An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;
(b) expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person; and
(c) expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act .
It also makes consequential amendments to the Citizenship Act and the Emergencies Act .
Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.1(1)(a) of the Immigration and Refugee Protection Act .

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-8s:

S-8 (2012) Law Safe Drinking Water for First Nations Act
S-8 (2010) Senatorial Selection Act
S-8 (2009) An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
S-8 (2004) An Act to amend the Judges Act

Votes

June 19, 2023 Passed Concurrence at report stage of Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations
June 19, 2023 Failed Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations (report stage amendment)
June 16, 2023 Passed Time allocation for Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations
Feb. 13, 2023 Passed 2nd reading of Bill S-8, An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill S-8 amends the Immigration and Refugee Protection Act, the Citizenship Act, and the Emergencies Act to align Canada's inadmissibility criteria with its sanctions regime. The bill aims to prevent individuals sanctioned by Canada or international bodies, particularly those involved in human rights violations or acts of aggression, from entering or remaining in the country. While supported across party lines, some members express concern over the bill's limited scope, the government's past reluctance to fully utilize existing sanctions tools, and the lack of parliamentary oversight.

Conservative

  • General support, with reservations: The Conservatives generally support the bill as a step in the right direction, particularly the inadmissibility modifications. However, they express significant concerns about the government's broader handling of sanctions and national security issues.
  • Government's underutilization of sanctions: A primary concern is the government's reluctance to fully utilize existing sanctions tools, including the Magnitsky Act, hindering effective coordination with allies and deterring human rights abuses. Members highlighted the need for the government to be more proactive in applying sanctions against those involved in human rights abuses and threats to international peace and security.
  • Rule of law and ministerial discretion: Some members are concerned about the bill granting excessive discretionary power to the minister, potentially undermining the rule of law and creating inconsistencies in enforcement.
  • Focus on China, not Russia: One member argued that the bill is a distraction from the more pressing issue of the Chinese Communist government's actions, including election interference, espionage, and intimidation, suggesting the bill's focus should be shifted to address threats posed by China.

NDP

  • Supports Bill S-8: The NDP supports Bill S-8, as it is a step in the right direction, because it would make changes to sanctions related to immigration enforcement by bringing the Immigration and Refugee Protection Act into line with the SEMA, making sanctioned individuals inadmissible to Canada.
  • Need for comprehensive review: The NDP believes that Bill S-8 does not address the absence of parliamentary oversight of Canada's sanctions regime or enforcement in areas that are not immigration related. They are calling for a comprehensive review of Canada's sanctions regime, including issues of clarity and public communication.
  • Condemns Conservative tactics: The NDP criticizes the Conservatives for using parliamentary tactics to delay the progress of Bill S-8, such as moving an amendment to change the title of the bill, and urges them to stop playing games and focus on the important work of passing the bill.
  • Sanctioning regarding assets: The NDP highlights the ineffectiveness of Canada's sanction regime, particularly regarding assets, and calls for more effective accountability measures, including the potential application of sanctions to countries like China for foreign interference.

Bloc

  • Supports bill S-8: The Bloc Québécois supports Bill S-8 as it aligns with the desire of Quebeckers and Canadians to welcome those fleeing repression and humanitarian crises. The bill ensures Canada meets its international obligations regarding refugees, allowing individuals targeted by sanctions regimes to claim asylum while preventing them from obtaining permanent resident status if they remain sanctioned.
  • Effective teamwork improved bill: The Bloc Québécois acknowledges that the Standing Committee on Foreign Affairs improved Bill S-8, ensuring it does not undermine attempts by individuals escaping war to seek refuge. They believe the bill was improved through collaboration among parties in committee, ensuring that those fleeing war, corruption and oppression are protected, not the instigators of conflict.
  • Bill requires review: The bill includes a provision for review after three years to assess its effectiveness, which the Bloc Québécois sees as a positive addition. This allows for future adjustments if the bill has unintended consequences on certain refugee groups.

Liberal

  • Strong support for Bill S-8: The Liberal speakers voiced strong support for Bill S-8, emphasizing that it would bolster Canada's sanctions regime by ensuring that all foreign nationals subject to sanctions under the Special Economic Measures Act (SEMA) are inadmissible to Canada.
  • Addressing a legislative gap: Speakers noted that Bill S-8 addresses a previously identified legislative gap where individuals sanctioned under SEMA for reasons other than gross human rights violations or corruption (e.g., grave breaches of international peace) could still enter Canada, which is unacceptable and contradicts the purpose of sanctions.
  • Protecting Canadian values: The bill strengthens the message that Canada does not welcome those who violate human rights, aligning immigration policies with sanctions to ensure meaningful consequences for sanctioned individuals and entities, both economically and in terms of access to Canada.
  • Enhancing enforcement: Speakers mentioned that the amendments would enable the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada to effectively refuse visas to sanctioned individuals, thereby enhancing enforcement of Canada's sanctions regime.
Was this summary helpful and accurate?

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:35 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I certainly respect the work of my hon. colleague in this area as well.

What I like about this bill is that it comes out of a study that was done in the foreign affairs committee in 2017. We know that things happened between 2017 and now, but it was a very comprehensive way to bring forth this kind of legislation. I am glad to see that it does have the support of, I believe, most members in this House, and certainly there is more work to be done.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:35 p.m.

The Assistant Deputy Speaker Carol Hughes

Order.

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Edmonton Griesbach, Disaster Assistance; the hon. member for Saanich—Gulf Islands, The Environment; the hon. member for Kitchener Centre, Persons with Disabilities.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:35 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, it is my privilege to rise in the House today and offer my thoughts with respect to Bill S-8, a bill aimed primarily at amending the Immigration and Refugee Protection Act and other acts, including the Emergencies Act, to ensure that those whom Canada has sanctioned as a result of the war in Ukraine, and others, cannot claim sanctuary in Canada.

I would like to begin by addressing three areas of my remarks this afternoon. I will start by addressing some of the weaknesses in this legislation. This will be followed by thoughts that China poses a much stronger and more relevant case for this legislation. Finally I will say why, despite the obvious flaws, I will be supporting this bill, albeit with reservations.

When this legislation was brought before the Senate last year, the senators heard from Dr. Andrea Charron. Dr. Charron is the director of the Centre for Defence and Security Studies at the University of Manitoba. She noted what many of us in this chamber and the other place have noted over the past seven and a half years, which is that the Liberals really struggle to bring coherent legislation. Whether here or in the Senate, there is a pattern of bringing forward legislation that sounds good, sounds comprehensive and sounds tough but ultimately achieves nothing. That really is the legislative legacy of the current Liberals: symbolism and sanctimony over substance, and virtue signalling rather than leading with virtue. It is legislation that is far more concerned with looking and sounding good rather than with doing good. It is legislation that is ultimately aimed at pleasing certain core constituencies of the Liberal establishment and international entities rather than at achieving real change for Canadians.

As Dr. Charron put it, this bill “repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues.” As Senator MacDonald noted in his critique, “[Dr. Charron's] critique of government bills is becoming all too commonplace of late. Many of the bills that the government is introducing are increasingly reactive measures, usually quick responses to external events. They are hasty measures designed to be symbolic, and it shows.”

Despite the Liberals' claim that they are listening to the experts, which is a claim that experts whose testimony has been systematically blocked or ignored by the Liberals in committee would dispute, their actions are not based on reality, unless they mean experts in how to keep the government from collapsing under the weight of its own self-righteousness and its own ineptness. The scandal-plagued government and Prime Minister consistently bring forward legislation, when in reality, as noted by expert witnesses at committee, changes to departmental processes and policies would likely be more efficient and ultimately more effective.

This virtue-signalling, reactive approach to legislation is often coupled with creating a straw man. Rather than dealing with the real issue or causes, the current government creates a false narrative with false bogeymen and false spectres of impending disaster, and then it attacks anyone who attempts to take a critical approach to its disingenuous actions. Dr. Charron asked the Senate committee a simple question: Is this actually a problem that needs to be addressed? Has this actually happened? Are there thousands of pro-war, pro-regime Russians whom we have sanctioned breaking down the door to get into Canada? Dr. Charron was unaware of such an occurrence.

The Senate heard from Richard St. Marseille, the director general of immigration and external review policy at the CBSA. Mr. St. Marseille informed the committee that no sanctioned individual from any country is known to have entered Canada in the past five years. There have been refusals abroad, including five under the Special Economic Measures Act and 10 under the Magnitsky law, but even those refusals are out of 1,858 individuals sanctioned under SEMA and roughly 2,200 individuals listed under various sanction grounds. To put it another way, none of these individuals have entered Canada, and fewer than 1% have even attempted to do so.

We have a lot of problems with our immigration and border security systems right now, but the simple facts and figures show that this is not one of them, nor is it likely to become one of them, because, despite the Prime Minister's belief that he has created a progressive utopia where everyone wants to live, many people in other parts of the world, including Russia, do not see it that way. Many Russians look at similar so-called progressive policies by the Zelenskyy government in Ukraine as a degradation of traditional values and, by extension, as part of their justification for invading in the first place: in order to rescue Ukrainians from what they view as western decadence and widespread immorality. A vast majority of Russians are appalled by the decline of traditional family values and what they see as the failures and weaknesses of western culture.

A growing number of Russians may be opposed to the war, even to President Putin, but let us not mistake that for a seismic culture shift that will suddenly embrace progressive policies and values. The notion that we are going to have a flood of Russians, especially those who have been sanctioned by Canada for supporting the regime, and who have had their assets seized, suddenly wanting and trying to come here is, frankly, ridiculous. They know they are not wanted here, and that is fine with them because they do not want to live here. There is no evidence or even indication this has been, is currently, or will become a problem.

We do have a pressing public safety and immigration problem, and that is with the Chinese Communist government. We have the Chinese ambassador and an untold number of agents of Beijing working to actively undermine our democracy; to intimidate and harm expats and family members, even members of the House; and to engage in espionage and cyber-attacks.

The government has consistently refused to address the actions of Beijing; better put, it has actively covered up for China's government. There are our National Microbiology Laboratory, the Chinese police stations that continue to operate despite the government's claim they do not, and the government's continuing to fund them through the Liberals' Canada summer jobs program. In fact, if one substituted China for Russia as the impetus for this legislation, it would be a lot easier to see this as a genuine effort rather than as just more virtue signalling. The opposition has been demanding, for months, the removal of the Chinese ambassador, the shutting down of these police stations, a stop to the government's covering up for its friends in Beijing, and its coming clean about what happened at the National Microbiology Laboratory and with election interference.

Instead, the government seeks to keep Canadians in the dark and distracted by creating a straw man so they will not pay attention to what the actual problem is. I really think the MO of the PMO has become to address something that has not been a problem, that is not a problem and is unlikely to become a problem, in order to distract Canadians from the myriad problems the government has created. Rather than address the illegal guns that the government has allowed to flood across the border, as used by the violent criminals it has kept out of jail, it goes after law-abiding firearm owners. Rather than go after its wealthy friends, it labels small business owners as tax cheats and goes after them. Now, rather than deal with the pressing and proven problem of Beijing, it raises the unsubstantiated spectre of an influx of sanctioned Russians.

I am not denying that Russia presents a threat to our Arctic sovereignty or to our digital infrastructure, or that the invasion of Ukraine is not a problem. It is a big problem, and Canada has gone above and beyond in our efforts to help Ukraine. However, this is Canada's Parliament, and those who poses an immediate domestic threat and should not be coming here are not the Russians; they are those from Beijing. This is really my main point here today. If we are going to pass this legislation, let us make sure we do so for the right reasons and use it against the right people. Let us use it to finally deal with Beijing, to finally deal comprehensively with the IRGC and those who are already here and pose a direct threat to Canadians and to our democracy.

With that said, as I noted at the top of my speech, despite these reservations, I will be voting in favour of this legislation. First, it would address a gap in the existing legislation that would allow IRCC to deny an individual based on international sanctions. Second, it would grant new powers to the Minister of Public Safety that would allow the minister to make a determination and issue a removal order. While any additional ministerial power, especially with the current government and its track record of shunning accountability at every turn, is a cause for concern, the opposition hopes that by removing the disingenuous excuse of so-called departmental dependence, the minister would now act in accordance with the will of the House to remove bad actors. Third, Conservatives have always been strong supporters of sanctions and the Magnitsky law, and have been critical of cases where individuals with ties to certain organizations but who are not necessarily on the terrorism list, like members of the IRGC, have been allowed to enter and remain in Canada. The legislation would remove the government's chief excuse for failing to deal judiciously with such individuals, so there is a chance it would become useful down the road, especially once a new Conservative government cleans up the legislation.

Despite the obvious flaws, there is sufficient merit to this legislation, and I will be supporting it.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:45 p.m.

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I certainly heard the member start off his speech by saying that he would be voting in favour of—

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:45 p.m.

The Assistant Deputy Speaker Carol Hughes

An earpiece too close to the microphone causes problems for our interpreters. I want to remind members to keep those away, as well as their telephones.

The hon. parliamentary secretary has the floor.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:45 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I will check the seats around me. I hope that is better.

I note that the member started his speech by saying that he would be supporting the bill, but then he spent about eight of the 10 minutes talking about everything that was bad about it. The member then came back at the end and said that there are a couple of good things about it, so therefore he would be supporting it.

Does this mean that the couple of good things outweigh all the bad things, and that is why the member would be voting for it?

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:45 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, that is a great question from the parliamentary secretary. He has clearly identified that, as an opposition member, I have done my job. I have identified that the legislation itself is good and that we are going to support it, and then I used the eight minutes between the front and the end of my speech to articulate some weakness in the bill that I think needs to be addressed. I thank the hon. parliamentary secretary for giving me the opportunity to clarify.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:45 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, in his speech, my colleague spoke about China and its current regime. I would like to follow up on what my colleague from Longueuil—Saint-Hubert spoke about earlier, namely the situation of the Uyghurs and the forced labour of Uyghur children.

I would like him to expand on the issue of zero tolerance. Should Canada adopt a zero-tolerance approach to everything concerning human trafficking in all its forms in Canada and also around the world?

I believe we must send a clear message. We need something that goes far enough to truly address the issue of forced labour, which especially affects the Uyghur community in China.

I would like to hear more from him about the importance of adopting a zero-tolerance approach.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I want to recognize that the hon. member is the co-chair of the committee studying human trafficking and smuggling. I compliment her for the tremendous work she does there.

Specifically in regard to the Uyghurs in China, this is an issue that has been raised in the House many times before. One of my constituents has worked very closely with the Uyghurs in China and has seen, first-hand, how they have been rounded up and put into re-education plants, how their children have been forced into slavery in factories in China, and how we, as Canadians, have been buying some of those products. I think the media has done a pretty job of identifying some of the products that have been subsidized by forced labour.

We, as a country, need to take a hard look at that, and, where necessary, we need to sanction the individuals responsible for enslaving people.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, the Liberal government is very good at announcing sanctions. The Liberals say they are going to punish Russian oligarchs, they are going to seize their assets, their bank accounts and freeze everything. It is taking forever, and practically nothing has been done. At one point, the Liberal government even said that it was relying on the banks to deal directly with their Russian clients to see what assets could be frozen.

What does my colleague think of the government's lack of leadership in implementing these sanctions against Russian oligarchs in any meaningful way?

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, that is an excellent question.

There have been lots of talk and lots of lip service around sanctioning individuals, but there has been little action. The member for Edmonton Strathcona previously mentioned that the number of assets that have actually been seized as a result of these sanctions is fairly minimal.

We did read in the paper earlier this week that a cargo plane has been seized at the Toronto Pearson international airport. The Antonov 124, which I have noticed there in my travels over the last year, has now been seized by the Canadian government, so it looks as though maybe the government is actually doing something about its sanctions.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, over the course of this debate, some of the reasons and examples that have been cited for this bill's being brought forward have to do with the Iranian regime. Why the Liberals refuse to list the IRGC as a terrorist entity is confusing.

I am wondering if my friend from Provencher would be able to highlight any further examples, related to the Iranian regime, of individuals having made their way and found safe haven in Canada, even though it appears, as has been highlighted, that they have been complicit in very serious crimes against protests and whatnot in the Iranian state.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, we have seen examples of people who have been involved in Iran and in the IRGC who have made their way to Canada, finding sanctuary and safe haven here, and our government has refused to act, refused to sanction them and refused to remove them from our country.

This legislation would clarify that, if there is evidence to show that people have been involved in some very torturous activities or brutality against their own citizens, they could be sanctioned. Once they are sanctioned, this legislation would now give the government the ability to remove them from the country. That was a great question.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

Liberal

Ken McDonald Liberal Avalon, NL

Madam Speaker, I rise on a point of order. Could you remind individuals, when they are giving a speech, to not to have their phones on their desktops close to the microphone when they are speaking? I can hear vibrating in my earpiece when somebody else is speaking. I did not want to raise it when the member was speaking and interrupt the flow of his speech.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 4:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I mentioned that when we were having some feedback here. When members are speaking, could members please ensure that their phones are not on the table beside them or ensure that the vibration mode is off completely if they do put them on their desks. This happens to a lot of members. It is a problem not just for those listening, but especially for the interpreters.