


Public Safety Committee on Nov. 25th, 2025
Evidence of meeting #15 for Public Safety and National Security in the 45th Parliament, 1st session
9:45 p.m.
Jenny Kwan Vancouver East, BC
NDP
Yes. Thank you very much, Mr. Chair.
Yes, I move that Bill C-12, in clause 43, be amended by adding, after line 2 on page 19, the following:
(1.1) If the Minister does not consider the claim within the prescribed time limit, the claim is deemed to have been determined by the Minister to be eligible.
It would also add, after line 19 on page 19, the following:
(3.1) The Minister must provide reasons for a determination of ineligibility under subsection (3).
Bill C-12, Mr. Chair, introduces a new pre-screening step to the process of seeking asylum. This “Consideration of claims” step prescribes an unnecessary layer of bureaucracy to the process, whereby the minister further considers a claim that has already been deemed admissible by an officer before that claim is ultimately “referred to the Refugee Protection Division”.
This was first introduced, in fact, in the last Parliament, jammed into the 2024 budget implementation act, Bill C-69. During the clause-by-clause consideration of Bill C-69 at the finance committee, members agreed to strike this section from the bill.
My amendment would ensure, for positive decisions that are then overturned by the minister in this new step, that reasons for the decision to overturn admissibility are given. It would also ensure that decisions to overturn are made within the prescribed time period, after which a claim that has already received a positive decision of admissibility by an officer is “referred to the Refugee Protection Division”.
Ariane Calvert Legislative Clerk
I apologize. It was all nays. I'm sorry about that.
An hon. member
It's getting late. We get it.
Michelle Rempel Calgary Nose Hill, AB
Conservative
I just have a point of order, Chair.
Sometimes I appear like I'm not paying attention. Most of the time, I'm not, but sometimes I am, so there you go.
Jenny Kwan Vancouver East, BC
NDP
Yes. Thank you very much, Mr. Chair.
I move that Bill C-12, in clause 43, be amended by replacing lines 26 and 27 on page 19 with the following:
limits and in the manner provided for in the regulations, provide the Minister with the
and by replacing line 31 on page 19 with the following:
(6) Subsection 100(4.1) of the Act is replaced by the following:
(4.1) The documents and information specified by the Minister must not include any evidence relating to the claim other than evidence—photographic, fingerprint or otherwise—that may be used to establish the identity of the claimant.
Mr. Chair, this amendment relates to the section about new documents and information that applicants must provide at the request of the minister. Bill C-12 is unclear on what sorts of documents the minister would request beyond what is normally required. In the review process for Bill C-12, the Canadian Bar Association said that the documents and information the minister could request should not be left to regulation.
My amendment specifies what documents would be provided to the minister and ensures that this excludes the presentation of evidence. Also, it prescribes that the manner in which the minister would receive the documents is determined by regulations rather than at the discretion of the minister, to improve the clarity, predictability and fair application of the law.
The Chair Jean-Yves Duclos
Liberal
Thank you, Madam Kwan.
Is amendment NDP-3 adopted?
(Amendment negatived)
(Clause 43 agreed to on division)
(Clause 44 agreed to)