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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 28
Thursday, June 9, 2022, 11:03 a.m. to 1:03 p.m.
Webcast
Presiding
Salma Zahid, Chair (Liberal)

• Hon. Ed Fast for Garnett Genuis (Conservative)
House of Commons
• Philippe Méla, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Julie Béchard, Analyst
• Madalina Chesoi, Analyst
• Martin McCallum, Analyst
Department of Citizenship and Immigration
• Michèle Kingsley, Director General, Immigration
• Alexis Graham, Director, Social and Discretionary Policy and Programs
• James Seyler, Director, Immigration Program Guidance
• Ben Mitchell, Counsel
Pursuant to the order of reference of Wednesday, May 4, 2022, the committee resumed consideration of Bill C-242, An Act to amend the Immigration and Refugee Protection Act (temporary resident visas for parents and grandparents).

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.

The Chair called New Clause 1.1.

Jenny Kwan moved, — That Bill C-242 be amended by adding before line 5 on page 1 the following new clause:

“1.1 Subsection 14(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c):

(c.1) special circumstances to be taken into account in the processing of temporary resident visa applications;

(c.2) a review process for decisions made in relation to temporary resident visa applications;”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Jenny Kwan appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 6;

NAYS: Bob Benzen, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 5.

Whereupon, Jenny Kwan appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 6;

NAYS: Bob Benzen, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 5.

Whereupon, Jenny Kwan appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 6;

NAYS: Bob Benzen, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 5.

Whereupon, Jenny Kwan appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Shafqat Ali, Alexis Brunelle-Duceppe, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 6;

NAYS: Bob Benzen, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 5.

At 11:10 a.m., the sitting was suspended.

At 11:15 a.m., the sitting resumed.

The Chair called Clause 2.

At 11:25 a.m., the sitting was suspended.

At 11:35 a.m., the sitting resumed.

On Clause 2,

Marie-France Lalonde moved, — That Bill C-242, in Clause 2, be amended by replacing lines 8 to 15 on page 1 with the following:

“Temporary resident visas — parents and grandparents

15.1 (1) The Minister may give instructions respecting an application for a temporary resident visa made by a foreign national to visit a Canadian citizen or permanent resident who is their child or grandchild, for an extended period in Canada, including instructions respecting selection criteria and conditions that may or must be imposed in respect of that foreign national, including the period authorized for their stay.

Compliance with instructions

(2) An officer must comply with the instructions before processing an application and when processing one.

Amendments to instructions

(3) An instruction that amends another instruction may, if it so provides, apply in respect of an application referred to in subsection (1) that is pending on the day on which the amending instruction takes effect.

Publication of instructions

(4) The instructions must be published in the Canada Gazette.

Act includes instructions

(5) Unless otherwise indicated, references in this Act to “this Act” include the instructions.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Marie-France Lalonde appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Whereupon, Marie-France Lalonde appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Whereupon, Marie-France Lalonde appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Whereupon, Marie-France Lalonde appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Clause 2 carried on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Clause 3 carried on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

On Clause 4,

Jenny Kwan moved, — That Bill C-242, in Clause 4, be amended

(a) by replacing line 2 on page 2 with the following:

“tion must prepare a report in respect of a reduction to the mini-”

(b) by replacing line 7 on page 2 with the following:

“visit that child or grandchild, including in respect of any special circumstances to be taken into account in the processing of temporary resident visa applications and a review process for the decisions made in relation to those applications.”

After debate, the question was put on the amendment of Jenny Kwan and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Clause 4, as amended, carried on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

On Clause 5,

Jenny Kwan moved, — That Bill C-242, in Clause 5, be amended

(a) by replacing line 19 on page 2 with the following:

“tion does not provide for a reduction to the minimum income re-”

(b) by replacing line 24 on page 2 with the following:

“or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each”

After debate, the question was put on the amendment of Jenny Kwan and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Clause 5, as amended, carried on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Garnett Genuis, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

Clause 1, Short Title, carried.

The Title carried.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-242, as amended, be reprinted for the use of the House of Commons at report stage.

Motion

Jenny Kwan moved, — That the committee report to the House its support for the creation of the review mechanism recommended in the following amendment proposed to C-242:

That Bill C-242 be amended by adding before line 5 on page 1 the following new clause:

“1.1 Subsection 14(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c):

(c.1) special circumstances to be taken into account in the processing of temporary resident visa applications;

(c.2) a review process for decisions made in relation to temporary resident visa applications”.

Debate arose thereon.

At 12:15, the sitting was suspended.

At 12:50, the sitting resumed.

Amendment

Marie-France Lalonde moved, — That the motion be amended by replacing the words “That the committee report to the House its support for the creation of the review mechanism recommended in the following amendment proposed to C-242:” with the words “Pursuant to Standing Order 108(2), the committee has considered C-242 An Act to amend the Immigration and Refugee Protection Act (temporary resident visas for parents and grandparents), and wishes to make the following recommendation to the Government and wishes to express its support for the creation of the review mechanism recommended in the following amendment proposed to C-242” .

The question was put on the amendment of Marie-France Lalonde and it was negatived on the following recorded division:

YEAS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5;

NAYS: Bob Benzen, Alexis Brunelle-Duceppe, Ed Fast, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Alexis Brunelle-Duceppe, Ed Fast, Jasraj Singh Hallan, Jenny Kwan, Brad Redekopp — 6;

NAYS: Shafqat Ali, Sukh Dhaliwal, Fayçal El-Khoury, Arielle Kayabaga, Marie-France Lalonde — 5.

At 1:03 p.m., the committee adjourned to the call of the Chair.



Stephanie Bond
Clerk of the committee