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

Status

This bill has received Royal Assent and is, or will soon become, 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

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 (IRPA) to align it with the Special Economic Measures Act (SEMA), ensuring that foreign nationals sanctioned under SEMA are inadmissible to Canada. This includes individuals sanctioned due to the Russian invasion of Ukraine, human rights violations in Iran, and those from other countries facing sanctions. The bill also modernizes the sanctions inadmissibility framework, expands it to include non-state entities, and clarifies refugee claim eligibility for sanctioned individuals, while narrowing pathways to overcome inadmissibility.

Conservative

Support for bill S-8: The Conservative party supports the bill, viewing it as an important step for Canada to prevent individuals who have violated human rights and international laws from entering and benefiting from the country. They emphasize the need to close the loophole allowing sanctioned individuals to claim refugee protection.
Need for stronger action: Members criticize the government for often being slow to act and implement sanctions, particularly against countries like Iran and China. They argue that Canada needs to be more decisive and principle-based in its international actions and demonstrate a stronger commitment to fighting human rights abuses and money laundering.
Enforcement concerns: The Conservative party questions the effectiveness of the bill if sanctions are not properly enforced. They cite instances where the government has failed to follow through on deportation orders and stop merchandise made with slave labor from entering the country, highlighting a broader issue of enforcement within the immigration system.
Accountability and integrity: Members raise concerns about the integrity of the immigration process, citing a case where unauthorized documents were issued to Afghan nationals, potentially putting lives at risk. They argue that the government's handling of immigration matters needs to be transparent and ensure due process to maintain public trust.

NDP

Supports bill S-8: The NDP supports Bill S-8, which amends the Immigration and Refugee Protection Act to better link government sanctions with immigration enforcement, preventing sanctioned foreign nationals from entering Canada.
Need for stronger oversight: The NDP emphasizes the need for greater parliamentary oversight of the sanctions regime, including clarity on decision-making processes, enforcement of non-immigration related areas such as asset seizure, and transparency regarding who is being sanctioned and why.
Waiver cancellation demanded: The NDP is critical of the government's waiver on sanctions against Russia related to a pipeline part and insists it should be cancelled immediately, especially considering the equipment was never picked up by Russia and the pipeline has been damaged.
Address human rights abuses: The NDP believes that sanctions should be employed more broadly to address human rights abuses globally, including in Iran, Yemen, and Saudi Arabia, and should align with Canada's feminist foreign policy to address gender-based violence.

Bloc

Unanimous support for bill: Multiple speakers highlighted a rare moment of agreement across party lines, viewing the bill as a sensible and necessary measure to prevent sanctioned individuals, especially those involved in war crimes or human rights abuses, from finding refuge in Canada.
Consistency and vigilance needed: The party raised concerns about the delay in introducing the bill and the potential for wealthy individuals targeted by sanctions to exploit the legal system to prolong their stay in Canada.
Balancing compassion and security: The Bloc praised efforts to welcome Ukrainian refugees and families, but stressed that Canada and Quebec should be safe havens for people fleeing war and corruption, not for criminals.

Liberal

Aligns IRPA with SEMA: Bill S-8 would align the Immigration and Refugee Protection Act (IRPA) with the Special Economic Measures Act (SEMA) to ensure that foreign nationals subject to sanctions under SEMA are inadmissible to Canada, addressing the current incongruity where sanctions do not automatically trigger inadmissibility.
Modernizes sanctions framework: The bill modernizes the sanctions inadmissibility framework in IRPA, treating all sanctions-related inadmissibility grounds cohesively. It includes adding a temporal element and ensuring existing provisions of IRPA apply to the new sanctioned grounds.
Improves identification: The proposed amendments would improve Canada's ability to identify and stop sanctioned foreign nationals, allowing CBSA officers to issue removal orders at ports of entry for those inadmissible due to sanctions. This is the most efficient and effective mechanism to swiftly identify inadmissible persons as early as possible in the travel continuum and to deny their ability to acquire a visa to Canada.
Addresses refugee claims: Bill S-8 corrects an inconsistency related to refugee policy and ensures that foreign nationals are not ineligible to have a refugee claim referred to the refugee protection division of the Immigration and Refugee Board solely due to sanctions, aligning with Canada's international obligations. Those granted refugee status while sanctioned would not be eligible for permanent residency until sanctions are lifted.

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