Bill C-242

Reuniting Families Act

An Act to amend the Immigration and Refugee Protection Act (temporary resident visas for parents and grandparents)

This enactment amends the Immigration and Refugee Protection Act to allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years.
It also requires the Minister of Citizenship and Immigration to prepare and table a report in respect of a reduction to the minimum income requirement that the child or grandchild must meet in order for the visiting parent or grandparent to be able to enter and remain in Canada for an extended period.

[Marie-France Lalonde, Liberal, Orléans, ON]

The way it would be is that we would be striking “that the committee report to the House” and adding, “that, pursuant to Standing Order 108(2), the committee has considered Bill C-242, an Act to amend the Immigration and Refugee Protection Act (temporary resident visa for parents and grandparents), and wishes to make the following recommendation to the government and wishes to express its support for the creation of the review mechanism recommended in the following amendment proposed to Bill C-242”.

[Marie-France Lalonde, Liberal, Orléans, ON]

Thank you, Madam Chair.

I would like to bring an amendment to my colleague's motion.

It would read that, pursuant to Standing Order 108(2), the committee has considered C-242, an act to amend the Immigration and Refugee Protection Act, temporary resident visas for parents and grandparents.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you, Madam Chair.

I wonder if I can move this motion, which is related to the work that we have just completed and, particularly, to the amendment that I tried to move forward that did not pass. I would like to move that the committee report to the House its support for the creation of the review mechanism recommended in the following amendment proposed to C-242: that the Immigration and Refugee Protection Act be amended by adding a provision for “special circumstances to be taken into account in the processing of temporary resident visa applications” and “a review process for decisions made in relation to temporary resident visa applications”.

[Jenny Kwan, NDP, Vancouver East, BC]

Yes, Madam Chair. I move that Bill C-242, in clause 5, be amended (a) by replacing line 19 on page 2 with the following:

tion does not provide for a reduction to the minimum income re‐

Also, it moves that clause 5 be amended (b) by replacing line 24 on page 2 with the following:

or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each

This is a consequential amendment to the previous amendment that was passed, effectively asking that the minister respond to Parliament, including the issues around an appeal process and under special circumstances.

[Marie-France Lalonde, Liberal, Orléans, ON]

Madam Chair, I certainly appreciate Ms. Kwan's decision in moving this amendment. Unfortunately, I don't feel comfortable in supporting it. While the government welcomes the opportunity to review the existing super visa program criteria and prepare C-242 a report to Parliament on the current income requirements, including special circumstances examining a review process for TRVs, these are beyond the scope of Bill .

If the committee wishes for the government to implement these changes to temporary resident visas more broadly, there should be a more comprehensive analysis of the issue before making legislative changes.

[Jenny Kwan, NDP, Vancouver East, BC]

Yes, I would, Madam Chair.

I would move that Bill C-242 in clause 4 be amended (a) by replacing line 2 on page 2 with the following:

tion must prepare a report in respect of a reduction to the mini-

Also, it would amend clause 4 (b) by replacing line 7 on page 2 with the following:

visit that child or grandchild, including in respect of any special circumstances to be taken into account in the process of temporary resident visa applications and a review process for the decisions made in relation to those applications.

Madam Chair, this is related to the report back to Parliament from the minister. Given that I wasn't able to get the appeal process and special circumstances to be amended in the act itself, as it was deemed out of scope, at the very minimum I'm hoping that members will support having the minister respond to this concept in the report back to Parliament.

[The Chair, Liberal, Salma Zahid]

I would like to give my ruling on the amendment.

Bill C-242 amends the Immigration and Refugee Protection Act to allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years. The amendment seeks to add the possibility for the minister to give other instructions respecting applications for a temporary resident visa that are not contemplated by Bill C-242.

House of Commons Procedure and Practice, third edition, states on page 770:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, adding the possibility for the minister to give new instructions not envisioned in Bill C-242 is beyond the scope of the bill. Therefore, I rule the amendment is inadmissible.

[Marie-France Lalonde, Liberal, Orléans, ON]

Yes, Madam Chair, I would like to bring an amendment to Bill C-242 in clause 2, lines eight to 15. I have the amendment here in both official languages to be shared with the members of the committee, if I may.

[The Chair, Liberal, Salma Zahid]

Thank you, Ms. Kwan.

I will have to give a ruling on this amendment. The amendment that Ms. Kwan just moved seeks to amend subsection 14(2) of the Immigration and Refugee Protection Act, which deals with regulations related to requirements and selection. The amendment also seeks to introduce a review process that is not contemplated by Bill C-242.

House of Commons Procedure and Practice, third edition, states the following on page 771:

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

Since section 14 of the Immigration and Refugee Protection Act is not being amended by Bill C-242, and also because the introduction of a review process is a new concept, this amendment goes beyond the scope of the bill. Therefore, it is the opinion of the chair that the amendment is inadmissible.

This ruling is non-debatable.

[Jenny Kwan, NDP, Vancouver East, BC]

All right.

I move to amend Bill C-242 by adding, before line 5 on page 1, the following new clause:

1.1 Subsection 14(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c):

(c.1) special circumstances to be taken into account in the processing of temporary resident visa applications;

(c.2) a review process for decisions made in relation to temporary resident visa applications;

Madam Chair, the reason I'd like to move this amendment is so that there could be an appeal process in place for rejections. As we know, oftentimes people are not able to have their application reviewed after it's been rejected. The process that's available to them is extremely onerous, and in many cases effectively not available.

We know that there are extenuating circumstances that happen in people's lives. I cited during committee, with witnesses, examples such as applicants whose applications are rejected because their financial situation changes at the last minute and for the short term, but their entire application is ultimately rejected as a result.

I'm moving for an appeal system to be established and for special circumstances to be allowed to be taken into consideration. The amendment does not spell out what that appeal process would look like. It would be left to the government to make that determination and set up that structure. However, the call for an appeal process to be established is what this is about, and for special circumstances to be taken into consideration.

I hope members will consider this.

[The Chair, Liberal, Salma Zahid]

Good morning, everybody. I call this meeting to order.

Welcome to meeting 28 of the House of Commons Standing Committee on Citizenship and Immigration.

Given the ongoing pandemic situation and in light of the recommendations from health authorities, as well as the directive of the Board of Internal Economy on Thursday, November 25, 2021, to remain healthy and safe all those attending the meeting in person are to maintain two metres of physical distancing and must wear a non-medical mask when circulating in the room. It is highly recommended that the mask be worn at all times, including when seated and that you maintain proper hand hygiene by using the provided hand sanitizer in the room. You must refrain from coming to the room if you are symptomatic.

I will remind you that all comments should be addressed through the chair. When you are not speaking, your microphone should be on mute and your camera must be on.

Pursuant to the order of reference of Wednesday, May 4, 2022, we will resume consideration of Bill C-242, an act to amend the Immigration and Refugee Protection Act, regarding temporary resident visas for parents and grandparents.

First, I would like to welcome the sponsor of the bill, Mr. Kyle Seeback.

I don't see him here.

Okay, that's not a problem. We are joined by officials from the Department of Citizenship and Immigration: Michèle Kingsley, director general, immigration; Alexis Graham, director, social and discretionary policy and programs; James Seyler, director, immigration program guidance; and Ben Mitchell, counsel.

We are also joined by the legislative clerks today to provide us advice.

Thanks for joining us.

We are ready to start clause-by-clause consideration. I want to inform the members of some instructions that we need to follow as we go through the clause-by-clause consideration. This is the first one we are having in this session.

As the name indicates, this is an examination of all the clauses in the order in which they appear in the bill. I will call each clause successively. Each clause is subject to debate and a vote.

If there are amendments to the clause in question, I will recognize the member who is proposing the amendment and who may explain that amendment. The amendment will then be open for debate. When no further members wish to intervene, the amendment will be voted on. Amendments will be considered in the order in which they appear in the bill or in the package each member received from the clerk of the committee. Members should note that amendments must be submitted in writing to the clerk of the committee.

I will try to go slowly so that I allow all the members to follow the proceedings properly. If there are any questions, please raise your hand and get my attention. Amendments have been given an alphanumeric number in the top-right corner to indicate which party submitted the amendment. There is no need for a seconder to move an amendment. Once moved, you will need unanimous consent to withdraw that amendment.

During debate on an amendment, members are permitted to move subamendments. These subamendments must be submitted in writing. They do not require the approval of the mover of the amendment. Only one subamendment at a time may be considered. When a subamendment to an amendment is moved, it is voted on first. Another subamendment may be moved, or the committee may consider the main amendment and vote on it.

Once every clause has been voted on, the committee will vote on the title and the bill itself, and an order to reprint the bill may be required if amendments are adopted so that the House has a proper copy for use at report stage. Finally, the committee will have to order the chair to report the bill to the House. The report contains only the text of any adopted amendments as well as an indication of any deleted clauses.

Are there any questions? Is everyone clear? Does anyone need clarification before we begin the process?

Okay.

Pursuant to the order of reference of Wednesday, May 4, 2022, we will begin clause-by-clause consideration of Bill C-242, an act to amend the Immigration and Refugee Protection Act, temporary resident visas for parents and grandparents.

Pursuant to Standing Order 75(1), consideration of clause 1, the short title, is postponed.

We will begin with amendment NDP-1, numbered 11777709, which proposes new clause 1.1. This is on page 1 of the package.

Would the member like to move this?

Yes, Ms. Kwan.

[The Chair, Liberal, Salma Zahid]

Just for the information of all the members, Thursday's meeting is scheduled to be clause-by-clause on Bill C-242. Then, the week after—the week of June 13, 16 and 18—we will be going through the consideration of the draft report, so it will be up to the members how long they take.

[The Chair, Liberal, Salma Zahid]

Thank you. Time is up.

With that, our panel comes to an end. On behalf of all the members of the committee, I want to take this opportunity to thank both witnesses for appearing before this committee and providing important testimony towards Bill C-242.

This panel comes to an end. We will suspend the meeting for a few minutes to allow the witnesses for the second panel to come in.

Thank you.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Thank you, Madam Chair.

It's interesting that my friend Sukh Dhaliwal talked about child care. We know that Canada and Quebec are currently experiencing a labour shortage, especially in child care.

Mr. Ramos, do you think Bill C-242 is something of a solution to the lack of child care spaces? Could we see it like that? Couldn't it be a bit of a precarious solution?

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Thank you for that answer.

I will turn to you again, Mr. Ramos. Some people are claiming that the IRCC is too demanding, as it expects a family's income not to fluctuate from one year to another and never to drop below the required minimum during recession periods. That may be problematic for some families.

How do you think the requirements for producing reports created by clauses 4 and 5 of Bill C-242 resolve this issue?