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Thursday, May 31, 2012 (No. 131)

Report Stage of Bills

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

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 -- Motions Nos. 1 to 5, 8 to 11, 13 to 18, 20, 21, 23, 25 to 27, 33, 36, 46, 48 to 54, 57 to 70, 73 to 79, 82 to 99 and 104 to 109.

Group No. 2 -- Motions Nos. 6, 7, 55, 56, 71, 72, 80, 81 and 100 to 103.

Group No. 3 -- Motions Nos. 28, 29, 32, 38, 41 and 43 to 45.

Statement and selection by Speaker — see Debates of May 17, 2012.

Resuming Debate

Group No. 1

Motion No. 1 -- Question put separately. Its vote also applies to Motions Nos. 2 to 5, 8 to 11, 13 to 18, 20, 21, 23, 25 to 27, 33, 36, 46, 48 to 54, 57 to 70, 73 to 79, 82 to 99 and 104 to 109.

Motion No. 1 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 1.

Motion No. 2 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 2.

Motion No. 3 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 3.

Motion No. 4 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 4.

Motion No. 5 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 5.

Motion No. 8 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 7.

Motion No. 9 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 8.

Motion No. 10 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 9.

Motion No. 11 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 10.

Motion No. 13 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 11.

Motion No. 14 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 12.

Motion No. 15 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 13.

Motion No. 16 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 14.

Motion No. 17 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 15.

Motion No. 18 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 16.

Motion No. 20 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 17.

Motion No. 21 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 18.

Motion No. 23 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 19.

Motion No. 25 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 20.

Motion No. 26 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 21.

Motion No. 27 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 22.

Motion No. 33 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 24.

Motion No. 36 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 25.

Motion No. 46 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 28.

Motion No. 48 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 29.

Motion No. 49 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 30.

Motion No. 50 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 31.

Motion No. 51 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 32.

Motion No. 52 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 33.

Motion No. 53 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 34.

Motion No. 54 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 35.

Motion No. 57 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 37.

Motion No. 58 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 38.

Motion No. 59 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 39.

Motion No. 60 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 40.

Motion No. 61 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 41.

Motion No. 62 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 42.

Motion No. 63 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 43.

Motion No. 64 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 44.

Motion No. 65 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 45.

Motion No. 66 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 46.

Motion No. 67 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 47.

Motion No. 68 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 48.

Motion No. 69 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 49.

Motion No. 70 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 50.

Motion No. 73 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 52.

Motion No. 74 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 53.

Motion No. 75 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 54.

Motion No. 76 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 55.

Motion No. 77 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 56.

Motion No. 78 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 57.

Motion No. 79 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 58.

Motion No. 82 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 60.

Motion No. 83 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 61.

Motion No. 84 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 62.

Motion No. 85 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 63.

Motion No. 86 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 64.

Motion No. 87 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 65.

Motion No. 88 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 66.

Motion No. 89 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 67.

Motion No. 90 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 68.

Motion No. 91 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 69.

Motion No. 92 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 70.

Motion No. 93 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 71.

Motion No. 94 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 72.

Motion No. 95 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 73.

Motion No. 96 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 74.

Motion No. 97 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 75.

Motion No. 98 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 76.

Motion No. 99 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 77.

Motion No. 104 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 80.

Motion No. 105 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 81.

Motion No. 106 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 82.

Motion No. 107 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 83.

Motion No. 108 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 84.

Motion No. 109 — May 17, 2012 — , seconded by , — That Bill C-31 be amended by deleting Clause 85.

Notices of Motions

Group No. 2

Motion No. 6 -- Question put separately.

Motion No. 7 -- Question put only if Motion No. 6 is negatived.

Motion No. 55 -- Question put separately.

Motion No. 56 -- Question put only if Motion No. 55 is negatived.

Motion No. 71 -- Question put separately.

Motion No. 72 -- Question put only if Motion No. 71 is negatived.

Motion No. 80 -- Question put separately.

Motion No. 81 -- Question put only if Motion No. 80 is negatived.

Motion No. 100 -- Question put separately.

Motion No. 101 -- Question put only if Motion No. 100 is negatived.

Motion No. 102 -- Question put separately.

Motion No. 103 -- Question put only if Motion No. 102 is negatived.

Motion No. 6 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 6.

Motion No. 7 — May 16, 2012 — — 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. 55 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 36.

Motion No. 56 — May 16, 2012 — — 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. 71 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 51.

Motion No. 72 — May 16, 2012 — — 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. 80 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 59.

Motion No. 81 — May 16, 2012 — — 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. 100 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 78.

Motion No. 101 — May 16, 2012 — — 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.”

Motion No. 102 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 79.

Motion No. 103 — May 16, 2012 — — That Bill C-31, in Clause 79, be amended by replacing line 22 on page 37 with the following:

“79. In sections 80 to 83.1, “the Act” means”

Group No. 3

Motion No. 28 -- Question put separately.

Motion No. 29 -- Question put only if Motion No. 28 is negatived.

Motion No. 32 -- Question put only if Motion No. 28 is negatived.

Motion No. 38 -- Question put separately.

Motion No. 41 -- Question put only if Motion No. 38 is negatived.

Motion No. 43 -- Question put separately.

Motion No. 44 -- Question put only if Motion No. 43 is negatived.

Motion No. 45 -- Question put only if Motion No. 43 is negatived.

Motion No. 28 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 23.

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

“foreign national is”

Motion No. 32 — May 16, 2012 — — 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. 38 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 26.

Motion No. 41 — May 16, 2012 — — That Bill C-31, in Clause 26, be amended by replacing, in the French version, line 33 on page 14 with the following:

“critère”

Motion No. 43 — May 14, 2012 — — That Bill C-31 be amended by deleting Clause 27.

Motion No. 44 — May 16, 2012 — — 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 — — 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”


Bill C-309
An Act to amend the Criminal Code (concealment of identity)

Notices of Motions

Motion No. 1 — May 24, 2012 — — That Bill C-309 be amended by deleting Clause 1.

Motion No. 2 — May 24, 2012 — — That Bill C-309 be amended by deleting Clause 2.

Motion No. 3 — May 29, 2012 — — That Bill C-309, in Clause 2, be amended by replacing line 12 on page 1 with the following:

“other disguise for the sole purpose of concealing their identity without”

Motion No. 4 — May 29, 2012 — — That Bill C-309, in Clause 2, be amended by adding after line 15 on page 1 the following:

“(3) Despite subsection (2), if a person, in the course of committing an offence under subsection (2), commits another offence under a provision of the Criminal Code other than subsection (1), the punishment imposed for committing the offence under subsection (2) may not exceed the punishment imposed in respect of the commission of the other offence.”

Motion No. 5 — May 29, 2012 — — That Bill C-309, in Clause 2, be amended by adding after line 15 on page 1 the following:

“(3) For greater certainty, in this section, “lawful excuse” includes the wearing of clothing or a covering that is part of the traditional practice of a recognized religious or cultural group.”

Motion No. 6 — May 24, 2012 — — That Bill C-309 be amended by deleting Clause 3.

Motion No. 7 — May 29, 2012 — — That Bill C-309, in Clause 3, be amended by replacing line 21 on page 1 with the following:

“other disguise for the sole purpose of concealing their identity without”

Motion No. 8 — May 29, 2012 — — That Bill C-309, in Clause 3, be amended by adding after line 2 on page 2 the following:

Motion No. 9 — May 29, 2012 — — That Bill C-309, in Clause 3, be amended by adding after line 2 on page 2 the following: