Citizenship and Immigration Committee on June 1st, 2010

[John Butt]

Yes. G-3, G-4, and G-6 are the provisions that move the pre-removal risk assessment from the department to the board. G-5 is a consequential amendment with respect to those cases that are retained by the minister for vacation, which we've already dealt with. Later on, there are a number of transitional provisions governing the transfer of the process, so that cases that are pending before the minister will continue before the minister and new cases will go to the board, upon the coming into force of these provisions.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Which are those?

That would save us some time.

[John Butt]

They are G-9, G-10, G-11, and G-12. I think they run from pages 44 to 47. Those four govern the transition from the current system to the new system when these provisions would come into force.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Tell me about....

Do you mind, Mr. Chair, if I ask something else?

[The Chair, Conservative, David Tilson]

No. You're asking about the area that I thought we were going to get into, so you're doing fine.

[Olivia Chow, NDP, Trinity—Spadina, ON]

We just knocked off four in a row.

[The Chair, Conservative, David Tilson]

You're doing a great job.

[Olivia Chow, NDP, Trinity—Spadina, ON]

On pages 44 and 47, then, the transition, let's say this came into effect tomorrow and the transfer happens. Before the transfer, the case would remain with CIC. After the transfer, well, then, RAD has to get set up. During the time when RAD is set up, what happens?

[John Butt]

Let's look at page 47, which is the coming into force provision.

It is amended to provide that these changes would come—

[Olivia Chow, NDP, Trinity—Spadina, ON]

Hang on a second. What number is 47?

[John Butt]

Sorry; it's page 47, G-12.

This provides that the provisions with respect to the transfer of the PRRA will come up to 12 months after the date that the other changes to the legislation come into force. That is because we don't want to burden the board with two transitional provisions at the same time. So the board will set up the RAD. When it's ready, it will be proclaimed, and then up to one year later, the transfer of the pre-removal risk assessment from the department to the board will take place, so that these things can be done in the most efficient manner possible and we don't end up with too many things for the board to deal with in too short a time.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Okay.

In the meantime, before RAD is set up, CIC will continue to deal...and then a year after RAD is set up, CIC will continue to deal with all the PRRA provisions. Is that right?

[John Butt]

That is correct.

[Olivia Chow, NDP, Trinity—Spadina, ON]

While the appeal division is being set up, refugee claimants will still have the opportunity--because they have no access to appeal--or the access to PRRA, even though 98% get rejected anyway.

Am I correct on that one?

[John Butt]

Up until the time when the provisions with respect to the refugee appeal division come into force, all claimants who are rejected by the refugee protection division will have access to the pre-removal risk assessment. The proposed one-year bar starts only for decisions of the refugee protection division or the refugee appeal division that take place after the provisions with respect to the refugee appeal division come into force.

[Olivia Chow, NDP, Trinity—Spadina, ON]

I see. So the one-year bar and PRRA and the H and C, that you can't go into both streams--both of those wouldn't come into effect until the refugee appeal division is set up and functioning.

[John Butt]

In terms of the transitional provisions with respect to the H and C decision-making process, it comes into force on royal assent. Then there are certain exceptional transitional provisions that affect the timing for particular persons, depending on whether the claim is determined between royal assent and the coming into force of the RAD provisions, and retaining an ongoing opportunity for persons whose claims are pending after the coming into force of the appeal division provisions for a concurrent application for humanitarian and compassionate grounds.

[Olivia Chow, NDP, Trinity—Spadina, ON]

That's not quite fair, though, because the appeal division is not set up yet, but the humanitarian and compassionate grounds would come into force, which means that...because it takes two years to set up the appeal division. In the meantime, these folks wouldn't have the opportunity to have what they've had in the past--right now, for example.

That's not fair. Why is--

[John Butt]

Well, I'm not going to get into a question of whether it's fair or unfair. The timing for persons whose claims are determined by the refugee protection division between royal assent and the coming into force of the RAD provisions is that the one-year bar on humanitarian and compassionate applications will not apply. But for those persons whose claims are still pending on the coming into force of the refugee appeal division provisions, the provision that bars concurrent applications for humanitarian and compassionate consideration while the claim is pending will not be applicable. That's what the legislation provides.

So there are, if you like, mitigating transitional provisions with respect to the H and C bar, but those are separate from the question of the bar on pre-removal risk assessments. That is tied directly to the coming into force of the RAD.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Okay.

And the government's G-9, G-10, and G-11 basically do the same thing; you transfer everything to...?

Mr. Chair, I don't want to dominate here. I hope I'm at the right....

Yes? Okay.

So G-9, G-10, and G-11 basically say that we let RAD get set up, and then we transfer everything PRRA into CIC. That's what is happening?

What do G-9, G-10, and G-11 do?

[John Butt]

Well, G-9 simply retains what is currently in the bill, which is that the one-year bar on access to pre-removal risk assessment starts from the date on which the RAD provisions come into force. The change in this motion is simply to change the reference: “subsection 15(1)” becomes “subsection 15(3)” because we've added new proposed subsections 15(1) and (2) in these motions.

It's just a technical change.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Okay. And amendment G-10...?

[John Butt]

Amendment G-10 is to confirm that applications that are pending prior to the coming into force of the transfer of the pre-removal risk assessment to the board will be dealt with under the current provisions; that is to say, the decisions will be made by or in the name of the minister.

Then, in amendment G-11, we have a provision to make it clear that... Just let me make sure I have this one right, because I don't want to confuse myself and you. Again, it's a change with respect to subsection 15(3). The provision had read subsection 15(1), so it's just a technical correction because of the renumbering of the provisions of the bill as proposed in these motions. There is no substantive change.

[Olivia Chow, NDP, Trinity—Spadina, ON]

So amendment G-11 is--

[John Butt]

It's just a technical change.