SECU Committee Report

Clause 4

That Bill C-12, in Clause 4, be amended by adding after line 30 on page 2 the following:

“(2) If any premises or place referred to in subsection (1) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

(3) On ex parte application by the Minister, a judge may issue a warrant authorizing an officer to enter a dwelling-house, subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that

(a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

(b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and

(c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry into the dwelling-house will be, refused.

(4) In this section, dwelling-house has the same meaning as in subsection 42(1).”

New Clause 24.1

That Bill C-12 be amended by adding before line 12 on page 11 the following new clause:

“24.1 Subsection 40(2) of the Oceans Act is replaced by the following:

Encouragement of activities

(2) For the purpose of subsection (1), the Minister shall encourage activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada.”

Clause 25

That Bill C-12, in Clause 25, be amended

(a) by replacing lines 15 to 17 on page 11 with the following:

“41 (1) The Minister of National Defence is responsible for”

(b) by replacing lines 1 to 3 on page 12 with the following:

“(2) The Minister of National Defence shall ensure that the services referred to in subpara‐”

Clause 39

That Bill C-12, in Clause 39, be amended by adding after line 23 on page 18 the following:

“(4) Section 49 of the Act is amended by adding the following after subsection (2):

(3) The Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays.

(4) The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed.

(5) The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day.”

New Clause 39.1

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Subsection 55(1) of the Act is replaced by the following:

55 (1) An officer must issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2).”

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Section 78 of the Act is replaced by the following:

Determination

78 The judge shall determine whether the certificate is reasonable, within 30 days after the day on which it was referred in priority cases or within 60 days after the day on which it was referred in all other cases, and shall quash the certificate if they determine that it is not reasonable.”

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Section 81 of the Act is replaced by the following:

Ministers’ warrant

81 The Minister and the Minister of Citizenship and Immigration must issue a warrant for the arrest and detention of a person who is named in a certificate if they have reasonable grounds to believe that the person is a danger to national security or to the safety of any person or is unlikely to appear at a proceeding or for removal.”

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Section 94 of the Act is amended by adding the following after subsection (2):

(3) The report shall also include

(a) the number of warrants issued under section 81 and the percentage of those warrants enforced;

(b) the number of persons detained under subsection 82.2(1);

(c) the number and category of documents varied or cancelled and the percentage of persons whose documents were varied or cancelled who subsequently departed Canada; and

(d) the number of removal orders enforced within 30 days and a summary of the reasons for delays in the case of orders not enforced within 30 days.”

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Subsection 94(2) of the Act is amended by adding the following after paragraph (a.1):

(a.2) all federal benefits provided during the year in question to claimants for refugee protection, including the total cost of the benefits;”

That Bill C-12 be amended by adding after line 23 on page 18 the following new clause:

“39.1 Subsection 94(2) of the Act is amended by striking out "and" at the end of paragraph (e.1), adding "and" at the end of paragraph (f) and adding the following after paragraph (f):

(g) measures taken to ensure that persons whose claim is determined to be ineligible under section 101 do not receive federal benefits, except for emergency health care.”

Clause 47

That Bill C-12, in Clause 47, be amended by replacing line 37 on page 21 to line 6 on page 22 with the following:

“104.1 (1) For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division

(a) in the case of a new claim, must not commence consideration of the claim; or

(b) in the case of an ongoing claim where the person returns to their country of origin, must deem the claim to have been abandoned.

(2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division

(a) in the case of a new appeal, must not commence consideration of the appeal, other than an appeal by the Minister; or

(b) in the case of an ongoing appeal where the person returns to their country of origin, must deem the claim to have been abandoned.”

Clause 55

That Bill C-12, in Clause 55, be amended by adding after line 15 on page 24 the following:

“(1.1) Subsection 161(1) of the Act is amended by adding the following after paragraph (a.1):

(a.11) the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with;”

Clause 67

That Bill C-12, in Clause 67, be amended by adding after line 13 on page 27 the following:

“(3) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.”

Clause 72

That Bill C-12, in Clause 72, be amended by adding after line 25 on page 28 the following:

“87.3001 For the purposes of subsections 87.301(1), 87.302(1) and 87.303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security.”

That Bill C-12, in Clause 72, be amended by adding after line 9 on page 30 the following:

“(1.1) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.”

That Bill C-12, in Clause 72, be amended by adding after line 3 on page 31 the following:

“87.3031(1) If an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting out

(a) the reasons that the order was made;

(b) the number of applications or documents affected; and

(c) a description of the persons or groups affected by the order.

(2) The report stands referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

(3) At the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future.”

Clause 73

That Bill C-12, in Clause 73, be amended by adding after line 8 on page 32 the following:

“(1.2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim.”

New Clause 75.1

That Bill C-12 be amended by adding after line 30 on page 32 the following new clause:

“PART 8.1

Immigration and Refugee Protection Act (Human Trafficking Penalties for Corporations)

75.1 Section 120 of the Immigration and Refugee Protection Act is replaced by the following:

120 (1) A person, other than an organization, as defined in section 2 of the Criminal Code, 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) An organization, as defined in section 2 of the Criminal Code, 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.”

That Bill C-12 be amended by adding after line 30 on page 32 the following new clause:

“75.1 Subsection 157(2) of the Act is replaced by the following:

(2) The Chairperson must live in Canada.”