CIMM Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 25

Tuesday, May 15, 2001

The Standing Committee on Citizenship and Immigration met at 3:36 p.m. this day, in Room 701, La Promenade Building, the Chair, Joe Fontana, presiding.

Members of the Committee present: Mark Assad, Madeleine Dalphond-Guiral, Joe Fontana, John Herron, Steve Mahoney, Gurbax Malhi, Inky Mark, John McCallum, Anita Neville, Jerry Pickard, Yolande Thibeault, Judy Wasylycia-Leis, Lynne Yelich.

Acting Member present: Tony Tirabassi for Jean Augustine

In attendance: From the Library of Parliament: Jay Sinha, Researcher.

Witnesses: From the Citizenship and Immigration Canada: Joan Atkinson, Assistant Deputy Minister, Policy and Program Development; Daniel Therrien, General Counsel, Legal Services; Elizabeth Tromp, Director General, Enforcement Branch; Mark Davidson, Deputy Director, Economic Policy and Programs; Gerry Van Kessel, Director General, Refugees; Dick Graham, Acting Director, Legislative Review, Enforcement; Jennifer Lutfallah, Senior advisor, Asylum Refugees Branch.

Pursuant to its Order of Reference of Tuesday, February 27, 2001, the Committee resumed consideration of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger (See Minutes of Proceedings, Thursday, March 1st, 2001, Meeting No. 2).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 15,

Steve Mahoney moved, -- That Bill C-11, in Clause 15, be amended by replacing lines 13 to 15 on page 9 with the following:

this Act.

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-11, in Clause 15, be amended by adding after line 24 on page 9 the following:

"(1.1) A foreign national shall have the right to have counsel present during an examination."

After debate, the question being put on the amendment, it was negatived.

Clause 15, as amended, carried.

On Clause 16,

Steve Mahoney moved, -- That Bill C-11, in Clause 16, be amended by replacing lines 1 and 2 on page 10 with the following:

(2) In the case of a foreign national,

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- that Bill C-11, in Clause 16, be amended by replacing line 9 on page 10 with the following:

permanent resident or a foreign national who is arrested,

After debate, the question being put on the amendment, it was adopted.

Clause 16, as amended, carried.

On Clause 18,

Steve Mahoney moved, -- That Bill C-11, in Clause 18, be amended

(a) by replacing line 18 on page 10 with the following:

18. (1) Every person seeking to enter Canada

(b) by adding after line 22 on page 10 the following:

(2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada.

After debate, the question being put on the amendment, it was adopted.

Inky Mark moved, -- That Bill C-11 be amended by adding after line 22 on page 10 the following new clause:

"18.1 Every person entering Canada, regardless of the person's point of entry, shall be subject, upon entry, to a security check."

After debate, the question being put on the amendment, it was negatived.

Clause 18, as amended, carried.

On Clause 19,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 19, be amended by replacing lines 33 to 35 on page 10 with the following:

"resident to enter Canada unless loss of status has been established."

After debate, the question being put on the amendment, it was negatived.

After debate, Clause 19 carried.

On Clause 20,

Steve Mahoney moved, -- That Bill C-11, in Clause 20, be amended by replacing, in the English version, line 12 on page 11 with the following:

issued by the province indicating that the

After debate, the question being put on the amendment, it was adopted.

Inky Mark moved, -- That Bill C-11, in Clause 20, be amended by adding after line 15 on page 11 the following:

"20.1 (1) The name of each person who enters or leaves Canada shall be recorded along with the date on which the person entered or left Canada.

2) Where the name of a person appears in the records kept pursuant to subsection (1), that person shall be deemed to have either entered or left Canada, as the case may be, on the specified date."

After debate, the question being put on the amendment, it was negatived.

Clause 20, as amended, carried.

On Clause 21,

Steve Mahoney moved, -- That Bill C-11, in Clause 21, be amended

(a) by replacing line 16 on page 11 with the following:

21. (1) A foreign national becomes a perma-

(b) by adding after line 21 on page 11 the following:

(2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

After debate, the question being put on the amendment, it was adopted.

Clause 21, as amended, carried.

Clause 24 carried.

On Clause 25,

Steve Mahoney moved, -- That Bill C-11, in Clause 25, be amended by replacing lines 9 to 13 on page 12 with the following:

25. (1) The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister's own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status

After debate, the question being put on the amendment, it was adopted.

Clause 25, as amended, carried.

On Clause 26,

Steve Mahoney moved, -- That Bill C-11, in Clause 26, be amended by replacing lines 37 to 39 on page 12 with the following:

may be taken into account;

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 26, be amended by replacing line 42 on page 12 with the following:

class, on permanent residents and foreign nationals; and

After debate, the question being put on the amendment, it was adopted.

Clause 26, as amended, carried.

Clause 27 carried.

On Clause 28,

Inky Mark moved, -- That Bill C-11, in Clause 28, be amended by replacing lines 6 to 41 on page 13 and lines 1 to 5 on page 14 with the following:

"28. (1) A permanent resident must comply with a residency obligation with respect to every ten-year period.

(2) The following provisions govern the residency obligation under subsection (1):

1. a permanent resident complies with the residency obligation with respect to a ten-year period if, on each of a total of at least 730 days in that ten-year period, they are physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public sevice of Canada or of a province, or

(v) referred to in regulations providing for other means of compliance;

2. it is sufficient for a foreign national to demonstrate at examination

1. if they have been a permanent resident for less than ten years, that they will be able to meet the residency obligation in respect of the ten-year period immediately after they became a permanent resident;
2. (ii) if they have been a permanent resident for ten years or more, that they have met the residency obligation in respect of the ten-year period immediately before the examination; and"

After debate, the question being put on the amendment, it was negatived.

John Herron moved, -- That Bill C-11, in Clause 28, be amended by replacing line 14 on page 13 with the following:

"least 365 days in that five-year period, they"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 28, be amended by replacing line 34 on page 13 with the following:

(b) it is sufficient for a permanent resident to

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 28, be amended by replacing line 8 on page 14 with the following:

ations relating to a permanent resident, taking

After debate, the question being put on the amendment, it was adopted.

Clause 28, as amended, carried.

On Clause 30,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 30, be amended by replacing, in the French version, line 17 on page 14 with the following:

"ne peut exercer un travail au"

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 30, be amended by replacing lines 26 and 27 on page 14 with the following:

30. (1) A foreign national may not work or study in

After debate, the question being put on the amendment, it was adopted.

Inky Mark moved, -- That Bill C-11, in Clause 30, be amended by replacing, in the English version, line 30 on page 14 with the following:

"(2) Every minor child in Canada, other than a"

After debate, the question being put on the amendment, it was adopted.

Clause 30, as amended, carried.

On Clause 31,

John Herron moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 34 and 35 on page 14 with the following:

"31. (1) A permanent resident and a protected person shall be provided with a"

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 34 to 36 on page 14 with the following:

"31. (1) A permanent resident and a protected person shall be provided with a status document that may be used as a travel document."

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 34 to 42 on page 14 and lines 1 to 20 on page 15 with the following:

"31. (1) A permanent resident, a Convention refugee and a protected person shall, immediately after their status is established, be provided with a document indicating that status and a travel document.

(2) A permanent resident, Convention refugee or protected person who is outside Canada and who is not in possession of a status document shall be issued a travel document immediately following confirmation of their status."

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 37 to 42 on page 14 and lines 1 to 5 on page 15 with the following:

"(2) For the purposes of this Act, unless an officer determines otherwise, a foreign national in possession of a status document is presumed to have the status indicated in that document."

After debate, the question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 38 to 42 on page 14 and lines 1 to 5 on page 15 with the following:

"officer determines otherwise, a foreign national in possession of a status document referred to in subsection (1) is presumed to have the status indicated."

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 31, be amended

1. by replacing line 39 on page 14 with the following:

(a) a person in possession of a

(b) by replacing line 1 on page 15 with the following:

(b) a person who is outside Canada

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 31, be amended by replacing lines 1 to 20 on page 15 with the following:

"(b) a person outside Canada who is not a Canadian citizen and who does not present a status document indicating permanent resident status, Convention refugee status or protected person status, as the case may be, is presumed not to have the status claimed.
(3) A permanent resident, Convention refugee or protected person who is outside Canada and who is not in possession of a status document shall, following confirmation of their status, be issued a travel document."

After debate, the question being put on the amendment, it was negatived.

Clause 31, as amended, carried.

On Clause 32,

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 32, be amended by replacing line 21 on page 15 with the following:

"32. (1) Subject to subsection (2), the regulations may provide for any"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 32, be amended by replacing line 38 on page 15 with the following:

or by class, on permanent residents and foreign nationals, including

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 32, be amended by adding after line 45 on page 15 the following:

"(2) The regulations may not require persons other than Canadian citizens who enter Canada in order to provide domestic or caregiver services to live in the employer's household. These persons must be granted permanent resident status on their arrival in Canada."

After debate, the question being put on the amendment, it was negatived.

Clause 32, as amended, carried.

On Clause 34,

Steve Mahoney moved, -- That Bill C-11, in Clause 34, be amended by replacing, in the English version, line 7 on page 16 with the following:

34. (1) A permanent resident or a foreign national is inadmissible on

After debate, the question being put on the amendment, it was adopted.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 34, be amended by replacing line 14 on page 16 with the following:

"by force of any democratically elected government;"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 34, be amended by replacing line 26 on page 16 with the following:

a permanent resident or a foreign national who satisfies the Minister

After debate, the question being put on the amendment, it was adopted.

Clause 34, as amended, carried.

On Clause 35,

Steve Mahoney moved, -- That Bill C-11, in Clause 35, be amended by replacing, in the English version, line 29 on page 16 with the following:

35. (1) A permanent resident or a foreign national is inadmissible on

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 35, be amended by replacing lines 3 to 11 on page 17 with the following:

(c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 35, be amended by replacing line 13 on page 17 with the following:

the case of a permanent resident or a foreign national who satisfies the

After debate, the question being put on the amendment, it was adopted.

Clause 35, as amended, carried.

On Clause 36,

Steve Mahoney moved, -- That Bill C-11, in Clause 36, be amended by replacing, in the English version, line 16 on page 17 with the following:

36. (1) A permanent resident or a foreign national is inadmissible on

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 36, be amended by replacing, in the English version, lines 38 and 39 on page 17 with the following:

(2) A foreign national is inadmissible on grounds of

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 36, be amended by replacing line 32 on page 18 with the following:

permanent resident or foreign national who, after the prescribed

After debate, the question being put on the amendment, it was adopted.

Clause 36, as amended, carried.

On Clause 37,

Steve Mahoney moved, -- That Bill C-11, in Clause 37, be amended by replacing, in the English version, line 46 on page 18 with the following:

37. (1) A permanent resident or a foreign national is inadmissible on

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 37, be amended

1. by replacing line 21 on page 19 with the following
2. of a permanent resident or a foreign national who satisfies the

(b) by replacing line 27 on page 19 with the following:
only of the fact that the permanent resident or foreign national

After debate, the question being put on the amendment, it was adopted.

Clause 37, as amended, carried.

On Clause 38,

Steve Mahoney moved, -- That Bill C-11, in Clause 38, be amended by replacing, in the English version, lines 31 and 32 on page 19 with the following

38. (1) A foreign national is inadmissible on health

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 38, be amended by replacing lines 33 to 45 on page 19 and lines 1 to 8 on page 20 with the following:

"grounds if their health condition is likely to be a danger to public health or public safety."

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 38, be amended by deleting lines 40 to 45 on page 19 and lines 1 to 8 on page 20.

After debate, the question being put on the amendment, it was negatived.

Clause 38, as amended, carried.

On Clause 39,

Steve Mahoney moved, -- That Bill C-11, in Clause 39, be amended by replacing lines 9 and 10 on page 20 with the following:

39. A foreign national is inadmissible for financial

After debate, the question being put on the amendment, it was adopted.

Clause 39, as amended, carried.

On Clause 40,

Steve Mahoney moved, -- That Bill C-11, in Clause 40, be amended by replacing, in the English version, line 18 on page 20 with the following:

40. (1) A permanent resident or a foreign national is inadmissible

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-11, in Clause 40, be amended by replacing lines 20 to 24 on page 20 with the following:

"(a) for directly or indirectly misrepresenting material facts relating to a matter in the course of any application under this Act;"

After debate, the question being put on the amendment, it was negatived.

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 40, be amended by replacing lines 21 to 24 on page 20 with the following:

"ing material facts relating to a relevant matter in an application made under this Act;"

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 40, be amended by replacing lines 21 to 24 on page 20 with the following:

"ing material facts relating to a relevant matter in the course of any application under this Act, unless the Board determines, on the basis of humanitarian considerations, that the misrepresentation was justified in the circumstances;"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 40, be amended by replacing, in the English version, lines 29 and 30 on page 20 with the following:

decision to allow the claim for refugee protection by the permanent resident or the foreign national; or

After debate, the question being put on the amendment, it was adopted.

Judy Wasylycia-Leis moved, -- That Bill C-11, in Clause 40, be amended by replacing line 37 on page 20 with the following:

"(a) the person who is not a Canadian citizen, whose misrepresentation is in respect of the falsification of the identity or relationship of a sponsored family class applicant, or of their own identity or their relationship with that applicant, continues to be"

After debate, the question being put on the amendment, it was negatived.

Steve Mahoney moved, -- That Bill C-11, in Clause 40, be amended by replacing line 37 on page 20 with the following:

(a) the permanent resident or the foreign national continues to be

After debate, the question being put on the amendment, it was adopted.

Clause 40, as amended, carried.

On Clause 41,

Steve Mahoney moved, -- That Bill C-11, in Clause 41, be amended by replacing lines 4 to 7 on page 21 with the following:

41. A person is inadmissible for failing to comply with this Act

(a) in the case of a foreign national, through an act or omission which

After debate, the question being put on the amendment, it was adopted.

Clause 41, as amended, carried.

On Clause 42,

Steve Mahoney moved, -- That Bill C-11, in Clause 42, be amended by replacing lines 13 and 14 on page 21 with the following:

42. A foreign national, other than a protected person, is inadmissible on grounds of an

After debate, the question being put on the amendment, it was adopted.

Clause 42, as amended, carried.

On Clause 43,

Steve Mahoney moved, -- That Bill C-11, in Clause 43, be amended by replacing line 27 on page 21 with the following:

stances in which a class of permanent residents or foreign nationals is

After debate, the question being put on the amendment, it was adopted.

Clause 43, as amended, carried.

On Clause 44,

Steve Mahoney moved, -- That Bill C-11, in Clause 44, be amended by replacing line 31 on page 21 with the following:

a permanent resident or a foreign national who is in Canada is

After debate, the question being put on the amendment, it was adopted.

John McCallum moved, -- That Bill C-11, in Clause 44, be amended by replacing lines 35 to 41 on page 21 with the following:

(2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 44, be amended by replacing lines 2 to 4 on page 22 with the following:

Steve Mahoney may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an

After debate, the question being put on the amendment, it was adopted.

Clause 44, as amended, carried.

On Clause 45,

Steve Mahoney moved, -- That Bill C-11, in Clause 45, be amended by replacing line 19 on page 22 with the following:

(c) authorize a permanent resident or a foreign national, with or

After debate, the question being put on the amendment, it was adopted.

Steve Mahoney moved, -- That Bill C-11, in Clause 45, be amended by replacing lines 27 and 28 on page 22 with the following:

who has been authorized to enter Canada or a permanent resident, if it is satisfied that the foreign national or the permanent resident is

After debate, the question being put on the amendment, it was adopted.

Clause 45, as amended, carried.

On Clause 46,

Steve Mahoney moved, -- That Bill C-11, in Clause 46, be amended by replacing, in the English version, line 30 on page 22 with the following:

46. (1) A person loses permanent

After debate, the question being put on the amendment, it was adopted.

Clause 46, as amended, carried.

On Clause 49,

Madeleine Dalphond-Guiral moved, -- That Bill C-11, in Clause 49, be amended by replacing line 1 on page 24 with the following:

"(c) 60 days after notification that the claim"

After debate, the question being put on the amendment, it was negatived.

Clause 49, carried.

Clause 50 carried.

Clause 51 carried.

On Clause 53,

Steve Mahoney moved, -- That Bill C-11, in Clause 53, be amended

1. by replacing line 44 on page 24 with the following:
2. class, on permanent residents and foreign nationals;
3. by replacing line 3 on page 25 with the following:

permanent resident or a foreign national;

(c) by replacing line 13 on page 25 with the following:

Records Act on the status of permanent residents and foreign nation-

After debate, the question being put on the amendment, it was adopted.

Clause 53, as amended, carried.

At 7:30 p.m., the Committee adjourned to the call of the Chair.

Jacques Lahaie

Clerk of the Committee