Amendments to Bill C-31

Bill C-31: An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

Motion No. 7 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 6, be amended by replacing line 16 on page 3 with the following:

“prescribed biometric information, which must be done in accordance with the Privacy Act.”

Motion No. 12 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 10, be amended by replacing line 24 on page 4 with the following:

“of 50 persons or more if he or she”

Motion No. 19 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 16, be amended by replacing line 41 on page 10 to line 3 on page 11 with the following:

“Refugee Convention, any designated foreign national whose claim for refugee protection or application for protection is accepted is considered to be lawfully staying in Canada.”

Motion No. 22 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 18, be amended by replacing line 13 on page 11 with the following:

“108(2) that their refugee protection has ceased, for the reason described in paragraph 108(1)(a) or (d), when the final determination in respect of an application under subsection 108(2) is made after this section comes into force and within one year after the date on which refugee protection is conferred.”

Motion No. 24 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 19, be amended by replacing lines 24 and 25 on page 11 with the following:

“ceased, for the reason described in paragraph 108(1)(a) or (d), when the final determination in respect of an application under subsection 108(2) is made after this paragraph comes into force and within one year after the date on which refugee protection is conferred; or”

Motion No. 29 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 23, be amended by replacing line 28 on page 12 with the following:

“foreign national is”

Motion No. 30 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 23, be amended by replacing line 39 on page 12 with the following:

“and who is 18 years of age or older on the day”

Motion No. 31 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 23, be amended by replacing line 3 on page 13 with the following:

“who was 18 years of age or older on the day”

Motion No. 32 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 23, be amended by adding after line 5 on page 13 the following:

“(3.2) A permanent resident or foreign national who is taken into detention and who is the parent of a child who is in Canada but not in detention shall be released, subject to the supervision of the Immigration Division, if the child’s other parent is in detention or otherwise not able to provide care for the child in Canada.”

Motion No. 34 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 24, be amended by replacing line 11 on page 13 with the following:

“Division and who was 18 years of age or older”

Motion No. 35 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 24, be amended by adding after line 22 on page 13 the following:

“(3) A designated foreign national whose detention ceases as a result of the circumstances described in paragraph (2)(a) must be released immediately.”

Motion No. 37 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 25, be amended by replacing line 27 on page 13 with the following:

“was 18 years of age or older on the day of the”

Motion No. 39 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 26, be amended by replacing line 9 on page 14 with the following:

“designated foreign national who was 18 years”

Motion No. 40 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 26, be amended by replacing line 20 on page 14 with the following:

“designated foreign national and who was 18”

Motion No. 42 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 26, be amended by replacing line 37 on page 14 with the following:

“18 years of age or older on the day of the arrival”

Motion No. 44 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 27, be amended by replacing lines 1 to 6 on page 15 with the following:

“58.1(1) The Immigration Division may, on request of a designated foreign national who was 18 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if it determines that exceptional circumstances exist that”

Motion No. 45 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 27, be amended by replacing line 10 on page 15 with the following:

“foreign national who was 18 years of age or”

Motion No. 47 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 28, be amended by replacing line 32 on page 15 with the following:

“who was 18 years of age or older on the day”

Motion No. 56 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 36, be amended by replacing line 32 on page 17 to line 35 on page 18 with the following:

“110. A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against

(a) a decision of the Refugee Protection Division allowing or rejecting the person’s claim for refugee protection;

(b) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased; or

(c) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.”

Motion No. 72 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 51, be amended by replacing lines 36 to 39 on page 25 with the following:

“170.2 Except where there has been a breach of natural justice, the Refugee Protection Division does not have jurisdiction to reopen, on any ground, a claim for refugee protection,”

Motion No. 79 — May 14, 2012 — Ms. Sims (Newton—North Delta) — That Bill C-31 be amended by deleting Clause 58.

Pursuant to Standing Order 76.1(2), notice also received from:

Ms. May (Saanich—Gulf Islands) — May 16, 2012

Motion No. 81 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 59, be amended by adding after line 15 on page 29 the following:

“(3) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that the documents and information respecting the basis of the claim do not have to be submitted by the claimant to the Refugee Protection Division earlier than 30 days after the day on which the claim was submitted.

(4) The regulations referred to in subsection (1) must provide

(a) in respect of claims made by a national from a designated country of origin, that a hearing to determine the claim is not to take place until at least 60 days after the day on which the claim was submitted; and

(b) in respect of all other claims, that a hearing to determine the claim is not to take place until at least 90 days after the day on which the claim was submitted.

(5) The regulations referred to in subsection (1) must provide, in respect of all claims for refugee protection, that an appeal from a decision of the Refugee Protection Division

(a) does not have to be filed with the Refugee Appeal Division earlier than 15 days after the date of the decision; and

(b) shall be perfected within 30 days after filing.”

Motion No. 101 — May 16, 2012 — Ms. May (Saanich—Gulf Islands) — That Bill C-31, in Clause 78, be amended by adding after line 19 on page 37 the following:

“(4) An agreement or arrangement entered into with a foreign government for the provision of services in relation to the collection, use and disclosure of biometric information under subsection (1) or (2) shall require that the collection, use and disclosure of the information comply with the requirements of the Privacy Act.”