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MINUTES OF PROCEEDINGS
 
Meeting No. 23
 
Wednesday, June 9, 2010
 

The Standing Committee on Citizenship and Immigration met at 4:28 p.m. this day, in Room 8-53, 131 Queen St., the Chair, David Tilson, presiding.

 

Members of the Committee present: Hon. Maurizio Bevilacqua, Paul Calandra, Olivia Chow, Hon. Denis Coderre, Rick Dykstra, Nina Grewal, Thierry St-Cyr, David Tilson, Alice Wong and Terence Young.

 

Acting Members present: Gérard Asselin for Ève-Mary Thaï Thi Lac and Alan Tonks for Hon. Jim Karygiannis.

 

Associate Members present: Greg Rickford.

 

In attendance: House of Commons: Wayne Cole; Lucie Tardif-Carpentier. Library of Parliament: Sandra Elgersma; Daphne Keevil Harrold.

 

Witnesses: Department of Citizenship and Immigration: John Butt, Program Development; Jennifer Irish, Asylum Policy Program Development; Peter MacDougall, Refugees; Luke Morton, Manager, Refugee Legal Team, Legal Services.

 
Pursuant to the Order of Reference of Thursday, April 29, 2010, the Committee resumed consideration of Bill C-11, An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act.
 

The witnesses answered questions.

 

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

 

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

The Chair called Clause 2.

 

Clause 2 carried.

 

Clause 3 carried.

 

On Clause 4,

Maurizio Bevilacqua moved, — That Bill C-11, in Clause 4, be amended by replacing lines 21 to 34 on page 2 with the following:

“request if the foreign national has already made such a request and the request is pending.”

 

After debate, the question was put on the amendment of Maurizio Bevilacqua and it was agreed to on division.

 
Thierry St-Cyr moved, — That Bill C-11, in Clause 4, be amended by replacing line 41 on page 2 with the following:

“97(1) but must consider elements related to the hardships that affect the foreign national.”

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to.

 

Clause 4, as amended, carried.

 

At 4:43 p.m., pursuant to Standing Order 115(5), the sitting was suspended.

At 5:35 p.m., the sitting resumed.

 

After debate, Clause 5 carried.

 

Clauses 6 and 7 carried severally.

 

On Clause 8,

Thierry St-Cyr moved, — That Bill C-11, in Clause 8, be amended by replacing line 25 on page 4 with the following:

“application before the Minister, an officer or any Division of the”

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to.

 

Clause 8, as amended, carried.

 

Clauses 9 and 10 carried severally.

 

On Clause 11,

Rick Dykstra moved, — That Bill C-11, in Clause 11, be amended by

(a) replacing line 21 on page 5 with the following:

“by those rules. The date fixed for the interview must not be earlier than 15 days after the day on which the claim is referred, unless the claimant consents to an earlier date.”

(b) replacing lines 23 to 25 on page 5 with the following:

“the interview must, in accordance with the regulations and any directions of the Chairperson of the Board, fix the date on which the claimant is to”

 

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

 

Clause 11, as amended, carried.

 

On new Clause 11.1,

Thierry St-Cyr moved, — That Bill C-11 be amended by adding after line 27 on page 5 the following new clause:

“11.1 The Act is amended by adding the following after section 107:

107.1 If the Refugee Protection Division rejects a claim for refugee protection, it may state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent. ”

Debate arose thereon.

 

At 6:15 p.m., pursuant to Standing Order 115(5), the sitting was suspended.

At 7:37 p.m., the sitting resumed.

 
The Committee resumed consideration of the amendment of Thierry St-Cyr, — That Bill C-11 be amended by adding after line 27 on page 5 the following new clause:

“11.1 The Act is amended by adding the following after section 107:

107.1 If the Refugee Protection Division rejects a claim for refugee protection, it may state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent. ”

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to on division.

 

On Clause 12,

Thierry St-Cyr moved, — That Bill C-11, in Clause 12, be amended by

(a) replacing lines 31 to 35 on page 5 with the following:

“the purposes of section 111.1, designate a country or part of a country or a class of nationals of a country.

(1.1) The Minister may make a designation only if

(a) the number of claims for refugee protection made in Canada by nationals of the country in question is equal to or greater than the number set out in the regulations; and

(b) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question is equal to or lower than the rate set out in the regulations.

(1.2) In making a designation, the Minister must take the following criteria into account:

(a) the human rights record of the country in question as it relates to

(i) the factors set out in sections 96 and 97, and

(ii) the international human rights instruments specified in the regulations and any other international instrument that the Minister considers relevant;

(b) the availability in the country in question of mechanisms for seeking protection and redress;

(c) the number of claims for refugee protection made in Canada by nationals of the country in question;

(d) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question and the rate of appeals allowed by the Refugee Appeal Division in respect of appeals made by nationals of the country in question; and

(e) any other criteria set out in the regulations.”

(b) by deleting lines 40 to 43 on page 5 and lines 1 to 18 on page 6.

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to on division.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also adopted:

That Bill C-11, in Clause 13, be amended by

(a) replacing line 21 on page 6 with the following:

“110. (1) A ”

(b) replacing line 35 on page 6 with the following:

“(2.1) The appeal must be filed and perfected within the time limits set out in the regulations.

(3) Subject to subsections (3.1), (4) and (6), the”

(c) adding after line 45 on page 6 the following:

“(3.1) Unless a hearing is held under subsection (6), the Refugee Appeal Division must make a decision within the time limits set out in the regulations.”

That Bill C-11 be amended by adding after line 32 on page 7 the following new clause:

“14.1 The Act is amended by adding the following after section 111:

Regulations

111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions

(a) relating to the criteria referred to in subsection 109.1(1.2) and the process to be followed with respect to a designation made under subsection 109.1(1);

(b) establishing criteria for the purposes of paragraph 109.1(1.2)(e); and

(c) respecting the time limits

(i) for the hearing referred to in subsection 100(4.1),

(ii) for the filing and perfecting of an appeal under subsection 110(2.1), and

(iii) for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances under which they do not apply.

(2) Regulations made under subparagraph (1)(c)(i) may provide for time limits for any of the following claimants that are different from the time limits for other claimants:

(a) claimants who are nationals of a country that is, on the date of their interview referred to in subsection 100(4), a country designated under subsection 109.1(1);

(b) claimants who are nationals of a country of which a part is, on the date of their interview referred to in subsection 100(4), a part designated under subsection 109.1(1); or

(c) claimants who belong to a class of nationals of a country that is, on the date of their interview referred to in subsection 100(4), a class designated under subsection 109.1(1).

(3) Regulations made under subparagraph (1)(c)(ii) may provide for time limits for the filing and perfecting of appeals by any of the following claimants that are different from the time limits for other claimants:

(a) claimants whose claims are found by the Refugee Protection Division to be manifestly unfounded under section 107.1;

(b) claimants who are nationals of any country that is, on the day on which the decision being appealed is made, a country designated under subsection 109.1(1);

(c) claimants who are nationals of a country of which a part is, on the day on which the decision being appealed is made, a part designated under that subsection and who lived in that designated part before they left the country; or

(d) claimants who belong to a class of nationals of a country that is, on the day on which the decision being appealed is made, a class designated under that subsection.

(4) Regulations made under subparagraph (1)(c)(iii) may provide for time limits for making decisions in respect of appeals by claimants referred to in paragraphs (3)(a) to (d) that are different from the time limits for other claimants. ”

 

Clause 12, as amended, carried.

 

Clause 13, as amended, carried.

 

On clause 14,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 14, be amended by adding after line 22 on page 7 the following:

“(1.1) For greater certainty, if the Refugee Appeal Division does not set it aside, the Refugee Protection Division’s determination under section 107.1 is confirmed.”

 

Clause 14, as amended, carried.

 

On Clause 15,

Rick Dykstra moved, — That Bill C-11, in Clause 15, be amended by

(a) replacing line 33 on page 7 with the following:

“15. (1) Subsection 112(1) of the Act is replaced by the following:

112. (1) Subject to subsection (1.1), a person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations and the rules of the Board, apply to the Refugee Protection Division for protection if they are subject to a removal order that is in force.

(1.1) In the case of a person described in subsection (3), the application for protection must be made to the Minister in accordance with the regulations.

(1.2) Proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that

(a) a report has been referred to the Immigration Division for a determination of whether the applicant is inadmissible on grounds of security, violating human or international rights, serious criminality — as referred to in paragraph (3)(b) — or organized criminality; or

(b) the applicant is the subject of an authority to proceed issued under section 15 of the Extradition Act.

(1.3) On notice by an officer that the Immigration Division has made a determination that the applicant is inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is transferred to the Minister.

(1.4) On notice by an officer that the Immigration Division has made a determination that the applicant is not inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is continued by the Refugee Protection Division.

(1.5) If the applicant is ordered surrendered by the Minister of Justice under the Extradition Act, consideration of the application is terminated.

(1.6) If the applicant is finally discharged under the Extradition Act, consideration of the application is continued by the Refugee Protection Division.

(1.7) If the Refugee Protection Division makes a determination that the applicant is referred to in section F of Article 1 of the Refugee Convention, consideration of the application is transferred to the Minister.

(2) The portion of subsection 112(2) of the Act before paragraph (a) is replaced by the following:

(2) Despite subsections (1) and (1.1), a person may not apply for protection if

(3) Subsection 112(2) of the Act is”

(b) replacing line 4 on page 8 with the following:

“(4) Section 112 of the Act is amended by”

(c) adding after line 27 on page 8 the following:

“(5) Subsection 112(3) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) made an application for protection and the consideration of that application was transferred to the Minister under subsection (1.7); or”

 

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

 

Clause 15, as amended, carried.

 

On Clause 16,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 16, be amended by replacing lines 28 to 35 on page 8 with the following:

“16. Paragraphs 113(a) and (b) of the Act are replaced by the following:

(a) an applicant whose claim for refugee protection or whose most recent application for protection, as the case may be, has been rejected may present only evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection;

(b) in the case of an applicant described in subsection 112(3), a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required;

(b.1) subject to paragraphs (a) and (b.3), in the case of an applicant not described in subsection 112(3), the Refugee Protection Division must proceed without a hearing and may accept documentary evidence and written submissions from the Minister and the applicant;

(b.2) in the case of an applicant not described in subsection 112(3), paragraph (a) does not apply in respect of evidence that is presented in response to evidence presented by the Minister;

(b.3) in the case of an applicant not described in subsection 112(3), the Refugee Protection Division may hold a hearing if, in its opinion, there is documentary evidence referred to in paragraph (b.1)

(i) that raises a serious issue with respect to the credibility of the applicant,

(ii) that is central to the decision with respect to the application, and

(iii) that, if accepted, would justify allowing the application;”

 

Clause 16, as amended, carried.

 

On new Clause 16.1,

On motion of Rick Dykstra, it was agreed, — That Bill C-11 be amended by adding after line 35 on page 8 the following new clause:

“16.1 The Act is amended by adding the following after section 114:

114.1 (1) Subsections 114(3) and (4) apply in respect of a decision to allow an application for protection only if the application was made to the Minister under subsection 112(1.1) or transferred to the Minister under subsection 112(1.3) or (1.7).

(2) Section 109 applies to a decision made by the Refugee Protection Division to allow an application for protection as if it were a decision to allow a claim for refugee protection.”

 

Clauses 17 to 19 inclusive carried severally.

 

On Clause 20,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 20, be amended by replacing lines 24 to 29 on page 10 with the following:

“referred to in subsection 100(4);

(a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Appeal Division, the priority to be given”

 

Clause 20, as amended, carried.

 

Clauses 21 and 22 carried severally.

 

On Clause 23,

Thierry St-Cyr moved, — That Bill C-11, in Clause 23, be amended by replacing line 7 on page 11 with the following:

“proceedings before any Division of the Board, including the interview referred to in subsection 100(4), and the Minister may, at”

 

After debate, the question was put on the amendment of Thierry St-Cyr and it was agreed to.

 

Clause 23, as amended, carried.

 

Clause 24 carried.

 

On Clause 25,

Rick Dykstra moved, — That Bill C-11, in Clause 25, be amended by replacing lines 21 to 24 on page 11 with the following:

“25. (1) Paragraph 169(c) of the Act is replaced by the following:

(c) the decision may be rendered orally or in writing, except for a decision of the Refugee Protection Division in respect of an application for protection under subsection 112(1), which must be rendered in writing;

(2) Section 169 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):

(e.1) notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must, in accordance with the regulations, be provided to the Minister, who must then provide the notice and reasons to the applicant in accordance with the regulations; and

(3) Section 169 of the Act is renumbered as subsection 169(1) and is amended by adding the following:

(2) The regulations may govern the time within which and the manner in which notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must be provided.”

 

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

 

Clause 25, as amended, carried.

 

After debate, Clause 26 carried.

 

On Clause 27,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 27, be amended by replacing line 35 on page 11 with the following:

“27. (1) The portion of section 170 of the Act before paragraph (a) is replaced by the following:

170. Except in respect of an application for protection made under subsection 112(1), the Refugee Protection Division, in any proceeding before it,

(2) Section 170 of the Act is amended by”

 

Clause 27, as amended, carried.

 

On new Clause 27.1,

Rick Dykstra moved, — That Bill C-11 be amended by adding after line 39 on page 11 the following new clause:

“27.1 The Act is amended by adding the following after section 170:

170.1 In respect of an application for protection under subsection 112(1), the Refugee Protection Division

(a) may inquire into any matter that it considers relevant to establishing whether an application is well-founded;

(b) must provide the Minister, on request, with the documentary evidence and written submissions of the applicant that are referred to in paragraph 113(b.1);

(c) must give notice of any hearing to the Minister and the applicant;

(d) subject to paragraph 113(a), must — if a hearing is held — give the applicant and the Minister the opportunity to present evidence, question witnesses and make submissions;

(e) may question the witnesses, including the applicant;

(f) is not bound by any legal or technical rules of evidence;

(g) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and

(h) may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge.”

 

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

 

Clauses 28 to 32 inclusive carried severally.

 

After debate, Clause 33 carried.

 

After debate, Clause 34 carried.

 

Clause 35 carried.

 

On Clause 36,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 36, be amended by replacing lines 10 and 11 on page 15 with the following:

“subsection 15(3), before making an application under subsection 112(1) or (1.1) of that Act.”

 

Clause 36, as amended, carried.

 

Clause 37 carried.

 

On new Clause 37.1,

On motion of Rick Dykstra, it was agreed, — That Bill C-11 be amended by adding after line 18 on page 15 the following new clause:

“37.1 An application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with the Immigration and Refugee Protection Act, as that Act read immediately before that day.”

 

On Clause 38,

On motion of Rick Dykstra, it was agreed, — That Bill C-11, in Clause 38, be amended by replacing lines 22 to 25 on page 15 with the following:

“15(3), does not apply if, before the day on which this section comes into force, an application for protection is made under subsection 112(1) of that Act.”

 

Clause 38, as amended, carried.

 

Clauses 39 to 41 inclusive carried severally.

 

On Clause 42,

Rick Dykstra moved, — That Bill C-11, in Clause 42, be amended by

(a) replacing line 7 and 8 on page 16 with the following:

“42. (1) Subject to subsection (2), the provisions of this Act, except sections 3 to 6, 9, 13, 14, 28, 31, 32, 39 and 40, come”

(b) by adding after line 12 on page 16 the following:

“(2) Subsections 15(1), (2) and (5) and sections 16, 16.1, 27.1 and 37.1 come into force 12 months after the day on which subsection 15(3) comes into force, or on any earlier day that may be fixed by order of the Governor in Council.”

 

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

 

Clause 42, as amended, carried.

 

The Short Title carried on division.

 

The Title carried.

 

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

 

ORDERED, — That Bill C-11, as amended, be reprinted for the use of the House at report stage.

 

At 8:39 p.m., the Committee adjourned to the call of the Chair.

 



Andrew Bartholomew Chaplin
Clerk of the Committee

 
 
2010/09/24 10:47 a.m.