rendered by a multidisciplinary team of licenced health care professionals; and
(b) by introducing amendments to ensure that the GST/HST treatment of expenses incurred in respect of zero-emission passenger vehicles parallels the income tax treatment of those vehicles.
Part 3 implements certain excise measures proposed in the March 19, 2019 budget by changing the federal excise duty rates on cannabis products that are edible cannabis, cannabis extracts (including cannabis oils) and cannabis topicals to $0.‍0025 per milligram of total tetrahydrocannabinol contained in the cannabis product.
Part 4 enacts and amends several Acts in order to implement various measures.
Subdivision A of Division 1 of Part 4 amends the Bank Act to, among other things, provide members of federal credit unions with different methods of voting prior to meetings and provide additional exceptions to the requirement that a proxy circular be sent in order to solicit proxies. The Subdivision also makes a technical amendment to An Act to amend certain Acts in relation to financial institutions.
Subdivision B of Division 1 of Part 4 amends the Canadian Payments Act to allow the term of the elected directors of the Board of Directors of the Canadian Payments Association to be renewed twice, to extend the term of the Chairperson and Deputy Chairperson of that Board and to allow the remuneration of certain members of the Stakeholder Advisory Council.
Subdivision A of Division 2 of Part 4 amends the Canada Business Corporations Act to require a corporation, on request by an investigative body that has reasonable grounds to suspect that certain offences have been committed, to provide to the investigative body a copy of its register of individuals with significant control or information in that registry that is specified by the investigative body. It also requires those investigative bodies to keep certain records in relation to their requests and to report annually in respect of those requests.
Subdivision B of Division 2 of Part 4 amends the Criminal Code to add the element of recklessness to the offence of laundering proceeds of crime.
Subdivision C of Division 2 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) allow the Governor in Council to make regulations defining “virtual currency” and “dealing in virtual currencies”;
(b) require the Financial Transactions and Reports Analysis Centre of Canada (“the Centre”) to disclose information to the Agence du Revenu du Québec and the Competition Bureau in certain circumstances;
(c) allow the Centre to disclose additional designated information that is associated with the import and export of currency and monetary instruments;
(d) provide that certain information must not be the subject of a confidentiality order made in the course of an appeal to the Federal Court; and
(e) require the Centre to make public certain information if a person or entity is deemed to have committed a violation or is served a notice of a decision of the Director indicating that a person or entity has committed a violation.
Subdivision D of Division 2 of Part 4 amends the Seized Property Management Act to authorize the Minister to, among other things,
(a) provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of certain property;
(b) manage property seized, restrained or forfeited under any Act of Parliament or of the legislature of a province; and
(c) dispose of property when it is forfeited to Her Majesty in right of Canada and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province, and share the proceeds.
The Subdivision also makes consequential amendments to the Criminal Code, the Crimes Against Humanity and War Crimes Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Division 3 of Part 4 amends the Employment Equity Act to require federally regulated private-sector employers to report salary information that supports employment equity reporting beyond salary ranges, including making wage gap information by occupational groups more evident.
Division 4 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund for climate action support and in relation to infrastructure as well as to the Federation of Canadian Municipalities and to the Shock Trauma Air Rescue Service.
Division 5 of Part 4 amends the Bankruptcy and Insolvency Act to, among other things,
(a) require all parties in a proceeding under the Act to act in good faith; and
(b) allow the court to inquire into certain payments made to, among other persons, directors or officers of a corporation in the year preceding insolvency and imposes liability on the directors for those payments.
The Division amends the Companies’ Creditors Arrangement Act to, among other things,
(a) limit the relief provided in an order made under section 11 to what is reasonably necessary and limit the period staying all proceedings that might be taken in respect of the company to 10 days;
(b) allow the court to make an order to disclose an economic interest in respect of a debtor company; and
(c) require all parties in a proceeding under the Act to act in good faith.
The Division also amends the Canada Business Corporations Act to, among other things,
(a) set out factors that directors and officers of a corporation may consider when acting with a view to the best interests of that corporation; and
(b) require directors of certain corporations to disclose certain information to shareholders respecting diversity, well-being and remuneration.
Finally, the Division amends the Pension Benefits Standards Act, 1985 to clarify that a pension plan is not to provide that, among other things, a member’s pension benefit or entitlement to a pension benefit is affected when a plan terminates. It also authorizes a pension plan administrator to purchase an immediate or deferred life annuity for former members or survivors in order to satisfy an obligation under the plan to provide a pension benefit arising from a defined benefit provision.
Division 6 of Part 4 amends the Canada Pension Plan to authorize the Minister of Employment and Social Development to waive the requirement for an application for a retirement pension in certain cases.
Division 7 of Part 4 amends the Old Age Security Act to provide, starting in July 2020, a new income exemption for the purposes of calculating the Guaranteed Income Supplement. The new exemption excludes the first $5,000 of a person’s employment and self-employment income as well as 50% of their employment and self-employment income greater than $5,000 but not exceeding $15,000.
Division 8 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to increase the surplus limit that applies to the Canadian Forces Pension Fund, the Public Service Pension Fund and the Royal Canadian Mounted Police Pension Fund, respectively, to 25% of the amount of liabilities.
Subdivision A of Division 9 of Part 4 amends the Bankruptcy and Insolvency Act to permit trustee licensing fees to be paid on a date to be prescribed by regulation and to permit trustees to maintain electronic records instead of retaining original documents.
Subdivision B of Division 9 of Part 4 amends the Electricity and Gas Inspection Act to allow for the addition, by regulation, of units of measurement for electricity and gas sales and distribution.
Subdivision C of Division 9 of Part 4 amends the Food and Drugs Act to improve safety and enable innovation by introducing measures to, among other things,
(a) allow the Minister of Health to classify certain products exclusively as foods, drugs, cosmetics or devices;
(b) provide oversight over the conduct of clinical trials for drugs, devices and certain foods for special dietary purposes;
(c) provide a regulatory framework for advanced therapeutic products; and
(d) modernize inspection powers.
Subdivision D of Division 9 of Part 4 amends the Importation of Intoxicating Liquors Act to limit the application of the Act to intoxicating liquors imported into Canada.
Subdivision E of Division 9 of Part 4 amends the Precious Metals Marking Act to provide that exemptions made by regulation can be either conditional or unconditional.
Subdivision F of Division 9 of Part 4 amends the Textile Labelling Act to provide that exemptions made by regulation can be either conditional or unconditional.
Subdivision G of Division 9 of Part 4 amends the Weights and Measures Act to authorize, by regulation, the use of new units of measurement and to update the definitions of the basic units of measurement in accordance with international standards.
Subdivision H of Division 9 of Part 4 amends the Hazardous Materials Information Review Act to streamline the process for reviewing claims for exemption, to allow for the suspension and cancellation of exemptions and to harmonize the provisions of the Act that allow for the disclosure of confidential business information with similar provisions in other Department of Health Acts.
Subdivision I of Division 9 of Part 4 amends the Canada Transportation Act to authorize the electronic administration and enforcement of Acts under the Minister of Transport’s authority and to promote innovation in transportation by authorizing the granting of exemptions for the purpose of research, development and testing.
Subdivision J of Division 9 of Part 4 amends the Pest Control Products Act to, among other things, allow the Minister of Health to
(a) expand the scope of a re-evaluation of, or a special review in relation to, a pest control product rather than initiating a new special review; and
(b) decide not to initiate a special review if the aspect of a pest control product that would otherwise prompt such a review is being, or has been, addressed in a re-evaluation or another special review.
Subdivision K of Division 9 of Part 4 repeals the provisions of the Quarantine Act that relate to the laying of proposed regulations before Parliament.
Subdivision L of Division 9 of Part 4 repeals the provisions of the Human Pathogens and Toxins Act that relate to the laying of proposed regulations before Parliament.
Division 10 of Part 4 amends the Royal Canadian Mounted Police Act to establish the Management Advisory Board, which is to provide advice to the Commissioner of the Royal Canadian Mounted Police on the administration and management of that police force.
Division 11 of Part 4 amends the Pilotage Act to, among other things,
(a) set out a clear purpose and principles for that Act;
(b) transfer the responsibility for making regulations from the Pilotage Authorities, with the approval of the Governor in Council, to the Governor in Council, on the recommendation of the Minister of Transport;
(c) transfer responsibility for enforcing that Act and issuing and charging for licences and certificates from the Pilotage Authorities to the Minister of Transport;
(d) set out an enforcement regime that is consistent with other Department of Transport Acts;
(e) provide that regulatory matters for the safe provision of compulsory pilotage services not be addressed in service contracts between the Pilotage Authorities and pilot corporations;
(f) allow the Pilotage Authorities to impose charges other than by making regulations;
(g) require that service contracts between pilot corporations and the Pilotage Authorities be publicly available; and
(h) prohibit pilots, or users or suppliers of pilotage services, from sitting on the board of directors of a Pilotage Authority.
The Division also makes consequential amendments to the Arctic Waters Pollution Prevention Act and the Transportation Appeal Tribunal of Canada Act.
Division 12 of Part 4 enacts the Security Screening Services Commercialization Act. That Act, among other things,
(a) authorizes the Governor in Council to designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority, which is to be solely responsible for providing aviation security screening services;
(b) authorizes the Canadian Air Transport Security Authority to sell or otherwise dispose of its assets and liabilities to the designated screening authority;
(c) regulates the establishment, imposition and collection of charges related to the provision of aviation security screening services; and
(d) provides for the dissolution of the Canadian Air Transport Security Authority.
The Division also makes consequential amendments to other Acts.
Division 13 of Part 4 amends the Aviation Industry Indemnity Act to authorize the Minister of Transport to undertake to indemnify
(a) NAV CANADA for acts or omissions it commits in accordance with an instruction given under an agreement entered into between NAV CANADA and Her Majesty respecting the provision of air navigation services to the Department of National Defence; and
(b) any beneficiary under an insurance policy held by an aviation industry participant.
Division 14 of Part 4 amends the Transportation Appeal Tribunal of Canada Act to clarify that the Transportation Appeal Tribunal of Canada has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under the Marine Liability Act.
Division 15 of Part 4 enacts the College of Immigration and Citizenship Consultants Act. That Act creates a new self-regulatory regime governing immigration and citizenship consultants. It provides that the purpose of the College of Immigration and Citizenship Consultants is to regulate immigration and citizenship consultants in the public interest and protect the public. That Act, among other things,
(a) creates a licensing regime for immigration and citizenship consultants and requires that licensees comply with a code of professional conduct, initially established by the responsible Minister;
(b) authorizes the College’s Complaints Committee to conduct investigations into a licensee’s conduct and activities;
(c) authorizes the College’s Discipline Committee to take or require action if it determines that a licensee has committed professional misconduct or was incompetent;
(d) prohibits persons who are not licensees from using certain titles and representing themselves to be licensees and provides that the College may seek an injunction for the contravention of those prohibitions;
(e) provides the responsible Minister with the authority to determine the number of directors on the board of directors and to require the Board to do anything that is advisable to carry out the purposes of that Act; and
(f) contains transitional provisions allowing the existing regulator — the Immigration Consultants of Canada Regulatory Council — to be continued as the College of Immigration and Citizenship Consultants or, if the existing regulator is not continued, allowing the establishment of the College of Immigration and Citizenship Consultants, a new corporation without share capital.
The Division also makes related amendments to the Citizenship Act and the Immigration and Refugee Protection Act to double the existing maximum fines applicable to the offence of contravening section 21.‍1 of the Citizenship Act or section 91 of the Immigration and Refugee Protection Act.
In addition, it amends those Acts to provide the authority to make regulations establishing a system of administrative penalties and consequences, including of administrative monetary penalties, applicable to certain violations by persons who provide representation or advice for consideration — or offer to do so — in immigration or citizenship matters.
Finally, the Division makes consequential amendments to the Access to Information Act and the Privacy Act.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to
(a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country;
(b) provide that if the Federal Court refuses a person’s application for leave to commence an application for judicial review, or denies their application for judicial review, with respect to their claim for refugee protection or their application for protection, the date of that refusal or denial is the first day of the period that must pass before a request or application referred to in section 24, 25 or 112 of that Act may be made; and
(c) authorize the Governor in Council to make an order regarding the processing of applications for temporary resident visas, work permits and study permits made by citizens or nationals of a foreign state or territory if the Governor in Council is of the opinion that the government or competent authority of that state or territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that state or territory who are in Canada.
Division 17 of Part 4 amends the Federal Courts Act to increase the number of Federal Court judges.
Division 18 of Part 4 amends the National Housing Act to allow the Canada Mortgage and Housing Corporation to acquire an interest or right in a housing project that is occupied or intended to be occupied by the owner of the project and to make an investment in order to acquire such an interest or right.
Division 19 of Part 4 enacts the National Housing Strategy Act. That Act provides for, among other things, the development and maintenance of a national housing strategy and imposes requirements related to the mandatory content of the strategy. It also establishes a National Housing Council and requires the appointment of a Federal Housing Advocate. Finally, it requires the submission of an annual report by the Advocate on systemic housing issues and the submission of periodic reports by the designated Minister on the implementation of the strategy and the achievement of desired housing outcomes.
Division 20 of Part 4 enacts the Poverty Reduction Act, which provides for an official metric and other metrics to measure the level of poverty in Canada, sets out two poverty reduction targets in Canada and establishes the National Advisory Council on Poverty.
Division 21 of Part 4 amends the Veterans Well-being Act to expand the eligibility criteria for the education and training benefit in order to make members of the Supplementary Reserve eligible for that benefit.
Division 22 of Part 4 amends the Canada Student Loans Act and the Canada Student Financial Assistance Act to extend the interest-free period on student loans by six months and to provide for transitional measures in respect of individuals to whom student loans were made and who ceased to be students at any time during the six months before the amendments come into force.
Division 23 of Part 4 amends the Canada National Parks Act to establish Thaidene Nene National Park Reserve of Canada and to decrease the hectarage of certain ski areas.
Division 24 of Part 4 amends the Parks Canada Agency Act to provide that, starting on April 1, 2021, any balance of money appropriated to the Parks Canada Agency that is not spent by the Agency in the fiscal year in which it was appropriated lapses at the end of that fiscal year.
Subdivision A of Division 25 of Part 4 enacts the Department of Indigenous Services Act, which establishes the Department of Indigenous Services and confers on the Minister of Indigenous Services various responsibilities relating to the provision of services to Indigenous individuals eligible to receive those services.
Subdivision B of Division 25 of Part 4 enacts the Department of Crown-Indigenous Relations and Northern Affairs Act, which establishes the Department of Crown-Indigenous Relations and Northern Affairs, confers on the Minister of Crown-Indigenous Relations various responsibilities relating to relations with Indigenous peoples and confers on the Minister of Northern Affairs various responsibilities relating to the administration of Northern affairs.
Subdivision C of Division 25 of Part 4 makes amendments to other Acts and repeals the Department of Indian Affairs and Northern Development Act.
Subdivision D of Division 25 of Part 4 makes amendments to the First Nations Land Management Act, the First Nations Oil and Gas and Moneys Management Act and the Addition of Lands to Reserves and Reserve Creation Act.
Division 26 of Part 4 enacts the Federal Prompt Payment for Construction Work Act in order to establish a regime to provide prompt payments to contractors and subcontractors for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables and a regime to resolve disputes over the non-payment of that construction work.

Immigration, Refugees and Citizenship

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, the Prime Minister is creating two classes of refugees in Bill C-97 to pander to the right. Facing backlash, the government emailed Liberal MPs saying that no asylum seekers would be at risk. The Canadian Association of Refugee Lawyers and Amnesty International were clear: That is not true.

The Liberals are desperate for a fix, but experts were explicit: There is no fix. Any people pretending the Liberal proposal is the same as the independent work of the IRB are fooling themselves.

Will the Prime Minister do what thousands of Canadians are demanding and withdraw these dangerous provisions?

[Salma Zahid, Liberal, Scarborough Centre, ON]

No, but everyone would be getting an opportunity. No one would be removed. Everyone would be given the opportunity under Bill C-97, in division 16, to have the PRRA hearing. My question was that—

[Salma Zahid, Liberal, Scarborough Centre, ON]

Thanks to all the witnesses for coming today and for providing your testimony.

Clause 306 of Bill C-97 would render an individual ineligible to make a refugee claim in Canada if he or she had already made a refugee claim in another country with which Canada has a data-sharing agreement, specifically Australia, New Zealand, the U.S.A. and the U.K. Individuals in this situation would be permitted to apply for a pre-removal risk assessment. Could I ask both of you to tell us your recommendations with regard to making sure that the PRRA hearing is strengthened and everyone gets a fair chance in the PRRA hearing? Do you have any recommendations to make sure that we can strengthen this?

I'll start with you, Mr. Mohammed.

[Justin Mohammed, Human Rights Law and Policy Campaigner, Amnesty International Canada]

Thank you, Mr. Chair, and I'd like to begin by acknowledging that we are on the unceded territory of the Algonquin people. That is a particular salient message to bring in this committee because aside from our first peoples, of course, when we're discussing issues of immigration and refugee matters we all have a story that's rooted in migration.

Our remarks today will focus exclusively on clause 306 of the bill, which adds a ground of ineligibility for claims of refugee protection made to the refugee protection division of the IRB. I'd like to register our objection to the fact that the changes being proposed to Canada's refugee protection regime are in an omnibus bill. We salute this committee's decision nevertheless to examine this issue, but we're dismayed that we were not consulted prior to the tabling of this bill.

Over the course of my presentation, I would like to make three points. First, Amnesty International considers that Bill C-97is inconsistent with Canada's commitments under international law. Second, the bill will have the negative impact on Canadian refugee practice by creating a two-tier system of refugee protection. Finally, Canada must not rely on foreign protection regimes to uphold its international obligations.

With respect to the inconsistency in international law, Amnesty International is of the view that clause 306 of Bill C-97 is inconsistent with international refugee law because it constitutes an automatic barrier to the referral of a claim to Canada's refugee status determination system, the refugee protection division.

It operates without regard to when the prior claim was made; the status of the claim in the other country, whether it be finalized, accepted, rejected, withdrawn, etc.; the fairness of the refugee status determination process in the other country or whether there are other possible bona fide reasons for which a person may seek Canada's protection after having done so elsewhere. We consider that automatic bars to consideration of the asylum claims are not in conformity with the refugee convention.

The convention furthermore prohibits discrimination amongst refugees on the basis of race, religion or country of origin. While the measure in Bill C-97 does not discriminate on the basis of these grounds, it is arbitrary and discriminates on the basis of a claim having been filed in another country if that country happens to be Australia, New Zealand, the United Kingdom or the United States or any other country with which Canada signs an agreement.

We view this to be an analogous ground of discrimination to those covered in the refugee convention and thus a violation of the spirit if not the letter of that convention.

Second, there's the two-tier system. Amnesty International further opposes the measure Bill C-97 because it introduces a two-tier system of refugee protection. While some refugee protection claimants will have access to the robust status determination system in the Immigration and Refugee Board, others will only have access to the PRRA.

The UNHCR has previously expressed concerns about this:

Where access to the refugee determination procedure is denied, and claims referred to the PRRA for determination, there is the risk of creating a two-tier system, in which the protection risks of one class of asylum-seekers are assessed by the Immigration and Refugee Board, while those of another are assessed by CIC officials. This could affect both the efficiency of the system and consistency of decision-making.

The UNHCR handbook, reissued as recently as February 2019, says the same:

There should be a clearly identified authority—wherever possible a single central authority—with responsibility for examining requests for refugee status and taking a decision in the first instance.

Amnesty International supports that view, because the two-tier model results in important differences. I will cover them now.

The first is independence. While the IRB is an independent, quasi-judicial tribunal, a PRRA officer is an employee of the IRCC. This new system would undermine the long-standing policy in Canada that claims for refugee protection are heard by an independent decision-maker.

Second is oral hearings. This is discretionary under the PRRA. However, even if an oral interview is afforded, it does not offer the same protections as an IRB hearing. The refugee claimant has no ability to call witnesses or to test the evidence upon which an officer is relying.

Third is appeals. Decisions of the RPD are appealed to the refugee appeal division, whereas appeals of the PRRA go to the Federal Court for judicial review. Both have different standards of review and, more importantly, while an appeal to the refugee appeal division results in an automatic stay of removal an application for judicial review does not.

Finally, Amnesty International is concerned that Bill C-97unduly relies on foreign refugee status determination systems where human rights abuses of refugee protection claimants are well documented. The U.S. provides an illustrative example.

In our 2018 report entitled “You Don’t Have Any Rights Here”, Amnesty International documented three categories of human rights violations that are being committed by the United States: illegal push-backs along the U.S.-Mexico border, family and child separations, and arbitrary and indefinite detention.

Since that report, there has been a slew of administration policies that fail to respect the rights of refugees. One will deny bond to persons seeking refugee protection until their claims are finalized, which we know can take years. Another would establish a general rule that disqualifies victims of gang violence and domestic abuse from refugee protection. Only last week, the Trump administration circulated a memorandum that intends to further dismantle the system of protection by having U.S. border guards, rather than asylum officers, consider those claims.

I'd now like to turn the floor over to my colleague, Marilynn, to provide a real-life example of the type of claim that will be affected if Bill C-97 becomes law.

[Jenny Kwan, NDP, Vancouver East, BC]

With respect to the bar for H and C claims under Bill C-97, a group of refugees would not be able to access H and C claims under this current system. Effectively, that means some individuals would be denied that opportunity. I raise this issue, because what's really important is that at the end of the day what Canada has to live up to is to ensure that all refugees have access to the same process—which is the original position of the UNHCR—with respect to the refugee determination system. That is what is at risk right now under Bill C-97.

[Jenny Kwan, NDP, Vancouver East, BC]

Actually, we just heard that in Ontario, legal aid is being cut. In fact, refugees do not have access to it.

I do want to go into this other issue, too. We clearly differ in that opinion. The UNHCR also recommended the removal of the five-year bar for designated foreign nationals to file an H and C application from the date of decision or the date of designation. That was back in 2012. Now, under Bill C-97, there is also a bar for people to make application under H and C.

Again I ask this question, why is UNHCR now silent on the current expansions of the H and C application bar?

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you for that.

I would argue that of irregular crossers who have come over so far, under our IRB determination process more than half of them have been deemed to be valid claimants. That said, I'm going to park that point for a minute. However they cross over is not really the issue, is it? It's whether or not they have access to a proper process once they get to Canada. That's your point.

You say that under Bill C-97 there is a proper process for them. I would beg to differ. Right now, those who are made to go through the pre-removal risk assessment process would not have an appeal process. The UNHCR back then recommended that all asylum seekers have access to an appeal process on their merits to the refugee appeal division. Under this system, when people go through the pre-removal risk assessment process, there is no appeal for them to go to. They cannot go through the RAD process. OCASI, an organization in our community, in fact spoke out against that. They were deeply concerned that Bill C-31 would create a two-tier system of refugee protection in Canada, which would result in some claimants being denied the right to appeal. That is what's happening right now under Bill C-97. Why is it okay now and not okay then?

[Jenny Kwan, NDP, Vancouver East, BC]

By the way, Canada used to have a program that allowed for siblings to sponsor each other. That's how I came to Canada. My aunt sponsored my dad and a family of eight to come to Canada, and that's how we made Canada our home. We should actually go back to the system and extend that to the refugees.

Thank you so much.

I do want to turn to the UNHCR for some of my questions. The UNHCR wrote a 20-page report speaking out against the 2012 Harper government's changes to the refugee determination system under Bill C-31. That was back in May of 2012. Amongst other things, there were a number of key recommendations. One of them is that the UNHCR is recommending against the differential treatment of refugees and asylum seekers where it infringes on established rights of refugees. As far as I can see under Bill C-97, there are different treatments of refugees under different streams now. So why is it okay now in this stream and it wasn't okay back in 2012?

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

I think so. We'll see.

I'll start with you, Dr. Leuprecht. You've written extensively, I think, about human smuggling and some of the issues. I'm going to go on to that, but I just want to touch on some of the comments you were making with regard to the Dublin renegotiation and the coordination of asylum system reform.

It's my understanding that Canada can operate the safe third country agreement with the United States and still be in compliance with our international obligations because of some of the provisions that are in article 19 of the Geneva Convention, which, again, are there to prevent asylum-claim shopping, and because of how the agreement is structured.

It seems to me that division 16 of the budget implementation act, Bill C-97, or whatever it is.... I'm not sure it's going to survive. First of all, I don't think it's going to survive a court challenge in the Canadian context.

It doesn't really impact people. As the minister just said, it's going to impact less than 10% of the people who have entered Canada from the U.S. in the loophole in the safe third country agreement over the last few years and have claimed asylum.

For that reason, my position has been that we actually need to undertake—it's one of the roles Canada could undertake—global asylum system reform, where we're looking at a network of safe third country agreements. We could use international fora to really lead a discussion on what constitutes a safe third country and what monitoring agreements need to be in place in order to ensure that they happen over a long period of time.

I don't think division 16 is that; I think it's a last-minute shortcut—that's kind of how I read it—that probably isn't going to work. Would you say that this assessment is correct or is in the right ballpark?

[The Acting Chair, Liberal, Nick Whalen]

Thank you for coming to this third round of the 158th meeting of the Standing Committee on Citizenship and Immigration, where we're discussing part 4, division 16 of Bill C-97, the 2019 budget implementation act. We just finished meeting with Minister Blair and ministerial officials on this part of the budget.

We'd like to thank Christian Leuprecht, professor in the department of political science at the Royal Military College of Canada; Nafiya Naso, from the Canadian Yazidi Association; and Jean-Nicolas Beuze, a frequent flyer to our committee now, from the Office of the United Nations High Commissioner for Refugees and its representative in Canada, for being with us today.

Mr. Leuprecht, if you are well settled after your late train, I'll begin with you or we can begin somewhere else.

[Jenny Kwan, NDP, Vancouver East, BC]

I'll just take that for a spin.

If, in that scenario I highlighted, you are saying to the person, “Okay, we won't reject you—you will now go to IRCC to be assessed under the PRRA process”, isn't that a duplication of work, when you already know that Australia has this history? Hence, I mention the point that's been raised by the Auditor General about duplication. The right hand doesn't know what the left hand is doing. You have people applying for an expedited process. In the meantime, they're still just being processed regularly. It turns out that the expedited process is not any faster than a regular process.

Here you are setting up another system to deal with this dedicated group of people, effectively, as far as I can tell, creating a duplication in process. I'm not quite sure how efficient it would be. Maybe in numerical terms, if we diverted 3,500 cases to this other process, it would seem to lessen the demand on the IRB. The IRB, even by doing that, still has over 40,000 cases before it, and the IRB isn't funded adequately to do the job. The whole point of the Auditor General's report speaks to the inability of the government to ensure that the IRB has rapid access to resources to process claims. This really doesn't solve the problem. The lack of resources does not really solve the problem.

I have another question that I would like to ask. I'm not sure if I missed it when I went to the bathroom.

You have a provision under this bill that would allow the government to bar the issuance of temporary visas to all citizens of a country if that country refuses to issue passports to some of its citizens. So, effectively, you would punish a group of people from a particular nation if that government is refusing to issue passports to some of its citizens.

Under what circumstances do you anticipate this being used? Why was this actually put in Bill C-97?

[Jenny Kwan, NDP, Vancouver East, BC]

No. Even if they did make a bona fide claim, even if they just made a claim, by virtue of the fact that they made a claim in the U.S. under this system, under Bill C-97, they would be rejected.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Sure.

I asked this of the minister about clause 306 of Bill C-97, which is to make an individual ineligible to make a refugee claim if he or she has made a claim in another country, one of the Five Eyes countries that we have sharing agreements with. An individual in this situation would be permitted to apply for a pre-removal risk assessment. If this provision were implemented, what effects do you foresee it having on the volume of pre-removal risk assessment applications received by IRB? I know currently the minister had said about 3,000 or 3,500 as to the irregular...but would this also affect those who fly in or perhaps those people whom we potentially see in terms of the DACA deadline that's looming in the U.S., who have made claims in the States? The States may otherwise deem them ineligible for the U.S., but they have made claims there.

[Bill Blair, Liberal, Minister of Border Security and Organized Crime Reduction]

Thank you very much, Mr. Chair. I'll try to get through this as quickly as possible. I thank you for the opportunity to appear before the committee today. I'm happy to speak regarding our asylum system and border enforcement proposals, which we have included in Bill C-97.

Mr. Chair, we are in a world that is experiencing unprecedented levels of migration. The United Nations Refugee Agency has estimated that there are approximately 258 million people who are now on the move globally, including economic migrants. However, 25.4 million of those individuals are deemed to be refugees, those who are fleeing war and persecution and are seeking protection.

Like many other countries in the world—almost every other safe country in the world—Canada has seen an increase in migration. The growth in global migration suggests that a higher number of asylum seekers is likely to continue, and points to a need to continue to ensure that our borders and asylum system are well-managed to meet our international and Canadian legal obligations.

It's imperative that we maintain a refugee protection system that is predicated on two important principles: fairness and compassion. Budget 2019 has proposed to invest $1.18 billion over a five-year period, starting in 2019-20, with $55 million per year ongoing to enhance the integrity of Canada's borders and our asylum system. These investments also support the government's border enforcement strategy. They will increase the asylum system's capacity to handle higher volumes of claims in order to provide timely protection to refugees and ensure that a failed asylum claimant is removed quickly and compassionately from our country.

The border enforcement strategy includes detecting and discouraging the misuse of our visa system by preventing travel to Canada by individuals who may not be legitimate temporary visa applicants. This means investing significantly in intelligence gathering and trend analysis to limit the number of Canadian visas issued to people who would use a Canadian visa only to establish themselves permanently in Canada.

We are also continuing to work with our international partners to share information and trend analysis that may impact visa issuance; are significantly increasing the interdiction of would-be irregular migrants abroad; engaging recalcitrant countries in support of removal operations by obtaining their co-operation in a timely way for the issuance of travel documents for failed asylum claimants after they have exhausted all legal recourse in Canada; and we are also discouraging would-be irregular migrants via targeted outreach, by correcting misinformation and providing the facts about Canada's asylum system, to make sure that people understand our laws and how this system works.

Mr. Chair, the border enforcement strategy will also maintain the integrity of Canada's border. We are investing in an ongoing building of capacity for interceptions between ports of entry as the Royal Canadian Mounted Police continues to increase its capabilities at key locations at the border and invest in new border technology equipment.

We are putting in place contingency measures to ensure that we are ready to respond to any potential increase in the number of irregular migrants, and we have introduced legislative changes, which we believe will improve our ability to manage flows along the border in the event of any increase and influx. This includes, for example, an amendment that will eliminate the three-day time period for officials to determine if an individual is eligible to make an asylum claim before the claim is automatically referred to the independent Immigration and Refugee Board. Removing this requirement will give the government greater flexibility to manage volumes at the border and will ensure that everyone is examined properly and in a fair way.

We are also putting in place measures to discourage irregular migration by those who try to make multiple claims in different countries—and this is described in the BIA legislative change. Just like other existing ineligibilities, these individuals will be barred from accessing the Immigration and Refugee Board. Instead, they will have access to an enhanced pre-removal risk assessment, or the PRRA, prior to removal, to ensure that they are not returned to a situation of risk.

Mr. Chair, I think it's very important to emphasize that no one who has been barred from accessing the IRB as a result of this new measure will be removed without a PRRA hearing. This proposed measure will also help lessen the caseload at the IRB, while ensuring that everyone receives fair treatment before any removals take place.

Mr. Chair, we maintain public confidence in our system by treating those who cross irregularly in exactly the same way as those who currently do so at regular points of entry, as a means of eliminating any incentive or perception of unfair advantage.

In addition, we're continuing to engage the United States to modernize and enhance the safe third country agreement. The Government of Canada has been in continual contact with the U.S. government on issues related to our shared border.

I also advise you that I have recently met with numerous stakeholders, including U.S. members of Congress, Customs and Border Protection and the Department of Homeland Security officials, and we are seeking to enhance U.S. co-operation to address irregular migration challenges, including the modernization and enhancement of the safe third country agreement to the mutual benefit of both countries.

Canada and the U.S. share a mutual interest in ensuring the orderly handling of asylum claims while protecting the safety and security of our citizens and respecting the rights of those who are fleeing persecution.

We are investing in an asylum system that will be fast, fair and final. We are increasing funding for the asylum system as a whole to process higher volumes of claims. This will allow the IRB to make decisions on up to 50,000 asylum claims and 13,500 appeals by fiscal year 2021. With this additional funding the board will be able to finalize more decisions, thus reducing wait times for those in need of protection, and leading to faster, more efficient removal of failed claimants.

I would also note that in recognition of the increasing volumes of asylum claims, we're investing more in settlement funding as more people will be given protected person status. Given that protected persons are eligible for settlement services such as language training, this investment is an investment in the future of Canada.

In addition, we are increasing funding to allow for timely removal of individuals who are found not to be in genuine need of protection, and we are taking measures to expedite the removal of failed claimants who cross irregularly into Canada.

Finally, with the budget 2019 investments and the legislative proposal that I bring before you today, Canada will continue to respect its international obligations for people who are legitimately fleeing persecution, and will achieve finality in our asylum system.

Thank you, Mr. Chair.

I welcome your questions.

[The Acting Chair, Liberal, Nick Whalen]

It being 3:30, I call to order the 158th meeting of the Standing Committee on Citizenship and Immigration. Today we begin our consideration of part 4, division 16, of Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures.

For this first session, we have Minister Blair and his officials with us. My understanding is that Minister Blair has a presentation of a little less than seven minutes. We will start immediately with that and, hopefully, we can get our full 51 minutes of questioning in.

Minister Blair.