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Protecting Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jason Kenney  Conservative

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 and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Similar bills

C-4 (41st Parliament, 1st session) Preventing Human Smugglers from Abusing Canada's Immigration System 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 C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2014) Law Economic Action Plan 2014 Act, No. 1

Votes

June 11, 2012 Passed That the Bill be now read a third time and do pass.
June 11, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) gives significant powers to the Minister that could be exercised in an arbitrary manner, including the power to designate so-called “safe” countries without independent advice; (b) violates international conventions to which Canada is signatory by providing mechanisms for the government to indiscriminately designate and subsequently imprison bona fide refugees – including children – for up to one year; (c) undermines best practices in refugee settlement by imposing, on some refugees, five years of forced separation from families; (d) adopts a biometrics programme for temporary resident visas without adequate parliamentary scrutiny of the privacy risks; and (e) is not clearly consistent with the Canadian Charter of Rights and Freedoms.”.
June 4, 2012 Passed That Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, as amended, be concurred in at report stage with further amendments.
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following: “foreign national who was 18 years of age or”
June 4, 2012 Failed That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following: “58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 27.
June 4, 2012 Passed That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following: “critère”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 26.
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following: “(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”
June 4, 2012 Failed That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following: “foreign national is”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 23.
June 4, 2012 Passed That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following: “79. In sections 80 to 83.1, “the Act” means”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 79.
June 4, 2012 Failed That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following: “(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 78.
June 4, 2012 Failed That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following: “(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted. (4) The regulations referred to in subsection (1) must provide ( a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and ( b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted. (5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division ( a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and ( b) shall be perfected within 30 days after filing.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 59.
June 4, 2012 Failed That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following: “170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 51.
June 4, 2012 Failed That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following: “110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against ( a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection; ( b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or ( c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 36.
June 4, 2012 Failed That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following: “prescribed biometric information, which must be done in accordance with the Privacy Act.”
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 6.
June 4, 2012 Failed That Bill C-31 be amended by deleting Clause 1.
May 29, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
April 23, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, because it: ( a) places an unacceptable level of arbitrary power in the hands of the Minister; (b) allows for the indiscriminate designation and subsequent imprisonment of bone fide refugees for up to one year without review; (c) places the status of thousands of refugees and permanent residents in jeopardy; (d) punishes bone fide refugees, including children, by imposing penalties based on mode of entry to Canada; (e) creates a two-tiered refugee system that denies many applicants access to an appeals mechanism; and (f) violates the Canadian Charter of Rights and Freedoms and two international conventions to which Canada is signatory.”.
March 12, 2012 Passed That, in relation to Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than four further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 12:50 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I kind of wish I did not have to speak to Bill C-31 at report stage because it is a bill that we in the NDP very much oppose. We are very concerned about its passage through report stage and on to third reading.

Our colleague, the member for Newton—North Delta, has worked so hard in committee. She tried valiantly to make amendments to the bill at committee to improve it.

I will begin my remarks by reflecting on the history of the bill. It has an interesting history. There was an original bill which was amended to become Bill C-11, as a result of the Conservative government being in a minority Parliament. It was interesting that at that time there was some co-operation and collaboration to actually remove some of the worst aspects of the bill and to move forward with a bill that was more acceptable to members of Parliament. Of course, now there is a majority Conservative government and it is very disturbing to see that what the Conservatives did was rather than continue with former Bill C-11, they came back with a bill that is quite horrifying in terms of what it will do.

What I find disturbing is that when we hear the speeches from the government members, on the one hand they say that the bill is all about fairness and balance and that we are going to be treating refugees in a proper way and respecting international conventions and Canada's history around refugees. Then on the other hand, everything that comes out of the Conservatives' mouths is basically about abuse of the system.

It is the same kind of mantra we hear so much on the government's legislation around law and order, the Criminal Code and criminal justice. It is always about focusing on what the Conservatives see as abuse and changing laws in massive widespread ways that have an impact on society as a whole. It is a very disturbing pattern that we have seen with the government. It is a tactic the Conservatives use to divide people.

There are fears about people coming to Canada. People have many fears, but when we see a government deliberately playing on those fears and exploiting people's concerns, whether it is about immigration, refugees, or whatever it might be, it feels really bad. It feels like this is absolutely what we should not be doing. Our laws should be based on overall merit, objectivity and the public interest, rather than singling out abuse. We have seen that many times in the political environment. An example would be the attacks on people who are poor, who live on welfare. We call it poor-bashing, where laws are designed to basically scapegoat people on welfare when the rate of abuse is no more than for people in the financial sector who are involved in abuse. It becomes very much a class issue, a term which we do not use very often in the House. It becomes a way of singling people out, of targeting particular segments of our community by saying there are good people and bad people, there are criminals and there are victims, making that very simplistic division.

I wanted to begin that way because we see it so often in much of the legislation that is coming forward. Unfortunately, Bill C-31 is no different. It is a bill, like many other bills from the Conservative government, that confers greater power and authority on the minister.

I am the health critic for the NDP. We have seen recent changes in the health field around the Food and Drugs Act that will do the same thing for the Minister of Health. It will confer much greater power in terms of decision-making away from expert advice, away from a broader notion of public interest. It becomes much more of a partisan, and I would say ideological, decision-making process. Bill C-31 which deals with our refugee system is no different and in fact is probably worse.

There are many reasons to oppose the bill. One is that it concentrates more power in the minister's hands. For example, he would designate what are safe countries without any advice from independent experts.

Another major concern is it will restrict access to the humanitarian and compassionate consideration grounds for a refugee. This will be very problematic. It means that people will have to claim, at the beginning of the process, whether they will file for refugee status or humanitarian and compassionate grounds consideration. This will be a huge issue because people may not know at that point which avenue they will need to pursue. As it is now, people can go through the process and they can also file on humanitarian and compassionate grounds and know it is a due process on which they can rely.

The big concern is the arbitrary designation of so-called irregular arrivals and all that means, This raises huge alarm bells. I remember reading over the years what had occurred in places like Australia where it had mandatory detention and the kind of xenophobia and violent public discourse that took place as a result of that kind of government practice and legislation. Many of us feel this is something Canada now seems to be embarking upon. It is absolutely the wrong way to go.

I feel very concerned because when we have the minister making decisions without expert advice, those decisions can become very political and partisan. Yes, we are in politics, we all make political decisions, but when we deal with something as fundamental as a refugee process that is governed under international, UN and Geneva conventions, how we approach that is critical. Therefore, having the minister saying what is a safe country or saying that, for example, the European Union is not a safe country misses the complexity of our global environment.

I recently saw a film called Never Come Back, which is about the Roma in Canada. The film begins by speaking about Roma people who have settled in, particularly in the communities of Hamilton and Toronto. At the beginning, we think these are great contributors to the local society. There were people working in schools and long-term care facilities as cleaners and in pizza places and they had a soccer team. We wonder whether these people have been persecuted or are they refugees. Then the film takes us back to their home communities and we see the unbelievable persecution that the Roma had experienced, which was horrifying. It is something that is going on as neo-Nazism, xenophobia and violence against targeted minorities grow.

It is very alarming that the simplistic approach of the bill and the fact that it would give the minister so much power would possibly mean that many people who would be refugees legitimately fleeing persecution, hard-working Canadians who will make an enormous contribution to our society when they come here, would be cast aside for political reasons. We have been told that the bill is about getting at abuse. There is this heavy-handed approach at basically eliminating the possibility of many legitimate people from also coming through.

That is only a bit of what I wanted to say. However, it is another sad day that this legislation will go through. The bill has been resoundingly criticized by every major organization that deals with this issue. Even new groups, like the Canadian Doctors for Refugees in Canada, are so concerned about regulatory changes involving refugees and their health coverage. Because of that, they formed a new group and 50 of them visited the offices of elected members. We have not seen this before. I think it is because this kind of legislation will impact so many levels of our society that people who have not spoken out before are now saying they have to speak out.

We hope that possibly some of our amendments on report stage will be approved. I am skeptical about this, but nevertheless we will continue to speak out against this kind of legislation.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1 p.m.

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, the member for Vancouver East said that the bill would eliminate the possibility for some asylum claimants to get protection in Canada. Is she not aware that every asylum claimant from every country, regardless the mode of their arrival, would have access to the same kind of full fact-based oral hearing before an independent highly-trained IRB decision maker on the merits of their asylum case with no negative prejudice associated with it and that the bill would maintain Canada's absolute obligation of non-refoulement for bona fide refugees?

Furthermore, she mentioned particularly Roma refugee asylum claimants. Is she aware that over 95% of the asylum claimants coming from the European Union have abandoned or withdrawn their own claims of their own accord, admitting that they do not need Canada's protection? Is she aware of that fact and would she care to reflect on it?

Also, the member has proposed repeatedly that we grant old age security to immigrant seniors after their third year of residency in Canada. It now appears that she also believes we should provide free supplementary health benefits to even smuggled migrants and rejected asylum claimants in Canada. I think I heard her endorse the position of those criticizing our changes to the interim federal health program. I would like her to clarify this. Is she in favour of granting supplementary benefits to even failed asylum claimants and smuggled migrants, which benefits are not normally available to Canadian citizens?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I have a great fear that the changes in the bill that will give the Minister of Citizenship, Immigration and Multiculturalism more power will mean that the system will not work the way it used to. I guess it is a matter of trust. I simply do not trust that minister nor his government to engage in a fair process. I think they have another agenda. That is why we feel so very concerned about the bill.

Whatever the minister might put forward today, at the end of the day the bill is about the process, about the minister's powers and the potential of what could happen. We can say very clearly, along with every other group that has examined this bill—

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Is that a yes or a no?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

Conservative

Jason Kenney Conservative Calgary Southeast, AB

I'm going to guess yes.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River, BC

Doesn't sound very good for Canadians.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Is that a yes?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I guess they do not want to hear the answer, but I will continue.

Any group that has examined this bill has come to the same conclusion as the NDP, that the bill should be defeated.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to ask the member a question in regard to Canada's international reputation.

If we take a look at it, we have somewhere in the neighbourhood of 10 million plus refugees around the world. Canada was respected as one of the countries that played a leading role on the whole refugee policy. We do get a good percentage of refugees compared to other countries. We see that as a positive thing.

Numerous people came to committee while the bill was being debated. A consensus was developing that in fact Bill C-31 would in fact tarnish Canada's leadership role on the whole refugee file. We should all be concerned about that. Most Canadians are quite compassionate and feel very strongly in protecting those individuals, even if it means not necessarily being able to come to Canada, and our influence in the world to make a better home for people around the world.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:05 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I was not at the committee so I did not hear the witnesses, but I certainly talked with my colleagues who were on the committee and I heard a very similar description of what took place at committee. There is a lot of concern about what it means in not only Canada's reputation, but what our obligations are under various conventions for refugees. The bill, if it goes through, there is the suggestion that it will violate the charter in terms of arbitrary detention, so it may well face a legal challenge and there may be other challenges on how it contravenes international conventions.

Again, one would think this would give the government some pause for thought to think about what our role is in the international community. However, it appears that it is not willing to be thoughtful, that it does have a very political mission on the bill, and that is to create this them and us situation to focus on abuse and in the process deny many legitimate refugees the opportunity to be in our country.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:10 p.m.

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Transport)

Mr. Speaker, I am pleased to speak today in support of Bill C-31, the protecting Canada's immigration system act.

Canada enjoys a global reputation as a nation that champions democracy, equality and freedom of speech. I believe strongly in the benefits and opportunities that come from a diverse society.

The fact is that most Canadians have a chapter in their family history that includes immigration and resettlement. It is what helps define Canada. There are countless individuals and families around the world who want to add the same chapter to their family history by coming to Canada. This is a source of pride for our government and for all Canadians.

Unfortunately the reality is that there are individuals and criminal organizations that see our generosity as an easy target to make a high profit with low risk. These criminal elements use Canada's great reputation to spin false and malicious stories of how refugees can bypass the proper channels by paying a set fee.

Until recently most Canadians believed that large-scale human smuggling was something that did not happen here, that it was something that they just read about, that it happened in countries like Australia.

All that changed in 2009 when Canadians witnessed the arrival on the west coast of the MV Ocean Lady, carrying 76 migrants, and then less than a year later 500 migrants arrived on the second vessel the MV Sun Sea. Shortly after that a sea container was uncovered at the port of Montreal, concealing yet more individuals who wanted to enter Canada illegally.

Suddenly Canadians' eyes were wide open. Suddenly they realized this was a problem. Canadians reacted. They told us they wanted our government to act decisively to crack down on those who would endanger the lives of men, women and children by selling them false dreams and transporting them in unsafe vessels or shipping crates.

I realize my time is short, but members on this side of the House have done extraordinary work in this area. The member for Kildonan—St. Paul has her human trafficking private member's bill. The Minister of Immigration is probably the best immigration minister that Canada has ever had.

The Minister of Immigration has a very strong understanding of the bill. He has consulted extensively. He knows what is right for Canada and he knows what is right and fair for everyone involved in immigration or as a refugee.

Our bill would put a stop to foreign criminals, human smugglers and bogus refugees abusing our generous immigration system and receiving lucrative tax-funded health and social benefits. At the same time, the bill would protect those who would be truly in need more quickly.

Those who are truly in need is a very important aspect. Why should those who are in need be penalized by those who abuse the system, the criminals or the people who are not genuine refugees? There is a system, but the old system is broken. The new system, under the greatest Minister of Immigration ever, will be a better and fairer system and, most important, the best system for Canada.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

It being 1:15 p.m., pursuant to an order made Tuesday, May 29, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:15 p.m.

Some hon. members

Agreed.

No.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:15 p.m.

The Acting Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Protecting Canada's Immigration System ActGovernment Orders

June 1st, 2012 / 1:15 p.m.

Some hon. members

Yea.