SoVote

Decentralized Democracy

House Committee

44th Parl. 1st Sess.
June 9, 2022
Context: Bill C-242 (CIMM) - Jun/9/22
The Chair
  • 11:26:29 a.m.
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Yes. I'll suspend the meeting for a few minutes in order to allow all members to have a look at the amendment. Thank you.
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The Chair
  • 11:35:20 a.m.
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I call the meeting to order. Ms. Lalonde.
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Mrs. Marie-France Lalonde
  • 11:35:21 a.m.
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Thank you, Madam Chair. My motion in amendment reads as follows: That Bill C‑242, in Clause 2, be amended by replacing lines 8 to 15 on page 1 with the following: Temporary resident visas — parents and grandparents 15.1 (1) The Minister may give instructions respecting an application for a temporary resident visa made by a foreign national to visit a Canadian citizen or permanent resident who is their child or grandchild, for an extended period in Canada, including instructions respecting selection criteria and conditions that may or must be imposed in respect of that foreign national, including the period authorized for their stay. Compliance with instructions (2) An officer must comply with the instructions before processing an application and when processing one. Amendments to instructions (3) An instruction that amends another instruction may, if it so provides, apply in respect of an application referred to in subsection (1) that is pending on the day on which the amending instruction takes effect. Publication of instructions (4) The instructions must be published in the Canada Gazette. Act includes instructions (5) Unless otherwise indicated, references in this Act to “this Act” include the instructions.
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The Chair
  • 11:37:03 a.m.
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I would like to give my ruling on the amendment. Bill C-242 amends the Immigration and Refugee Protection Act to allow a parent or grandparent who applies for a temporary resident visa as a visitor to purchase private health insurance outside Canada and to stay in Canada for a period of five years. The amendment seeks to add the possibility for the minister to give other instructions respecting applications for a temporary resident visa that are not contemplated by Bill C-242. House of Commons Procedure and Practice, third edition, states on page 770: An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill. In the opinion of the chair, adding the possibility for the minister to give new instructions not envisioned in Bill C-242 is beyond the scope of the bill. Therefore, I rule the amendment is inadmissible.
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Mr. Sukh Dhaliwal
  • 11:38:30 a.m.
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I bring a motion forward to challenge the ruling of the chair. Some hon. members: Oh, oh!
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The Chair
  • 11:38:39 a.m.
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We will go to a vote. Shall the ruling of the chair be sustained? (Ruling of the chair sustained: yeas 6; nays 5)
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The Chair
  • 11:38:52 a.m.
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Now we are back on clause 2. Is there any debate? Order, please. Shall clause 2 carry? (Clause 2 agreed to: yeas 6; nays 5) (Clause 3 agreed to: yeas 6; nays 5) (On clause 4)
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The Chair
  • 11:42:07 a.m.
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On clause 4, we have amendment NDP-2 on page 4 of the package as provided. Would Ms. Kwan like to move that amendment?
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Ms. Jenny Kwan
  • 11:43:17 a.m.
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Yes, I would, Madam Chair. I would move that Bill C-242 in clause 4 be amended (a) by replacing line 2 on page 2 with the following: tion must prepare a report in respect of a reduction to the mini- Also, it would amend clause 4 (b) by replacing line 7 on page 2 with the following: visit that child or grandchild, including in respect of any special circumstances to be taken into account in the process of temporary resident visa applications and a review process for the decisions made in relation to those applications. Madam Chair, this is related to the report back to Parliament from the minister. Given that I wasn't able to get the appeal process and special circumstances to be amended in the act itself, as it was deemed out of scope, at the very minimum I'm hoping that members will support having the minister respond to this concept in the report back to Parliament.
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The Chair
  • 11:44:28 a.m.
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Thank you, Ms. Kwan. Before we go into any debate, I want to make it clear to all the members that if NDP-2 is defeated, then amendment NDP-3 will also be defeated as it is consequential. Mrs. Lalonde.
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Mrs. Marie-France Lalonde
  • 11:44:54 a.m.
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Madam Chair, I certainly appreciate Ms. Kwan's decision in moving this amendment. Unfortunately, I don't feel comfortable in supporting it. While the government welcomes the opportunity to review the existing super visa program criteria and prepare a report to Parliament on the current income requirements, including special circumstances examining a review process for TRVs, these are beyond the scope of Bill C-242. If the committee wishes for the government to implement these changes to temporary resident visas more broadly, there should be a more comprehensive analysis of the issue before making legislative changes.
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The Chair
  • 11:45:46 a.m.
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Is there any other debate? We agreed that we would suspend the meeting 10 minutes before the vote, and it's 10 minutes. Do I have unanimous consent to continue for another five minutes? Some hon. members: Agreed.
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The Chair
  • 11:46:10 a.m.
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Okay. Seeing no further debate, shall NDP-2 carry?
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Mrs. Marie-France Lalonde
  • 11:46:25 a.m.
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We would like a recorded vote.
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The Chair
  • 11:46:27 a.m.
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We will have a recorded vote, Madam Clerk. (Amendment agreed to: yeas 6; nays 5) (Clause 4 as amended agreed to: yeas 6; nays 5) (On clause 5)
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The Chair
  • 11:47:39 a.m.
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We have amendment NDP-3, number 11779836, which is on page 5 of the package which was provided by the clerk. Would Ms. Kwan like to move the amendment?
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Ms. Jenny Kwan
  • 11:49:08 a.m.
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Yes, Madam Chair. I move that Bill C-242, in clause 5, be amended (a) by replacing line 19 on page 2 with the following: tion does not provide for a reduction to the minimum income re‐ Also, it moves that clause 5 be amended (b) by replacing line 24 on page 2 with the following: or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each This is a consequential amendment to the previous amendment that was passed, effectively asking that the minister respond to Parliament, including the issues around an appeal process and under special circumstances.
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The Chair
  • 11:50:04 a.m.
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Ms. Lalonde.
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Mrs. Marie-France Lalonde
  • 11:50:07 a.m.
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Thank you, Madam Chair. Again, I'm a little bit troubled. I feel that I cannot support this. Currently, a super visa applicant's host—child or grandchild—and a co-signer, who must be the host's spouse or common-law partner, must provide evidence that they meet the income requirement, which is equal to or above the low income cut-off. The low income cut-off is the income threshold, established by Statistics Canada, “below which a family will...devote a [much] larger share of its income on the necessities of food, shelter and clothing than the average family.” A requirement to report or evaluate existing income will provide an opportunity to ensure that hosts are able to provide the basic necessities to their parents and grandparents for the duration of their extended stay in Canada, and, I will say, in addition to the other members of the family in the household unit. At this point, I don't feel that I can support this amendment, Madame Chair.
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The Chair
  • 11:51:15 a.m.
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I see by the clock that there is less than five minutes until the vote. We will suspend the meeting and come back after all the members have voted.
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