Citizenship and Immigration committee  Under the current bill, no, they can't. The minister has proposed an amendment--or there is a government amendment in the package of motions that you have--

Citizenship and Immigration committee  You're right. There is no provision in the Immigration and Refugee Protection Act with respect to a stay of removal where there's an application for humanitarian and compassionate consideration.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  Let's look at page 47, which is the coming into force provision. It is amended to provide that these changes would come—

Citizenship and Immigration committee  I think it would be highly unlikely that it would be a permissible process under basic procedural fairness. There will be many members of the refugee protection division, and assigning the pre-removal risk assessment to a new member should not pose any problem to the board in any location.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  That is correct.

Citizenship and Immigration committee  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.

Citizenship and Immigration committee  Okay. I understand.

Citizenship and Immigration committee  You refer to “rare” circumstances. I'm not sure that I understand what “rare” means. Maybe that's a translation issue.