Evidence of meeting #15 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was section.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Kingston  President and Chief Executive Officer, Canadian Vehicle Manufacturers' Association
McGuinty  Acting Vice-President, Federal Affairs, Insurance Bureau of Canada
Hamilton  Director General, Traveller, Commercial and Trade Policy Directorate, Canada Border Services Agency
Lang  Director General, Integrity Policy and Programs, Department of Citizenship and Immigration
Bush  Director General, Immigration and Asylum Policy Directorate, Canada Border Services Agency
Hollmann  Director General, Asylum Policy, Department of Citizenship and Immigration
Calvert  Legislative Clerk

Jenny Kwan NDP Vancouver East, BC

Thank you very much, Mr. Chair.

I move that Bill C-12, in clause 74, be amended by adding after line 14 on page 32 the following:

(2) Section 111.1 of the Act is amended by adding the following after subsection (1):

(1.1) Regulations made under paragraph (1)(b.1) or (b.2) may provide for exceptions in respect of claimants who are unaccompanied minor children or who would be removed from Canada to a country in which

(a) general conditions, including armed conflict or an environmental disaster, pose a serious danger to the lives or safety of the civilian population;

(b) they would be at risk of persecution for reasons of sexual orientation or gender identity or expression; or

(c) they were victims of domestic violence or gender-based violence.

Mr. Chair, this amendment addresses the same new ineligibility provisions, as previous stakeholder groups have noted that these new restrictions will disproportionately impact women, 2SLGBTQ+ persons and other survivors of gender-based violence.

My amendment creates exemptions for this rule that would prevent Canada from arbitrarily sending people back to war zones, places ravaged by environmental disaster or places where they could be persecuted for their sexual orientation or gender identity.

It also creates exemptions for victims of domestic and gender-based violence, unaccompanied minors and individuals from moratorium countries where Canada has suspended removals due to generalized insecurity, i.e., Haiti, Afghanistan and Venezuela. An assessment process to achieve these exemptions would be worked out through regulation.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Kwan.

Shall NDP‑13 carry?

(Amendment negatived)

(Clause 74 agreed to)

The Chair Liberal Jean-Yves Duclos

We will now go to PV‑9.

Ms. May, the floor is yours.

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

I'll try to be brief on amendment PV‑9.

Again, I mentioned earlier that a lot of the amendments we're trying to put forward now are to protect procedural fairness and accuracy in the decision-making. Individuals who are subject to any new ineligibilities must have access to a hearing, and that is potentially truncated or denied by the way Bill C-12 is currently drafted. I really hope that we'll consider passing at least one opposition amendment from the smaller parties in this meeting today to stand up for refugee rights, as both Jenny Kwan and I have tried to do.

Thank you, Mr. Chair.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. May.

In the opinion of the chair, this amendment is out of order, as it proposes to amend section 113.01 of the Immigration and Refugee Protection Act, whereas that section is not amended by Bill C‑12.

(Clause 75 agreed to on division)

11:45 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

This is CPC-30. I'm just looking at you, Chair. I don't have to read the whole thing. I'll summarize what it does.

It amends the Immigration and Refugee Protection Act to ensure that corporations found guilty, essentially, of human trafficking under sections 118 and 119 as well would be subject to more penalties for it. I'll read it very quickly:

120 (1) A person, other than a corporation, who contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

(2) A corporation that contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $25,000,000.

Colleagues, what we're trying to do here is bring more penalties to corporations and individuals who are guilty of human trafficking under existing provisions in IRPA. The language on individuals is reflective of language already in law, and while we are restating it, we are also introducing a fine for corporations not exceeding $25 million under these sections.

Thank you.

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑30.

Ms. Rempel Garner, please go ahead.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

In the opinion of the chair, this amendment is out of order, as it amends section 120 of the Immigration and Refugee Protection Act, whereas that section is not amended by Bill C‑12.

Ms. Rempel Garner, please go ahead.

11:45 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

I challenge your ruling and ask for a recorded division.

(Ruling of the chair overturned: nays 5; yeas 4)

The Chair Liberal Jean-Yves Duclos

We will now debate amendment CPC‑30.

Mr. Ramsay, the floor is yours.

Jacques Ramsay Liberal La Prairie—Atateken, QC

Mr. Chair, I would like the experts to provide us with information on this amendment.

11:50 p.m.

Director General, Immigration and Asylum Policy Directorate, Canada Border Services Agency

Brett Bush

I would observe that the term “corporation” has a very specific legal meaning, and the Criminal Code utilizes the term “organization”. That's the only comment I have at this time.

The Chair Liberal Jean-Yves Duclos

Mr. Redekopp, you have the floor.

11:50 p.m.

Conservative

Brad Redekopp Conservative Saskatoon West, SK

I propose a subamendment, based on that testimony, to change the word “corporation” to “organization”.

The Chair Liberal Jean-Yves Duclos

This subamendment is fairly easy to understand. Thank you for being so succinct.

Shall the subamendment carry?

A voice

Just a moment, Mr. Chair. I'd like to speak to you.

The Chair Liberal Jean-Yves Duclos

We are resuming our work.

Thank you for helping me, MP Redekopp.

There is a subamendment to amendment CPC-30 that is quite simple. In English, the subamendment replaces the word “corporation” with “organization”.

In French, we would replace “personne morale” with “organisation”.

Those are the changes in English and French proposed in the subamendment.

Ms. Rempel Garner, you have the floor.

11:55 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

I have a question. During the suspension, I think there was discussion among the parties to include wording that said....

Chair, through you, could we ask the analyst to reiterate, because I think there was a slight clarification by the clerk.

I'm sorry. I apologize.

The Chair Liberal Jean-Yves Duclos

Yes, that is correct. The term “organization” is as defined in section 2 of the Criminal Code. The legal experts in this room would know section 2.

So there is a legal structure that allows us to understand the meaning of these terms.

Shall the subamendment carry?

(Subamendment agreed to)

(Amendment as amended agreed to)

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑31.

Ms. Rempel Garner, please go ahead.

Midnight

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Chair, I move that Bill C-12 be amended by adding, after line 30 on page 32, a new clause that would bring a new perspective to the Immigration and Refugee Board, ensuring that provinces are properly represented, bringing a fresh perspective, with qualifications ranging from law enforcement to qualified lawyers, from both anglophone and francophone regions of the country. Essentially, the amendment ensures that there's better regional representation at the IRB, and that would then also reflect the often-changing nature...where there might be different issues across the country.

This amendment would also ensure that the deputy chairperson of the immigration appeal division, a majority of the assistant deputy chairpersons of that division and at least 10% of the members of the division be lawyers or former or present law enforcement officers.

I think that this additional perspective would help the IRB make better decisions. I think this is common sense. I hope all colleagues will support this.

The Chair Liberal Jean-Yves Duclos

Thank you, Ms. Rempel Garner.

Bill C‑12 amends the Immigration and Refugee Protection Act. The amendment seeks to change the composition of the Immigration and Refugee Board by increasing the number of assistant deputy chairs.

The third edition of the House of Commons Procedure and Practice states, “Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the chair, this increase in the number of assistant deputy chairs will impose a charge on the public treasury. Therefore, I rule this amendment out of order.

Ms. Rempel Garner, please go ahead.

Midnight

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

I challenge your ruling, Chair, and I ask for a recorded division.

(Ruling of the chair sustained: yeas 5; nays 4)

The Chair Liberal Jean-Yves Duclos

That brings us to CPC‑32.

Ms. Rempel Garner, you have the floor.

Midnight

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

All right, colleagues, I move that Bill C-12 be amended by adding, after line 30 on page 32, the following new clause:

75.1(1) Paragraph 153(1)(a) of the Immigration and Refugee Protection Act is replaced by the following:

(a) are appointed to the Board by the Governor in Council following a merit-based and open competitive process, to hold office at pleasure for a term not exceeding four years, to serve in a regional or district office of the Board;

(2) Section 153 of the Act is amended by adding the following after subsection (1):

(1.1) The Minister must publish, once a year, the selection criteria used to make appointments under paragraph (1)(a) and a summary of the results of any appointment processes.

Colleagues, we should have just passed an amendment to add more merit-based hiring to the IRB. This would further depoliticize or seek to depoliticize the IRB process and ensure that there are merit-based hires. Given the strain that the immigration system is under right now, this is, I think, a sorely needed amendment. I hope that you will support it.