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Wednesday, January 30, 2013 (No. 200)


Report Stage of Bills

Bill C-43
An Act to amend the Immigration and Refugee Protection Act
Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:
Group No. 1 -- Motions Nos. 1 to 27.
Statement and selection by Speaker — see Debates of January 29, 2013.

Resuming Debate

Group No. 1
Motion No. 1 -- Question put separately. Its vote also applies to Motions Nos. 3, 5 and 10.
Motion No. 4 -- Question put only if Motion No. 1 is negatived.
Motion No. 2 -- Question put separately. Its vote also applies to Motions Nos. 6, 7, 9, 14, 15, 19 to 21, 23 and 24.
Motion No. 8 -- Question put only if Motion No. 2 is negatived. Its vote also applies to Motions Nos. 16, 17 and 22.
Motion No. 11 -- Question put separately. Its vote also applies to Motions Nos. 12, 13, 18 and 27.
Motion No. 25 -- Question put separately. Its vote also applies to Motion No. 26.
Motion No. 1 — January 29, 2013 — Ms. Sims (Newton—North Delta), seconded by Mr. Sandhu (Surrey North), — That Bill C-43 be amended by deleting Clause 1.
Motion No. 2 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 5.
Motion No. 3 — January 29, 2013 — Ms. Sims (Newton—North Delta), seconded by Mr. Sandhu (Surrey North), — That Bill C-43 be amended by deleting Clause 6.
Motion No. 4 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 6, be amended by replacing, in the English version, line 20 on page 2 with the following:
“may not seek to enter or remain in Canada as a”
Motion No. 5 — January 29, 2013 — Ms. Sims (Newton—North Delta), seconded by Mr. Sandhu (Surrey North), — That Bill C-43 be amended by deleting Clause 7.
Motion No. 6 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 8.
Motion No. 7 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 9.
Motion No. 8 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 9, be amended by replacing lines 12 to 15 on page 3 with the following:
“— other than under section 34, 35 or 37 with respect to an adult foreign national — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than an adult foreign national”
Motion No. 9 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 10.
Motion No. 10 — January 29, 2013 — Ms. Sims (Newton—North Delta), seconded by Mr. Sandhu (Surrey North), — That Bill C-43 be amended by deleting Clause 11.
Motion No. 11 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 13, be amended by replacing line 21 on page 4 with the following:
“interests, based on a balance of probabilities;”
Motion No. 12 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 13, be amended by replacing line 26 on page 4 with the following:
“or process as they are understood in Canada, based on a balance of probabilities;”
Motion No. 13 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 13, be amended by replacing line 32 on page 4 with the following:
“referred to in paragraph (a), (b), (b.1) or (c), based on a balance of probabilities.”
Motion No. 14 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 16.
Motion No. 15 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 18.
Motion No. 16 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 18, be amended by replacing lines 40 and 41 on page 5 with the following:
“by a foreign national, declare that the facts established under section 34, paragraphs 35(1)(b)”
Motion No. 17 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 18, be amended by replacing lines 12 to 14 on page 6 with the following:
“declaration, the Minister may take into account considerations including national security, public safety, humanitarian and compassionate grounds, and the best interests of a child directly affected, and, in his or her analysis, is”
Motion No. 18 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 19, be amended by replacing lines 24 to 26 on page 6 with the following:
“is not detained, an officer may impose on the person any of the conditions referred to in subsection (3), as well as any prescribed conditions.
(5) The conditions imposed under”
Motion No. 19 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 22.
Motion No. 20 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 23.
Motion No. 21 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 24.
Motion No. 22 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 24, be amended by replacing line 19 on page 8 with the following:
“in paragraph 36(1)(b) or (c), other than a crime that was punished in Canada by a conditional sentence under section 742.1 of the Criminal Code.
(2.1) This section ceases to have effect at the end of the 15th sitting day of Parliament after December 31, 2014 unless, before the end of that day, the application of this section is extended by a resolution, passed by both Houses of Parliament, that this section continues to be in force.”
Motion No. 23 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 25.
Motion No. 24 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43 be amended by deleting Clause 26.
Motion No. 25 — January 29, 2013 — Mr. Lamoureux (Winnipeg North), seconded by Mr. Regan (Halifax West), — That Bill C-43 be amended by deleting Clause 32.
Motion No. 26 — January 29, 2013 — Mr. Lamoureux (Winnipeg North), seconded by Mr. Regan (Halifax West), — That Bill C-43 be amended by deleting Clause 33.
Motion No. 27 — January 29, 2013 — Ms. May (Saanich—Gulf Islands), seconded by Mr. Bellavance (Richmond—Arthabaska), — That Bill C-43, in Clause 38, be amended by adding after line 32 on page 16 the following:
“(3) Sections 5, 8, 9, 10, 16, 17, 18, 22, 23, 25 and 26 cease to have effect at the end of the 15th sitting day of Parliament after December 31, 2015 unless and to the extent to which, before the end of that day, the application of any of those sections is extended by a resolution, passed by both Houses of Parliament, that any of those sections continue to be in force.”