Minister Garneau appearance at the Committee of the Whole on the 2019-2020 Supplementary Estimates A on December 9, 2019: Immigration, Refugees and Citizenship Canada

From: Transport Canada

The briefing materials from Parks Canada provided to the Minister of Parks before his appearance before the Parliamentary Committee-of-the-Whole on December 9, 2019

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Hot issues

Supplementary Estimates A

Financial summary: 2019-2020 Supplementary Estimates (A)

Suggested response

  • Immigration, Refugees and Citizenship Canada's 2019-20 Supplementary Estimates A include a net increase of $177.1M in resources for the following items:

Vote 1 - Operating Expenditures

  • $7.7M in reprofiled funding from the previous year to expand biometric screening in Canada’s immigration system.
  • $6.9M in funding for Canada’s New International Education Strategy.
  • $0.8M in funding for the National Strategy to Combat Human Trafficking.

Vote 5 – Capital Expenditures

  • $6.5M in reprofiled funding from the previous year to expand biometric screening in Canada’s immigration system.
  • $1.1M in funding for Canada’s New International Education Strategy.

Vote 10 – Grants and Contributions

  • $121.0M in reprofiled funding from the previous year to provide temporary housing for asylum seekers.
  • $32.2M in funding to increase the annual grant for the Canada-Quebec Accord on Immigration which will bring the funding for this accord to $591.6M in 2019-20.

Statutory appropriations

  • $1.1M in statutory adjustments for Employee Benefit Plans, reflective of additional salary resources in Vote 1 – Operating Expenditures
  • Taking into account spending authorities that have already been approved, IRCC financial authorities will increase to $3,382,590,105 for 2019-20 if these incremental resources are approved.

Background

  • The Department’s vote structure includes operating expenditures in Vote 1, capital expenditures in Vote 5, grants and contributions in Vote 10.
  • The 2019-20 Supplementary Estimates A include new appropriations totaling a net increase of $177.1M.

Details

Vote 1 – Operating Expenditures
1. Funding to expand biometric screening in Canada’s immigration - $7.7M increase
  • Budget 2015 provided $182M over 5 years starting in 2015-16 to support the expansion of biometrics screening to verify the identity of all visa-required travelers seeking entry to Canada.
  • Funding of $7.7M is being sought in these Supplementary Estimates. Funding is sourced from re-profiled funds from 2018-19 to 2019-20 and therefore is not an additional draw from the fiscal framework. Funding was reprofiled to 2019-20 to align funding with the activities to expand biometric screening which will be deployed in Canada on December 3rd.
  • Funding will be used to cover costs related to biometric transactions as a result of higher demand in the Temporary Resident Program.
1. Funding for Canada’s New International Education Strategy - $6.9M increase
  • Canada’s International Education Strategy is to ensure that Canada remains competitive in an increasingly global economy and labour market by attracting and retaining high caliber international students, and address gaps in Canada’s current approach to international education.
  • Total funding of $19.0M over 5 years from 2019-20 to 2023-24 including $6.9M in operating funding in these Supplementary Estimates.
  • Funding will be used to enhance Canada’s competitiveness on the world stage for attracting quality students to study in Canada. Funding will allow IRCC to streamline and modernize the study permit process, as well as promote and increase awareness of the International Experience Canada program.
  • Funding for this initiative, led by Global Affairs Canada, was announced in Budget 2019.
3. Funding for the National Strategy to Combat Human Trafficking - $0.8M increase
  • Budget 2019 announced the intention to develop a new whole-of-government strategy to combat human trafficking. IRCC’s role in this government-wide initiative will be to enhance its capacity to better detect and respond to suspected human trafficking cases through the immigration system.
  • Total funding of $8.2M over 5 years from 2019-20 to 2023-24, including $0.8M in these Supplementary Estimates.
  • Funding will be used towards efforts to better detect and protect victims of suspected human trafficking cases and identify potential perpetrators earlier.
  • This initiative, led by Public Safety and Emergency Preparedness, was announced in Budget 2019.
Vote 5 – Capital expenditures
1. Funding to expand biometric screening in Canada’s immigration - $6.5M increase
  • Budget 2015 provided $182M over 5 years starting in 2015-16 to support the expansion of biometrics screening to verify the identity of all visa-required travelers seeking entry to Canada.
  • Funding of $6.5M being sought in these Supplementary Estimates. Funding is sourced from re-profiled funds from 2018-19 to 2019-20 and therefore is not an additional draw from the fiscal framework. Funding was reprofiled to 2019-20 to align funding with the activities to expand biometric screening which will be deployed in Canada on December 3rd.
  • Funding will be used to continue the implementation of the in-Canada service channel and for the purchasing of biometric equipment.
1. Funding for Canada’s New International Education Strategy - $1.1M increase
  • Canada’s International Education Strategy is to ensure that Canada remains competitive in an increasingly global economy and labour market by attracting and retaining high caliber international students and address gaps in Canada’s current approach to international education.
  • Total funding of $19.0M over 5 years from 2019-20 to 2023-24 including $1.1M in capital funding in these Supplementary Estimates.
  • Funding will be used to implement an interactive e-Application, and a Visa Application Centre (VAC) portal that will digitize submission of study permit applications through all channels.
  • Funding for this initiative, led by Global Affairs Canada, was announced in Budget 2019.
Vote 10 – Grants and Contributions
1. Funding to support temporary housing for asylum seekers - $121.0M increase
  • To address costs of temporary housing associated with the influx of asylum seekers borne by provinces and municipalities.
  • Overall, total funding of $474.0M was approved from 2018-19 to 2019-20.
  • The amount of $121.0M sought in these Estimates is not new funding but the result of a reprofile of funding from 2018-19 to 2019-20.
  • In 2018-19, $150.0M was sought through 2018-19 Supplementary Estimates and $29.0M was disbursed. The balance of $121.0M was reprofiled to 2019-20.
  • In 2019-20, $324.0M was included in the Main Estimates and to date $342.5M was disbursed. The difference of $18.5M was temporarily funded from TB Vote 5 – Government Contingency.
  • The $121.0M sought in these Estimates would be used to repay $18.5M to TB, and to pay for remaining agreements (up to $102.5M) yet to be negotiated with provinces and municipalities.
1. Funding for the Canada-Quebec Accord on Immigration - $32.2M increase
  • This adjustment is to provide an updated amount for the annual grant provided by the Government of Canada to support settlement and integration services in the province of Quebec under the Canada-Quebec Accord, bringing the total funding of the Accord to $591.6M in 2019-20.
  • The amount to be paid to the Government of Quebec under the terms of the Accord is calculated annually using a year-over-year escalator that has two variables:
    • The percentage of change of total federal expenditures
    • The percentage of change of non-Francophone immigrants that settle in Quebec.
  • Under the Accord, the annual grant may be increased, but never decreased.
Statutory appropriations
1.Employee Benefit Plans (EBP) adjustment of $1.1M to recognize increases in salary included in these Supplementary Estimates.
  • Employee Benefit Plans consist of employer costs for the Public Service Superannuation Plan, the Canada and Quebec Pension Plans, Death Benefits, and Employment Insurance.
  • The increase of $1.1M is related to the salary component of funding for Canada’s New International Education Strategy, and the National Strategy to Combat Human Trafficking.

Additional information

  1. Funding for the National Strategy to Combat Human Trafficking - $0.8M increase
  2. Funding for Canada’s New International Education Strategy - $1.1M increase
  3. Funding to support temporary housing for asylum seekers - $121.0M increase
  4. Funding for the Canada-Quebec Accord on Immigration - $32.2M increase

Critics biographies

Hon. Peter Kent (CPC)

Thornhill (Ontario)
Shadow Minister for Immigration, Refugees and Citizenship

[NJS_IMG:7359480d-4fb9-411b-a2c5-64acc6af21e8:2089e336-124c-4185-a47b-8a43d4ea11a8]

Parliamentary service

  • First elected in 2008
  • CPC critic for immigration since November 2019
  • Former critic for Foreign Affairs (2016-17)
  • Former shadow Minister for Ethics (2017-19)
  • Former Minister of the Environment (2011-13)
  • Minister of State of Foreign Affairs, Americas (2008-11)

Committee service

  • Access to Information, Privacy and Ethics (2017-19)
  • Foreign Affairs and International Development (2016-17)
  • National Defence (2013-15)
  • Liaison (2013-14)
  • Library of Parliament (2013-14)

Constituency at a glance

  • 112,719 residents in (2016); approx. 37.1% of residents speak a non-official language

Education and professional background

  • Former broadcast journalist
  • Former Deputy Editor of the Global Television Network

Concerns and interests

  • Integration of refugees in Canada
  • Settlement services available to refugees arriving in Canada
  • Resettlement in Canada of Yazidis and other vulnerable populations
  • Banning of visas for individuals with a record of human rights abuse and corruption abroad
  • Refugee status denial
  • Success of privately sponsored refugees as contributing members of society

Jenny Kwan (NDP)

Vancouver East (British Columbia)
Critic for Immigration, Refugees and Citizenship

[NJS_IMG:7359480d-4fb9-411b-a2c5-64acc6af21e8:74bac47e-d87f-4b92-9ec6-b5ee72552303]

Parliamentary service

  • First elected in 2015
  • NDP critic for immigration since November 2015
  • Former Deputy Whip of the New Democratic Party (2019)

Committee service

  • Citizenship and Immigration (2016-19)
  • Standing Committee on Procedure and House Affairs (2019)

Constituency at a Glance

  • 110,097 residents; 38% speak a non-official language.

Education and Personal/Professional Background

  • Born in Hong Kong, immigrated to Canada at age nine
  • Bachelor of Arts (Criminology) from Simon Fraser University
  • Worked as a community legal advocate in the Downtown Eastside
  • Provincial politics: elected in 1996 as MLA for Vancouver-Mount Pleasant, one of the first Chinese-Canadians to sit in the Legislative Assembly; re-elected in 2001, 2005, 2009 and 2013
  • Former BC Minister of Municipal Affairs, Minister of Women’s Equality and Minister of Community Development, Cooperatives & Volunteers

Concerns and interests

  • Processing of Asylum Seekers
  • Critical of the Canada-United States Safe Third Country Agreement
  • Backlogs and vacancies at the Immigration and Refugee Board
  • Pathways to permanent residency with emphasis on live-in caregivers
  • Availability of language services and trauma-recovery programs for resettled refugees
  • Introduced Private Member’s Bill C-398, An Act to amend the Immigration and Refugee Protection Act (medical inadmissibility — excessive demand)

Christine Normandin (BQ)

Saint-Jean (Quebec)
Shadow Minister for Immigration, Refugees and Citizenship

 

Parliamentary service

  • First time elected (October 21, 2019)

Constituency at a glance

  • 108,244 residents (2011)

Education and professional background

  • Bachelor's degree in Biomedical Sciences and a Bachelor’s degree in Law
  • Lawyer in domestic and international family law

Concerns and interests

  • N/A

Hot issue: Asylum claimants – provinces and housing

Issue/question

The Government of Canada is providing financial support to help alleviate pressures faced by provinces and municipalities in the delivery of interim housing to asylum claimants.

Suggested response

  • The Government of Canada recognizes the pressures faced by provinces and municipalities in the delivery of temporary housing, including to asylum claimants, within their jurisdictions.
  • The Government of Canada is making significant investments to prevent and reduce homelessness in Canada through the National Housing Strategy; a 10-year, $55 billion plan to lift thousands of Canadians out of housing need.
  • In addition, the Government of Canada provided financial support to affected provinces and municipalities to help alleviate asylum-related housing pressures. To date, the Government has provided over $370M in financial support. This is in addition to significant investments to enhance the integrity of Canada’s borders and increase the capacity of the asylum system.
  • We appreciate the significant role that provincial and municipal partners have played in providing temporary shelter to asylum claimants.

Background

  • We are working with our provincial and municipal partners to address the challenges that have arisen as a result of increased asylum claims, both regular and irregular, including with respect to providing compensation for interim housing costs.
  • Housing for Asylum Claimants:
  • Provinces and territories are responsible, in collaboration with municipalities, for managing and delivering social housing, including housing for asylum claimants.
  • The Government of Canada contributes to social housing through the Canada Social Transfer, and through strategic investments in affordable housing (i.e. Reaching Home).
  • [REDACTED]
  • Addressing Interim Housing Pressures:
  • In recognition of the pressures that provinces and municipalities are facing as a result of increased asylum claims, support has been provided to provincial and municipal partners in the provision of temporary housing.
  • In March 2019, the Interim Housing Assistance Program was established to respond to challenges in providing temporary housing to increased volumes of asylum claimants entering Canada since 2017. The program provides financial support for extraordinary interim housing costs incurred in 2017, 2018 and 2019. Provinces, and if necessary municipal governments, are eligible to receive funding. Eligible expenditures include interim housing and other associated costs.
  • $474 million has been committed for sharing extraordinary interim housing costs incurred in 2017, 2018 and 2019. So far, Quebec has received $250 million, $88 million has been provided to the City of Toronto, $17.1 million to the City of Ottawa, $6 million to British Columbia, $8 million to Manitoba, $2.2 million to Peel and $220,000 to Hamilton. The Program and associated funding is expected to sunset (unless extended) once all payments for 2019 costs have been effected in March 2020.
  • National Housing Strategy
  • The National Housing Strategy is a 10-year, $55 bilion plan to lift thousands of Canadians out of housing need. Over the next decade, the National Housing Strategy will remove 530,000 families from housing need, and cut chronic homelessness by 50%.
  • As part of the National Housing Strategy, the Government of Canada has committed a total investment of $2.2 billion over 10 years specifically to tackle homelessness. On April 1, 2019, the Government of Canada announced the launch of Reaching Home: Canada’s Homelessness Strategy as a component of the National Housing Strategy. It focuses on helping communities shift toward a more coordinated and systems-based approach to homelessness and on achieving community-wide outcomes, including the national goal to reduce chronic homelessness by 50% by 2027-28.
  • The federal responsibility for the National Housing Strategy Reaching Home rests with the Minister(s) responsible for the Canada Mortgage and Housing Corporation (CMHC) and Employment and Social Development Canada (ESDC).

Additional information

n/a

Hot issue: Asylum seekers

Issue/question

Canada is continuing to experience unprecedented volumes of asylum claims, resulting in backlogs across the in-Canada asylum system and significant costs to all levels of government.

Suggested response

  • Like many other countries, Canada is experiencing a rise in the number of people claiming asylum.
  • Budget 2018 and 2019 invested more than $1B to ensure our asylum system is fast, fair and final. These investments will nearly double the capacity of Canada’s asylum system over the next two years.
  • Investments also support the implementation of the Government’s Border Enforcement Strategy to better manage and discourage irregular migration.
  • The Government is committed to improving the efficiency of the asylum system, while working with all levels of government to ensure a well-managed and orderly response to recent increases in asylum volumes.
  • We are also in continuous contact with the United States on issues related to our shared border as well as with other countries on global migration issues.

Background

Latest Asylum trends

  • From January 1, 2019 to October 31, 2019, there have been 52,625 total asylum claims. Overall asylum claim volumes are up by 16% in 2019 compared to the same period in 2018.
  • The number of regular asylum claims over the same period increased by 39%, and the number of irregular asylum claims decreased by 20%.
  • The total asylum claims made by irregular migrants in 2018 (19,847) were higher than 2017 volumes (18,891). So far, volumes in 2019 compared to the same period last year continue to show a significant decline. The number of RCMP interceptions between ports of entry recorded between January to October 2019 (13,702) is about 20% lower than the number received over the same time period in 2018 (17,120).
  • The top three source countries for regular asylum claims in 2019 are India, Iran and Mexico. The top three source countries for irregular claims are Nigeria, Colombia, and Democratic Republic of Congo.

Budget 2019

  • Budget 2019 invests $1.18 billion over five years, starting in 2019-20, and $55 million per year ongoing, to enhance the integrity of Canada’s borders and asylum system.
  • These investments support the Border Enforcement Strategy, and increase the asylum system’s capacity in order to provide timely protection to refugees and ensure failed asylum claimants are removed, faster. This approach has 3 main pillars:
    1. Detect and discourage misuse of Canada’s visa system, by preventing travel to Canada by individuals who may not be legitimate temporary visa applicants. (Border Enforcement Strategy)
      • This includes investing in intelligence gathering and trend analysis; discouraging and interdicting would-be asylum seekers abroad; engaging recalcitrant countries in support of removal operations; and continuing to work with United States (U.S.) officials to share information and trend analysis that may impact U.S. and Canada visa issuance.
    2. Manage arrivals at the border, while ensuring the safety of Canadians, and maintaining contingency plans in the event of an influx of asylum seekers (Border Enforcement Strategy)
      • This includes investing in ongoing capacity for interceptions between ports of entry, and continuing to engage the U.S. to modernize the Safe Third Country Agreement. Contingency measures have also been put in place to ensure we are ready to respond to potential increases in the number of asylum seekers.
      • In addition, legislative changes were made to improve our ability to manage flows along the border in the event of an influx. Changes were also made to bar access to the Immigration and Refugee Board for those who have made asylum claims in other countries in order to discourage against the making of multiple claims in different countries. Instead, these individuals have access to a pre-removal risk assessment prior to removal to ensure that they are not returned to a situation of risk.
    3. Invest in the asylum system for a fast, fair and final system by processing more asylum claims faster and by removing those who do not need Canada’s protection
      • Funding was increased for the asylum system as a whole to process higher volumes of claims. This funding will allow the IRB to make decisions on up to 50,000 asylum claims and 13,500 appeals by fiscal year 2020-21. The asylum system presently has base funding to process 26,000 claims per year. Investments will also support the work of IRCC, CBSA and other security partners.
      • Funding was also provided to triage and prioritize asylum cases via an Integrated Claims Analysis Centre (ICAC) pilot in Toronto; manage the asylum system in an integrated manner with the Deputy-level Asylum System Management Board (ASMB); invest more in settlement funding and information technology (IT) capacity; increase the number of judges and funding for the Federal Court; and allow for the timely removal of individuals found not to be in genuine need of protection
  • We are also working with our provincial and municipal partners on a regular basis to address the challenges that have arisen as a result of the increasing volume of asylum claims. The Government has provided financial support to provinces and municipalities for extraordinary interim housing costs as well as to address challenges with immigration and refugee legal aid funding.

The In-Canada Asylum System

  • Any foreign national can make an asylum claim at a Canadian port of entry or at an inland office of Immigration, Refugees and Citizenship Canada or the Canada Border Services Agency.
  • Eligible asylum claims are referred to the Immigration and Refugee Board for an independent assessment of the merits of the individual’s claim based on the risks they face in their home country. Factors determining an individual’s eligibility to claim asylum, include whether the claimant has committed a serious crime, made a previous claim in Canada or received protection in another country.
  • Persons who arrive at the port of entry at the land border may not be eligible to make a claim due to the provisions of the Safe Third Country Agreement unless they qualify for an exception.
  • Once an asylum claim has been deemed eligible and referred to the Immigration and Refugee Board, the claimant is eligible for health-care coverage under the Interim Federal Health Program. The federal government takes steps to ensure that irregular asylum claimants are issued coverage in a timely fashion to offset provincial costs for emergency health care.
  • The federal government can also issue work permits upon application so that asylum claimants can be self-sufficient while they wait for the Immigration and Refugee Board to render a decision on their claims.
  • Once a claim is made, individuals may also apply for social assistance, legal aid, emergency housing, and education. These services are the responsibility of provinces and territories.
  • If the Immigration and Refugee Board accepts an individual’s asylum claim, he or she receives protected person status and can apply to become a permanent resident of Canada.
  • If the Immigration and Refugee Board determines that the asylum claimant is not in need of Canada’s protection, the process to remove that individual from Canada is initiated.

Additional information

N/A

Hot issue: Safe third country agreement – litigation case

Issue/question

In the STCA litigation, the Applicants are seeking a declaration that s. 101(1)(e) of the Immigration and Refugee Protection Act (IRPA) and s.159.3 of the Immigration and Refugee Protection Regulations (IRPR) designating the United States as a safe third country violate sections 7 and 15 of the Charter. The Applicants are also seeking a declaration that the designation of the United States as a safe third country under s.159.3 of the IRPR is ultra vires (without lawful authority) on the basis that the United States is not and has never been a country that respects the non-refoulement provisions of the Refugee Convention and the Convention Against Torture.

Suggested response

  • Canada and the United States benefit from a long history of mutual cooperation on issues related to border integrity.
  • The Safe Third Country Agreement was signed in recognition that both countries share a mutual responsibility to protect human rights and fundamental freedoms.
  • It would be inappropriate to comment on details of the consolidated cases as they are currently before the Court.

Background

  • The Safe Third Country Agreement (STCA), in effect since December 2004, requires that asylum claimants seek protection in the first safe country that they enter (i.e., either Canada or the U.S.).
  • The objectives of the STCA are to enhance the orderly handling of refugee claims, strengthen public confidence in the integrity of our refugee systems, reduce abuse and share responsibility for providing protection to those who meet the refugee definition.
  • The STCA applies to asylum claimants who are seeking entry to Canada from the U.S. at a land port of entry and do not meet an exception under the Regulations. It does not apply to persons arriving by air or who cross into Canada between ports of entry. Persons who are not eligible to make an asylum claim at the land port of entry under the STCA are returned to the U.S. as soon as possible.
  • IRCC has been in continuous contact with the U.S. Government, including with the Department of Homeland Security and U.S. State Department, on issues related to our shared border.
  • In 2017, three applicants filed an application for leave and judicial review with the Federal Court challenging the STCA. The applications were consolidated.
  • The hearing was heard November 4 to 8, 2019, and the Court has reserved its decision. While there is no timeline for when the Court will rule on the case, a decision is expected within six to 12 months.

Additional information

N/A

Hot issue: Pre-removal risk assessment for asylum claimants who have made a claim in another country

Issue/question

Through the 2019 Budget Implementation Act, a legislative change was made that bars access to the Immigration and Refugee Board for those who have made asylum claims in other countries.

Suggested response

  • Canada has changed its law to discourage people from making asylum claims in multiple countries.
  • A person who claims asylum in another country is no longer eligible to have their claim heard by the Immigration and Refugee Board of Canada.
  • This only applies to people who made claims in countries with which Canada shares immigration information.
  • All people found ineligible under the new law will have access to a Pre-Removal Risk Assessment with a hearing before being removed from Canada.
  • This process assesses the risk an individual would face if returned to their home country.
  • It determines if they should be allowed to stay in Canada or not.

Background

To discourage people from making asylum claims in multiple countries, individuals who have sought protection in certain countries will no longer be eligible to have their asylum claim referred to the Immigration and Refugee Board of Canada (IRB). Instead, these individuals would have access to a pre-removal risk assessment (PRRA) by Immigration, Refugees and Citizenship Canada (IRCC), prior to removal. During this process, an IRCC decision maker assesses the risk an individual would face if they were returned to their home country and determines if they should be allowed to stay in Canada.

This change was introduced in the Budget Implementation Act, which received Royal Assent on June 21, 2019.

While awaiting a decision on their PRRA, individuals receive medical coverage under the Interim Federal Health Program, as well as all other social services to which they are entitled.

Most persons whose PRRA applications are accepted become ‘protected persons’ and may apply to become permanent residents. Those not found at risk will be deported faster. In addition, this change will help lessen the caseload of the IRB while ensuring everyone receives fair treatment before being removed.

Regulations stipulate that a PRRA hearing may be held if an officer is of the opinion there is evidence which raises a serious issue of the applicant’s credibility.

The Act also states that, for applicants whose claim for refugee protection has been determined ineligible solely on the basis of having made a claim for refugee protection in another country, a mandatory hearing will be held.

Rejected applicants are also able to apply to the Federal Court to review a negative PRRA decision. Individuals would continue to receive medical coverage under the Interim Federal Health Program, as well as all other social services they are entitled to, during the Federal Court process.

Canada requires an information-sharing arrangement (including biometrics) to confirm that an individual has made a claim elsewhere. At present, Canada has information-sharing arrangements with Australia, New Zealand, the United States and the United Kingdom.

Canada only shares immigration information with states that have mature immigration and asylum systems, and have a high degree of privacy and data protection, including safeguards for claimants and refugee data protection. These information-sharing arrangements have to adhere to Canada’s Privacy Act.

The information Canada receives from partner countries tells us the type of applications that were previously made, as well as the timeframe and the nationality of the applicant. This information would be used to determine who had made a claim for refugee protection in those countries.

In the case of the United States, the Asylum Annex to the Statement of Mutual Understanding of Information Sharing (SMU) outlines the types of information concerning refugee claims that may be shared.

According to this SMU, Canada and the United States may share information on all individuals making refugee claims, as long as they are not a citizen or habitual resident of either country.

Further, the Regulations that implement the SMU also stipulate that information may not be disclosed to the United States regarding a person alleging persecution against the United States itself.

Additional information

N/A

Hot issue: Temporary Foreign Worker Program (TFWP) / International Mobility Program (IMP)

Issue/question

Temporary foreign workers and pathways to permanent residence

Suggested response

  • Temporary foreign workers play a valuable role in our economy, by providing employers with a source of labour when Canadians are not available.
  • Canada’s temporary foreign worker programs facilitate the attraction of global talent to help Canadian companies succeed in the international marketplace, complementing the skills of the domestic labor force.
  • While many temporary foreign workers return to their home country after their work in Canada concludes, a number of foreign workers are strong candidates for permanent residence. There are a number of pathways at various skill levels that help employers retain the talent they need, including recent pilots and initiatives launched by this Government.
  • To be productive contributors to our economy, foreign workers must know that their rights are protected while in Canada. A number of new initiatives, including a new open work permit for vulnerable works, ensure that foreign workers are treated respectfully while in Canada.

Background

Temporary Foreign Worker Program and International Mobility Program

  • The Temporary Foreign Worker Program and the International Mobility Program are Canada’s two programs that facilitate the entry of foreign workers into the country. The Temporary Foreign Worker Program is administered primarily by Employment and Social Development Canada, while the International Mobility Program is administered by Immigration, Refugees and Citizenship Canada (IRCC). All work permits are issued by IRCC.
  • The programs have different objectives.
    • The Temporary Foreign Worker Program helps employers who are unable to fill labour market needs where Canadians or permanent residents aren’t available. This program includes agricultural workers and other workers who require a Labour Market Impact Assessment.
    • The International Mobility Program facilitates the entry of foreign nationals whose employment is deemed to create significant social, economic, or cultural benefit to Canada, or where the work maintains reciprocal opportunities for Canadians and permanent residents to work abroad. This program exempts applicants from a Labour Market Impact Assessment.
  • In 2018, IRCC issued approximately 340,000 work permits. This figure represents an increase of 12.6% over 2017. Of this amount, 75% of work permits were issued under the International Mobility Program while 25% were issued under the Temporary Foreign Worker Program.

Foreign Worker Protection

  • An increased focus in recent years on protecting workers from abusive employment situations and ensuring they know their rights has led to several initiatives and investments. Notably, ongoing funding to the temporary foreign worker programs’ compliance regimes was provided, with more than $194M committed in Budget 2018.
    • The employer compliance regimes were implemented to better protect foreign workers on employer-specific work permits and to maintain program integrity. For IRCC’s International Mobility Program, the compliance regime is supported by a $230 employer compliance fee. Employers must submit to the Department an offer of employment made to a foreign national they wish to hire via an online Employer Portal before the work permit can be issued.
  • As of June 2019, foreign workers who find themselves in an abusive job situation can apply for an open work permit for vulnerable workers. This new regulatory authority is designed to allow workers to leave abusive situations quickly and maintain their status in Canada while they find a new employer. The Department offers priority processing for this permit and there are no fees.
  • The Migrant Worker Support Network pilot was launched on October 4, 2018, in British Columbia, and consists of key stakeholders supporting and assisting foreign workers dealing with potential mistreatment or abuse. Network members collaborate on key issues facing temporary foreign workers and propose recommendations to better support, protect, and empower foreign workers while in Canada and assist employers to better understand and meet Program conditions and requirements.

Transitions: Pathways to permanent residence

  • There are multiple pathways for foreign workers to transition to permanent residence in all sectors and occupations, and at all skill levels. In 2018, almost 56,000 workers transitioned to permanent residence - the highest total ever.
  • New pathways for temporary foreign workers have been created to transition to permanent residence, including new permanent residence programs for caregivers, as well as the NOC C Initiative under the Provincial Nominee Program.
    • The Interim Pathway for Caregivers was a short-term public policy measure to offer in-home caregivers in Canada another chance to stay permanently in Canada. It ran for two three-month periods in 2019, and closed to new applications on October 8, 2019. In June 2019, the Department launched two new pathways for caregivers: the Home Child Care Provider and Home Support Worker pilots. The new pilots reflect lessons learned from the 2014 Caregiver Pilots, and address concerns raised during consultations with caregivers and stakeholders. Through these pilots caregivers benefit from a clearer and more assured transition from temporary to permanent status, reduced family separation, and greater flexibility when they need to find a new job.
    • Provinces and territories are well positioned to identify the economic and labour market needs of their jurisdiction. Many provinces and territories have developed Provincial Nominee Program streams targeting workers to fill in-demand occupations across skill levels. In many cases, nominees were previously temporary foreign workers. The Department recently allocated an additional 2,000 spaces under the Provincial Nominee Program to help provinces/territories transition intermediate-skilled (NOC C) temporary foreign workers who are filling long term labour market needs to permanent residence.
    • The Agri-Food Immigration Pilot is part of a government-wide approach to supporting the agri-food sector. The three year pilot will test an industry-specific approach to permanent immigration to help address the labour needs of the year-round mushroom and greenhouse crop production, meat processing, and livestock raising industries. The pilot will provide a pathway to permanent residence for workers in specific occupations within these industries (i.e., butchers, food processing labourers, harvesting labourers, general farm workers and farm supervisors), who have Canadian work experience through the Temporary Foreign Worker Program.
  • A number of other policies and programs exist that can facilitate the transition of foreign workers to permanent residence, including:
    • The Post-Graduation Work Permit Program offers international student graduates the opportunity to gain Canadian work experience, which helps them become permanent residents.
    • Canada’s Express Entry system was designed to identify higher-skilled candidates with the greatest likelihood of succeeding economically in Canada. Express Entry points also reward Canadian work experience gained as a temporary worker as an indication of potential to succeed economically in the Canadian labour market.
    • The Canadian Experience Class is designed to allow foreign workers to use their Canadian work experience to support their pathway to permanent residence.
    • The Atlantic Immigration Pilot was launched in 2017, as part of the Atlantic Growth Strategy, with a focus on creating the conditions conducive for retention and economic growth in the Atlantic provinces. A distinguishing feature of this employer-driven program is the increased role of the employer in the settlement and retention of newcomer employees and their family, in coordination with federally and provincially funded immigration settlement service provider organizations. The Atlantic Immigration Pilot is a viable pathway for temporary residents in the region, including recent international graduates, who wish to work and settle in Atlantic Canada.
    • The Rural and Northern Immigration Pilot is a place-based approach to spreading the benefits of immigration to smaller communities in Canada. Working with 11 communities, the pilot is testing a community-driven approach to attract, integrate and retain foreign nationals who will contribute to local economic development and labour market needs. It is anticipated that participating communities will leverage the pilot to transition temporary residents (workers and students) living in the community to permanent status. Community partners are beginning to recruit candidates in fall 2019, with the first new permanent residents under the Pilot expected in 2020.

Additional information

N/A

Hot issue: Immigration and citizenship consultants

Issue/question

Measures to protect individuals seeking to come to Canada temporarily, immigrate or become citizens who can be the victims of unscrupulous consultants who prey on their lack of knowledge of Canadian laws and regulations.

Suggested response

  • Canada is taking decisive action to hold immigration and citizenship consultants to account by improving oversight, strengthening enforcement, and increasing accountability to protect both the public and consultants in good-standing from dishonest consultants who are taking advantage of vulnerable people.
  • As set out in Budget 2019, we are strengthening the regulation of immigration and citizenship consultants by creating: better oversight and regulation; more enforcement; and public education and awareness.

Background

  • On March 19, 2019, the Government tabled Budget 2019, which included $51.9 million over five years, starting in 2019-20, and $10.1 million per year ongoing, to improve oversight of immigration and citizenship consultants and strengthen compliance and enforcement measures. It also supports public awareness activities that help vulnerable newcomers and applicants protect themselves against fraudulent consultants. These measures also help to ensure that all applicants who choose to use a consultant will have access to quality immigration and citizenship advice, and that those who are providing the services operate in a professional and ethical manner, with disciplinary measures in place should fraud or misrepresentation occur.
  • In addition, on April 8, 2019, the Government introduced legislation as part of the Budget Implementation Act to improve how immigration and citizenship consultants are regulated across Canada.
  • The legislation creates a new statutory, self-regulatory regime for immigration and citizenship consultants, making the College of Immigration and Citizenship Consultants the official regulator of consultants across the country.
  • Governing the regulation of consultants through a statute mandates consumer protection as the primary purpose of the regulator, helping to ensure that immigration and citizenship consultants operate in a professional and ethical manner. The statute gives the College new tools to ensure compliance, including the ability to enter the premises of a consultant for investigations when it suspects wrongdoing and the ability to request court injunctions against unauthorized consultants. It also strengthens the regulator’s ability to discipline members of the profession.
  • To punish and deter illegal behaviour, the new legislation increases penalties for offences in the Immigration and Refugee Protection Act and the Citizenship Act relating to unauthorized advice and representation to a maximum of $200,000 in fines and/or 2 years imprisonment. The legislation also provides regulation-making authority for the establishment of a system of administrative penalties – including monetary penalties – aimed at ensuring compliance with the Immigration and Refugee Protection Act and the Citizenship Act by persons providing advice or representation.
  • The Government will work closely with the current regulator, the Immigration Consultants of Canada Regulatory Council, on plans to transition to the new framework while limiting disruption to authorized consultants and their clients.
  • Clients of licensed consultants who do not receive ethical or competent advice will have recourse to the College’s robust complaints and discipline process, which includes new investigation powers that enable the College to effectively investigate complaints against its members. Members of the College will be required to hold professional liability insurance. In addition, under the new legislation the College will be required to establish a fund to compensate people who are adversely affected by the conduct of licensed immigration and citizenship consultants.
  • As set out in Budget 2019, we are strengthening the regulation of immigration and citizenship consultants by creating, for the first time, a statutory body with the responsibilities and authorities to govern the profession and hold consultants to high standards of professional and ethical conduct.
  • We will be implementing these new measures over the coming months, including deploying more resources for public education to clients abroad, enabling more criminal investigations by the CBSA, and establishing necessary regulatory provisions.
  • Coming into force of legislative amendments
  • The provisions that enable the new statutory self-regulatory regime would come into force on a date set by the Governor-in-Council.

Additional information

N/A

Hot issue: Visa refusals – Neurips and black in AI conference

Issue/question

NeurIPS and Black in AI Conference organizers raised concerns with the number of visa refusals invitees to the conference have received, in particular the complaints focus on applicants from African countries.

Suggested response

  • Canada is a world leader in artificial intelligence and is pleased to welcome attendees to the AI conferences in Vancouver.
  • The Government of Canada is committed and adheres to a fair and non-discriminatory application of immigration procedures. All applications from around the world are assessed equally against the same criteria.
  • Immigration, Refugees and Citizenship Canada has been working closely with the organizers of the conference since May 2019. The Department has provided support and guidance on the application process.
  • For privacy reason, we cannot comment on the admissibility of any particular individual, however we can say that, in general, all visitors to Canada must meet the requirements for temporary residence in Canada, as set out in Canada’s Immigration and Refugee Protection Act.

Background

  • Event organizers shared lists of key participants on October 21, 2019, November 2, 2019 and an additional list from the LatinX delegation on November 18, 2019, to maximize the assistance that the Department can offer. This allowed us to share the information with our migration offices abroad so that visas can be assessed in a timely manner. Organizers have been encouraged to remind the participants to apply for their visas and eTAs as early as possible and fully complete the application forms.
  • Visa applications are considered on a case-by-case basis, based on the information presented by the applicant. The onus is on the applicant to show that they meet the requirements for a temporary resident visa (TRV).
  • All applicants are given the opportunity to present their case by providing documentary evidence and any other relevant information to support their application.
  • A decision is made only after all factors have been considered. Unless the officer is satisfied that the applicant is a genuine visitor, a TRV cannot be issued.
  • When a migration officer refuses an application, it is because the applicant does not meet the requirements set out in Canada’s immigration law. Migration officers look at many factors in assessing whether an applicant is a genuine temporary resident including the following:
    • the person’s ties to the home country
    • the purpose of the visit
    • the person’s family and economic situation
    • the overall economic and political stability of the home country
  • Individuals who apply to come to Canada as temporary residents must show they are not inadmissible and must satisfy the visa officer that they:
    • are in good health and do not pose a health risk
    • do not have a criminal record
    • do not pose a threat to Canada’s security
    • have a valid passport or travel document
    • have enough money to support themselves and their family members (if applicable) while in Canada
    • have sufficient ties to their home country
    • will leave Canada when their visa expires
    • meet all other requirements of the IRPA
  • Foreign nationals wishing to come to Canada as temporary residents must show that they will respect the conditions that apply to temporary residents. One of these conditions is that they will leave voluntarily at the end of the visit. This criteria applies to everyone who wishes to enter Canada, regardless of nationality.
  • Applicants can re-apply if their visa is refused. However, they should make sure they understand IRCC’s visa requirements and only re-apply if they have addressed the refusal reasons outlined in the refusal letter or they have new information to submit. If not new information is provided, the result will likely remain the same.
  • Advanced Analytics (AA) is the autonomous or semi-autonomous examination of data or information, using advanced techniques and tools to identify trends, make predictions or generate recommendations.
  • IRCC has launched two pilot projects using AA to help officers triage online temporary resident visa applications from China and India only. The pilot projects’ goal is to help officers to identify applications that are routine and straightforward for faster processing and to triage files that are more complex for a more thorough review. In all cases, officers have to screen for security and criminality for all applications. All decisions to refuse an application are made by an officer after thorough review.

Additional information

N/A

Hot issue: Caregiver immigration

Issue/question

Launch of New Immigration Pilots for Caregivers

Suggested response

  • The new caregiver pilots are designed to provide a clear, direct pathway to permanent residence for caregivers by assessing applicants for permanent residence and admissibility requirements before they begin working in Canada.
  • The new pilots also remove barriers caregivers have faced in the past in bringing their families with them to Canada by providing open work permits for spouses/common-law partners and study permits for dependent children.
  • With an occupation-specific work permit, a caregiver will quickly be able to change jobs when necessary.

Background

Overview

  • Caregiver immigration has taken multiple forms in recent years, including the legacy regulatory program with a ‘live-in’ requirement (the Live-in Caregiver Program), two Ministerial Instruction pilot program initiatives (2014 and 2019), and a short-term public policy measure for foreign caregivers working in Canada not eligible under those other programs.

2019 Caregiver pilots

  • On June 18, 2019, the Department launched two new five-year programs: the Home Child Care Provider and Home Support Worker pilots. The new pilots reflect lessons learned from the 2014 Caregiver Pilots, and respond to specific concerns raised during consultations by caregivers. Consultations revealed that many caregivers arrived in Canada as temporary residents without a clear pathway to permanent residence, faced prolonged family separation, and experienced particular vulnerabilities related to in-home work and having their employment status tied to a specific employer.
  • Through these pilots, overseas caregivers will receive a work permit if they have a job offer in Canada and meet select eligibility criteria for permanent residence under one of the occupational classes. Once in Canada, caregivers must accumulate the required 2 years (24 months) of full-time Canadian work experience in their occupation in order to finalize their application for permanent residence.
  • Through these pilots, caregivers benefit from:
    • A clearer and more assured transition from temporary to permanent status once they have met the work experience requirement
    • Three-year occupation-specific work permits, rather than employer-specific, to allow for a fast change of employers when necessary
    • Open work permits and/or study permits for the caregivers’ immediate family, to help families come to Canada together
  • The occupation-restricted work permit is specific to either in-home child care or in-home support worker employment. The new work permits are Labour Market Impact Assessment-exempt (i.e., not subject to a labour market test), and occupation-specific (i.e. not tied to an employer).
  • Initial applications (the upfront permanent residence and work permit applications) have a 12-month processing service standard. A 6-month processing standard applies to the final stage of the application once the caregiver submits proof they have met the 24-month Canadian occupational work experience requirement.
  • The Home Child Care Provider and Home Support Worker pilots can accept up to 2,750 principal applicants annually, for a total of 5,500 principal applicants per year, plus their immediate family.
  • To ensure that home child care worker or home support providers coming to Canada have a clear pathway to permanent residence, the Department stopped processing new work permit applications, for the duration of the pilots, in these two occupations for overseas foreign nationals, if the accompanying Labour Market Impact Assessment application was received by Service Canada on or after June 18, 2019. This refusal-to-process does not apply to foreign nationals destined to Quebec.
  • Foreign national caregivers already in Canada will continue to be able to apply for work permits extensions in these occupations through the Temporary Foreign Worker Program (supported by a Labour Market Impact Assessment). They may also apply for permanent residence through the new pilots.
  • Following the June launch, officials from Immigration, Refugees and Citizenship Canada and Employment and Social Development Canada held teleconference briefings on the new pilots. About 40 stakeholder organizations participated in the briefings.

2014 Caregiver pilots

  • In November 2014, the Department phased-out the longstanding Live-in Caregiver Program regulatory program. At the same time, two five-year Ministerial Instruction pilots were established – the Caring for Children and the Caring for People with High Medical Needs classes – and the live-in requirement was eliminated for new (first-time) caregiver work permits.
  • Those pilots were due to expire in November 2019, but were closed and replaced a few months early when the new 2019 Caregiver pilots launched June 18, 2019. This was done to avoid program confusion and duplication. Although eligibility requirements are similar between the 2014 and 2019 pilots, the 2019 pilots are focused on the two occupations where demand for a pathway proved to be highest (in-home child care and in-home support work).
  • A 6-month processing commitment applies to permanent residence applications received under the 2014 caregiver pilot program classes. Unlike the 2019 pilots, caregivers applying under the 2014 pilots could only apply after they acquired the necessary work experience (there was no upfront permanent residence application and pre-selection).

Interim pathway for caregivers

  • During consultations in 2018, leading up to the design and launch of the new caregiver classes, IRCC heard that the changes made in 2014 were not well understood by caregivers and stakeholders. In March 2019, the Department launched the Interim Pathway for Caregivers: a three-month pathway with reduced eligibility criteria for caregivers who were working in Canada but who had been unable to qualify for other caregiver permanent residence programs.
  • Enacted as a public policy, the pathway was initially opened to applications from March to June 2019, and then re-opened from July 2019 to October 2019 to benefit additional caregivers who found the initial application window too short. The same program requirements applied.

Live-in Caregiver Program inventory

  • The Live-in Caregiver Program was a legacy (pre-IRPA) prescribed transition pathway in place from 1992 to 2014. While the program is closed to new applicants, caregivers who already have a work permit under the Program can still apply for permanent residence through this pathway.
  • The legacy program was plagued by a wide range of concerns, including no volume or intake control at the temporary stage. That led to significant application inventories and backlogs that IRCC is still processing today. The backlog, in turn led to prolonged processing times of 7-8 years in some cases, during which the caregiver continued to work in live-in arrangements separated from their family living overseas.
  • In response to the Standing Committee on Citizenship and Immigration’s Report on Family Reunification, the Department developed a plan to eliminate the Live-in Caregiver Program inventory and reunite caregivers and their families sooner, and committed to processing 80% of the cases that were in the Live-in Caregiver inventory as of October 1, 2017 by December 2018, and processing 80% of new, complete Live-in Caregiver applications submitted on or after October 1, 2017 within 12 months. Both of these commitments were met in 2018 and we are meeting the processing commitment for all new cases.
  • Admissions space included in the Multi-Years Levels Plan will allow the Department to process the remaining Live-in Caregiver Program caregivers and their family members until all remaining cases are processed.

Additional information

N/A

Hot issue: Parents and grandparents program

Issue/question

The Government changed the application intake system for parents and grandparents in 2019.

Suggested response

  • The Parents and Grandparents Program continues to be in high demand.
  • We continue to look at ways to improve access to the program, bearing in mind fairness and efficiency.

Background

  • The Government of Canada sets the number of permanent residents to be admitted within each immigration category each year, which in turn determines how many applications can be processed. Family Class levels – like those in any category – cannot be unlimited as the system must meet economic and refugee objectives as well. The 2019-2021 levels plan sets the target for parent and grandparent admissions in 2019 at 20,500, and plans for a modest increase to 21,000 in 2020 and 2021.
  • Intake for the Parents and Grandparents Program (PGP) is managed through an annual cap, which limits the number of complete applications IRCC accepts for processing each year. This cap is set using Ministerial Instructions under the authority found in section 87.3 of the Immigration and Refugee Protection Act. The annual cap of complete applications to be accepted by the Department was set at 17,000 for 2018, and has increased to 20,000 complete applications for 2019 as set out in the Ministerial Instructions which came into force on January 1, 2019.
  • The Ministerial Instructions also authorized changes to the intake system for 2019. The changes included the move to a first-in intake process which replaced the randomized selection intake process used in 2017 and 2018 in order to address the concerns regarding fairness. Previously, from 2014-2016, IRCC accepted complete applications on a first-in basis, prompting some applicants to pay high courier fees in an attempt to ensure their application was received under the cap.
  • The first-in intake system opened on January 28th, 2019 at noon, EST where potential sponsors were required to indicate their interest to sponsor their parents and grandparents by submitting an interest to sponsor form online along with a copy of their status in Canada document. A maximum of 27,000 interest to sponsor forms were accepted on a first-in basis. However, instead of randomly selecting potential sponsors to apply, as was done in 2017 and 2018, the Department invited potential sponsors to submit a complete application to sponsor their parents and grandparents based on the order their interest to sponsor form was received. Invited potential sponsors had 60 days from the date of their invitation to submit their complete sponsorship application to IRCC. Applications received for 2019 are still being checked for completeness and validated to ensure that the sponsor was in fact invited to submit an application. We will be able to share the total number of complete applications received through this intake round in the coming months.
  • Demand for the Parents and Grandparents sponsorship program remains high. For intake year 2017, after the removal of duplicates, over 95,000 individuals indicated an interest in sponsoring their parents and grandparents. In an effort to ensure 10,000 complete applications were received, the Department sent 16,500 invitations to potential sponsors inviting them to submit a complete application to sponsor their parents and grandparents. A total of 9,520 applications were received from two rounds of invitations, of which 9,030 were complete and accepted for processing.
  • For intake year 2018, after the removal of duplicates, the Department received over 93,000 interest to sponsor forms. In an effort to ensure 17,000 complete applications were received, the Department sent 23,500 invitations to potential sponsors inviting them to submit a complete application to sponsor their parents and grandparents. The Department received sufficient applications to meet the 17,000 application cap.

Additional information

N/A

Hot issue: Citizenship – birth on soil

Issue/question

Media reports indicate that foreign parents are coming to Canada to take advantage of Canada’s citizenship by birth on soil rules.

Suggested response

  • IRCC is aware of the increase in births by non-residents in Canada.
  • While statistics indicate that birth tourism is not widespread, the Government of Canada recognizes the need to better understand the extent of this practice.
  • We will continue to monitor this issue.

Background

  • There are three main pathways to Canadian citizenship:
    • Jus soli (by birth on soil) – citizenship is acquired by birth in Canada
    • Jus sanguinis (by descent) – citizenship is transmitted through a Canadian parent
    • Naturalization (by grant) – citizenship is acquired by application and meeting specific requirements
  • Since the first Canadian Citizenship Act of 1947, any person born in Canada is automatically a Canadian citizen, with the exception of children of diplomats, consular officers, or other representatives or employees in Canada of a foreign government. There have been no significant changes to Canada’s birth on soil provisions since that Act.
  • This means children born in Canada to parents who are here illegally or with temporary status, and who may not have a long-term attachment to Canada, are automatically Canadian citizens and would have the rights of Canadian citizens and full access to benefits.
  • Automatic acquisition of citizenship by a child born in Canada to a foreign national parent does not give citizenship or immigration status to the parent. However, once the child turns 18 years of age, they may be eligible to sponsor their parents for immigration to Canada, in the same fashion as any other citizen.
  • Under the Immigration and Refugee Protection Act, a person is not inadmissible nor can they be denied a visa solely on the grounds that they are pregnant or that they may give birth in Canada.
  • Many countries (e.g. the UK, France, Australia, New Zealand) limit the automatic acquisition of citizenship based on birth in their territory, with the notable exception of the United States where citizenship by birth on soil is enshrined in the Constitution.
  • “Birth tourism” suggests a practice of women travelling to give birth in Canada to secure Canadian citizenship for their child.
  • There are two main data sources that point to the extent of birth tourism: Statistics Canada data from vital statistics agencies that include the number of non-resident births, and Canadian Institute for Health Information data on the number of non-resident births where the parent had to pay for their hospital service (an indication that they are not covered by provincial or territorial insurance).It is difficult to say how many of the non-resident births from either source are examples of people coming to Canada to give birth to obtain citizenship.
  • The non-resident category includes individuals other than “birth tourists” such as, Canadians living abroad who return to Canada and give birth, international students, temporary foreign workers, as well as children who would have access to Canadian citizenship by descent through the non-birthing parent.
  • Statistics Canada data show nearly 380,000 total births annually in Canada, with over 300 births annually to women who do not reside in Canada.
    Number of births annually, by residence of mother
    Year Number of births in Canada to non-resident mothers Total number of births in Canada % of total births in Canada
    2007 319 368,125 0.09
    2008 247 378,111 0.07
    2009 330 381,180 0.09
    2010 305 377,504 0.08
    2011 277 377,900 0.07
    2012 699 382,568 0.18
    2013 352 380,675 0.09
    2014 278 384,378 0.07
    2015 233 382,625 0.06
    2016 313 383,415 0.08
    2017 385 376,676 0.1
  • The Canadian Institute for Health Information’s Hospital Discharge Datashow that hospital deliveries by non-residents are increasing, reaching about 1% of the total births in the country (excluding Quebec,).
    • Overall there was an increase in non-resident births from 1,362 in 2010/11 to 3,630 in 2017/18.
    • Over this period, the number has nearly tripled in British Columbia, Alberta, and Saskatchewan, and doubled in Ontario, Manitoba, and Nova Scotia.
    • According to this data, activity is most concentrated in the Richmond Hospital in British Columbia
      Number of Hospital Deliveries under “Other country resident self-pay” by Province/region and fiscal Year from DAD, Canada excluding Quebec.
      Fiscal Year ON BC AB MB and SK Atlantic provinces (NB, NS, PEI, NL) and the Territories total
      2004/05 814 172 66 50 82 1,184
      2005/06 955 142 59 48 67 1,271
      2006/07 1,030 186 94 42 77 1,429
      2007/08 1,021 174 119 36 77 1,427
      2008/09 1,044 181 107 36 63 1,431
      2009/10 1,010 132 113 64 68 1,387
      2010/11 1,009 140 83 63 67 1,362
      2011/12 1,135 191 142 55 101 1,624
      2012/13 1,259 189 135 58 115 1,756
      2013/14 1,525 304 134 68 136 2,167
      2014/15 1,839 533 194 90 157 2,813
      2015/16 1,930 460 287 92 121 2,890
      2016/17 2,193 576 267 89 104 3,229
      2017/18 2,524 689 233 85 99 3,630
  • Data reported by CBC News suggests the phenomenon is common at Richmond Hospital in Richmond, BC, which recorded 383 births to non-resident mothers in 2016-17, representing 17.2% of all births at the hospital. In 2017/18, the number rose to 469, or 22.2% of all births at the hospital according to statistics provided by the Vancouver Coastal Health Authority.
  • The difference between the Canadian Institute for Health Information data and the Statistics Canada data is due to the different data sources (hospital administration data versus vital statistics information). All residence-related information from both data sources is based on self-reported address information.

E-petitions

  • On March 19, 2018, an e-petition was launched that calls for the government to publicly denounce and eliminate “birth tourism”
  • The e-petition closed July 17, 2018, with 10,882 signatures, and included the following calls to action:
    1. Publicly state that the government does not support Birth Tourism due to the inherent unfairness of this practice and negative consequences associated with it
    2. Commit public resources to determine the full extent of this practice across Canada
    3. Expeditiously implement concrete measures to reduce and eliminate this practice
  • In its response the Government committed to research the extent of birth tourism, and this work is ongoing.
  • This was the second such e-petition on this topic. In 2016, an e-petition called for the elimination of birthright citizenship and protection of this policy against litigation; it received 8,886 signatures. Both e-petitions were initiated in Richmond, BC.
  • The response to the 2016 e-petition described the historical context; noted that a departure from existing practice would represent a significant change; underscored that the foreign national parents would not automatically become citizens; and indicated that all visitors must meet IRPA requirements.

Media coverage and public discourse

  • There is regular media coverage related to birth tourism.
  • Public discourse tends to underplay the implications for current Canadians of a change. For example, a birth certificate has been widely accepted as primary proof of Canadian citizenship. A change in policy would likely result in a significant number of Canadians requiring additional proof of citizenship to access many Federal, Provincial and Territorial benefits and services.
  • With approximately 380,000 children born in Canada annually whose birth certificate serves as proof of Canadian citizenship, any future changes to Canada’s long-standing birth on soil policy would have to consider the broad impacts of such a change including the financial impacts of assessing and confirming status, and requiring an alternate proof of citizenship, of children born in Canada.

Additional information

Number of Hospital Deliveries under “Other country resident self-pay” by Province/region and fiscal Year from DAD, Canada excluding Quebec.

Hot issue: Cases – general

Issue/question

n.a

Suggested response

Privacy cases

  • Due to privacy laws, I can’t comment on specifics of a case.

Litigation cases

  • It would be inappropriate to comment further as the matter is before the courts.

Background

N/A

Additional information

N/A

Hot issue: International students – temporary streams

Issue/question

Over the past decade, the Department has seen a significant increase in the number of study permit applications received for the International Student Program.

Suggested response

  • The Government recognizes the tremendous economic, cultural and social benefits that international students bring to Canada.
  • International students contribute over $21 billion a year to Canada’s economy.
  • International students are a source of talent for the Canadian labour force. In 2018, over 54,000 students transitioned to Permanent Residence.
  • With growth in this area, it is important that we continue to monitor to ensure the integrity of our programs.
  • We are also committed to working with education sector and our provincial colleagues to make sure that international students coming to Canada are prepared, and know what to expect.

Background

  • International students contribute to the cultural, social and economic landscape of Canada. International students contribute over $21 billion a year to Canada’s economy and are viewed as ideal candidates for permanent residence given their language proficiency, Canadian education credentials and Canadian work experience.
  • The international student movement is complex, multi-faceted and globally driven. Educational institutions, as well as the department of Global Affairs Canada (GAC), promote Canada as a destination for high quality education. Improving Canada’s standing as a destination of choice for international students is a priority for the federal Government.
  • To this end, facilitative measures, such as allowing certain international students to apply for an initial study permit from within Canada, and expanding work authorizations to international students during their studies, were implemented to ensure that Canada remains competitive in the area of international education.
  • As a result of these measures, along with global economic growth and other socio-political factors such as the continuing growth of the middle classes in India (and elsewhere), there has been a considerable rise in applications for study permits. This has affected processing times and working inventories which are contingent upon the volume of applications submitted.
  • In September and October 2019, the Toronto Star published a series of articles on the International Student Program which outlined some of the challenges that international students may face while studying in Canada, such as leaving their home country/family, language and cultural expectations and high costs of living. Many of these issues are not unique to just international students, but to all newcomers arriving to Canada.
  • These articles outlined that the increase in the number of international students is driven in part by labour and skills shortages and/or institutions seeking to grow.
  • International students are choosing to come to Canada in part due to the country’s openness: the quality of education opportunities is generally very high, and the generous pathways to stay in Canada to work after graduation and then to apply to stay permanently. However, there are concerns that this growth is contributing to new program integrity risks, to creating expectations among international students that many will have a pathway to remain in Canada. international students’ expectations about their
  • IRCC’s operational network, both in Canada and abroad, is continually looking at innovative ways to improve services and processing times.
  • To support the growth in study permit applications, IRCC introduced the Student Direct Stream (SDS), which is available to students intending to study at the post-secondary level and who are legally residing in China, India, Vietnam, the Philippines, Pakistan, Senegal and Morocco. Students from those countries who demonstrate upfront that they have financial resources and language skills to succeed academically in Canada will benefit from faster processing times through SDS.
  • In 2019, GAC launched the International Education Strategy, which includes funds and measures to target new markets to increase diversification of the international student population and funds to modernize application processes, and to improve client service and study permit processing.

Additional information

N/A

Funding to support the increased volume of asylum claimants

Issue: $121.0M in funding to support the increased volume in asylum claimants.

Vote

Sought in 2019‑2020 Main Estimates

Sought in 2019‑2020 Supplementary Estimates A

Total

Future Year Funding Ongoing

Vote 10 – Grants and Contributions

$324 M

$121 M

$445 M

$0.0 M

Key messages

Canada has received increased volumes of asylum claims from both “regular” and “irregular” migrants since 2017. This has placed pressure on many services, primarily on temporary housing services provided by provincial and municipal governments, particularly in Québec and Ontario.

We are requesting to re-profile $121M of approved funding from last fiscal year to this fiscal year. A total of $474M ($150M in 2018-2019 and $324M in 2019-2020) was approved through past Estimates in order to compensate provinces and municipalities for extraordinary costs related to the provision of temporary housing to asylum claimants.

This funding of $121M in Vote 10 – Grants and Contributions, is intended to provide financial assistance to provinces and municipalities impacted by the influx of asylum seekers in the provision of temporary shelter spaces, bringing total funding for this purpose to $445M in 2019-2020.

To date, the Department has provided $371.5M of the $474M envelope to provinces and municipalities ($29M in 2018-2019 and $342.5M in 2019-2020). The Government will continue to engage impacted provinces and municipalities on costs incurred through 2019, to deploy the remainder of the funding.

Supporting facts and figures

  • Immigration, Refugees and Citizenship Canada (IRCC) is seeking $121M in re-profiled funding, to bring total funding from $324M to $445M in 2019-2020. This is not new funding but a result of unused funding in 2018-2019. Funding was initially provided under the Resettlement Assistance Program, prior to the creation of the Interim Housing Assistance Program in 2019.
  • The re-profile is required in order to provide sufficient funding to address acute pressures that provinces and municipalities are facing, resulting from the influx of asylum claimants and to maintain collaboration with partners at all levels of government as we work towards longer‑term solutions.
  • The funding will partly be used to repay the draw of $18.5M from Treasury Board contingency Vote 5 funds required to meet commitments made prior to the call of the federal election. The draw was necessary to fulfil government commitments as there was no Supply period before the call of election.

Province/Municipality

Amount paid in 2018-2019

Amount paid in 2019-2020

Total paid as of October 2019

Québec

-

$250M

$250 million

Toronto

$26M

$62M

$88 million

Ottawa

-

$17.1M

$17.1 million

Peel

-

$2.2M

$2.2 million

Hamilton

-

$0.2M

$0.2 million

Manitoba

$3M

$5M

$8 million

British Columbia

-

$6M

$6 million

Total

$29M

$342.5M

$371.5 million

Background

  • The federal government has existing mechanisms that support impacted program delivery, such as social services and health care, at the provincial level, in addition to this announced funding. Examples are as follows:
    • Canada Social Transfer: supporting three broad areas of social policy—post-secondary education, social assistance and social services, and programs for children. In 2019-2020, the Canada Social Transfer will provide $14.6B to provinces and territories. Annual growth in Canada Social Transfer cash is fixed at 3%.
    • Canada Health Transfer: The largest major transfer to provinces and territories. It provides long-term predictable funding for health care, and supports the principles of the Canada Health Act, which are: universality; comprehensiveness; portability; accessibility; and public administration. In 2019-2020, the Canada Health Transfer will provide $40.4B to provinces and territories.
    • National Housing Strategy: $55B 10-year plan to lift thousands of Canadians out of housing need. Over the next decade, the National Housing Strategy will remove 530,000 families from housing need, and cut chronic homelessness by 50%.
    • Reaching Home: Canada’s Homelessness Strategy: As part of the National Housing Strategy, the Government of Canada has committed a total investment of $2.2B over 10 years specifically to tackle homelessness. On April 1, 2019, the Government of Canada announced the launch of Reaching Home: Canada’s Homelessness Strategy, as a component of the National Housing Strategy. It focuses on helping communities shift toward a more coordinated and systems-based approach to homelessness, and on achieving community‑wide outcomes, including the national goal to reduce chronic homelessness by 50% by 2027-2028.

Funding for Canada-Quebec Accord on immigration

Issue: Funding adjustment to support settlement and integration services in Quebec under the Canada-Quebec Accord on immigration.

Vote

Sought in 2019-2020 main Estimates

Sought in 2019-2020 Supplementary Estimates A

Total

Future year funding ongoing

Vote 10 – Grants and Contributions

$ 559.4 M

$32.2 M

$591.6 M

$591.6 M

Key messages

  • The Canada-Quebec Accord provides the overarching framework of the roles and responsibilities of the Province of Quebec and the federal government on immigration matters. The Accord provides the Province of Quebec with the exclusive responsibility for the selection of economic immigrants and refugees selected abroad (e.g., government‑assisted refugees) destined to Quebec as well as for providing settlement and integration services to all permanent residents in the province, whether or not they have been selected by Quebec.
  • Under the Accord, Quebec is responsible for providing reception and integration services to all immigrants in Quebec, including refugees. In exchange, funding, defined by formula, is provided by the federal government to Quebec.
  • This adjustment of $32.2M is to reflect adjustments to the grant in accordance with the formula provided in the agreement.
  • Total funding under the Accord now stands at $591.6M per year.

Supporting facts and figures

  • The adjustment to the grant amount is calculated annually using a year-over-year escalator that has two variables:
    • the percentage change in total federal expenditures
    • the percentage change in number of non-Francophone immigrants that settle in Quebec

The following table provides the detail of the calculation for 2019-2020:

Canada-Quebec Accord – Calculation of Grant Base

2018-2019 (for comparison purposes)

2019-2020 Latest estimates

Escalation factor

Non-Francophone Immigrants

29,486

24,934

% of Change (from 2017 to 2018)

-

-15.438%

Federal ex penditures, net of public debt (Millions $)

240,553

254,387

% of Change (from 2017-2018 to 2018-2019)

-

5.751%

Calculated escalation factor (add both % of change, if either % is less than 0, it is deemed to be 0

-

5.751%

Calculated adjustment to the Base

-

$32,173,000

Base amount

559,449,000

559,449,000

Adjustment to the Base (rounded to the nearest thousand)

-

 

$32,172,247

Base amount

$559,449,000

$591,622,000

Background

  • The Canada-Quebec Accord provides the overarching framework of the roles and responsibilities of the Province of Quebec and the federal government on immigration matters. The Accord provides the Province of Quebec with the exclusive responsibility for the selection of economic immigrants and refugees selected abroad (e.g., government-assisted refugees) destined to Quebec as well as for providing settlement and integration services to all permanent residents in the province, whether or not they have been selected by Quebec.
  • This adjustment is to provide an updated amount to the annual grant provided by the Government of Canada to support settlement and integration services in Quebec under the Canada-Quebec Accord.
  • The Accord provides the authority for the transfer, and the funds are paid from the fiscal framework.
  • The following table provides information on funding provided to the Province of Quebec for the last 10 years:

Grants (in thousands $)

2010-2011

2011-2012

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

2017-2018

2018-2019

2019-2020

258,445

283,102

284,501

319,967

340,568

345,059

378,213

490,253

559,622

591,622

Funding to expand biometric screening in the immigration system

Issue: Accessing $14.2M of re-profiled funding related to adjusted timelines for activities supporting the Biometrics expansion project.

Vote

Sought in 2019-2020 Main Estimates

Sought in 2019-2020 Supplementary Estimates A

Total

Future Year Funding Ongoing

Vote 1 – Operating

$78.0 M

$7.7 M

$85.7 M

$81.4 M

Vote 5 – Capital

$0.0 M

$6.5 M

$6.5 M

$0.0 M

Statutory

(Employee Benefits Plan)

$1.7 M

$0.0 M

$1.7 M

$1.5 M

Total

$79.7 M

$14.2 M

$93.9 M

$82.9 M

Key messages

  • Funding of $14.2M is being sought in 2019-2020 Supplementary Estimates A and is sourced from re-profiled funds from 2018-2019.
  • Funding is being used to implement the in-Canada service channel, to purchase biometric equipment, and to cover costs related to biometric transactions as a result of higher demand in the temporary resident program. These are not net new costs, but rather changes in the timing of how funds are disbursed under project timelines.
  • Budget 2015 announced $312.6M over five years and $103.2M ongoing for IRCC and partner departments, allowing the Government of Canada to expand its biometrics collection program to most foreign travellers coming to Canada.
  • IRCC funding is $182.1M over five years and $82.9M ongoing.
  • Biometrics collection helps the Government of Canada to establish and confirm a person’s identity–including identifying known criminals and those who may pose a threat to Canada–at the earliest opportunity, so that these individuals do not fraudulently or unlawfully obtain temporary or permanent residence.
  • The expansion of biometrics screening to all visa-required countries applying for a temporary resident visa, study permit, work permit, and all permanent resident applicants enhances our screening capability and increases immigration information sharing with partners. This will make it easier for Canadian immigration and border services officers to stop individuals who pose a risk to the safety and security of Canadians.

Supporting facts and figures:

  • In 2018-2019, the Department re-profiled funding to 2019-2020 due to a misalignment of funds by fiscal year. Furthermore, negotiations and dependencies with / on other federal governments, delays in legislative amendments mainly for in-Canada enrolments and various contracting delays also contributed to the need to re-profile.
  • IRCC is accessing $14.2M through the 2019-2020 Supplementary Estimates A to offset biometric enrollment transaction costs charged by visa application centres with the completion of the second wave of visa application centres site deployment.
  • The Department has completed the last wave of visa application centres in November 2019 and launched in-Canada biometrics collection in December 2019 at Service Canada locations.
  • Funding will also be used to continue the implementation of the in-Canada service channel and for the purchasing of biometric equipment. Project contingency funding is also included in case of unforeseen delays in implementation.

Background

  • Since September 2013, temporary resident applicants from 29 visa-required countries and one territory, wishing to travel to Canada, have been required to provide biometric information. Biometrics are recognized as one of the most reliable ways to identify people and are used by more than 70 countries for immigration screening.
  • Budget 2015 announced $312.6M over five years and $103.2M for IRCC and partner departments allowing the Government of Canada to expand its biometrics collection program to most foreign travellers coming to Canada.
  • All investments and activities related to biometrics will remain cost neutral to the fiscal framework with all costs recovered through the $85 biometrics fee implemented in 2013.
  • IRCC funding for this initiative is $182.1M over five years and $82.9M ongoing. Funding of $75.6M was received by IRCC specifically for the Biometrics Expansion Project. Since the beginning of the project in 2015-2016 up to March 2019, IRCC spent $53.9M to implement the expansion of biometric screening. It is anticipated that the implementation will be completed on budget in 2019-2020.
  • Prior to Biometrics Expansion Project, the Government of Canada collected biometrics from:
    • In-Canada refugee claimants and overseas refugee resettlement applicants;
    • Individuals ordered removed from Canada; and
    • Individuals from 30 foreign nationalities applying for a temporary resident visa, work permit or study permit.
  • The Biometric Expansion Project supports the achievement of the following expected outcomes:
    • Strengthened identity management for informed admissibility decision-making;
    • Inadmissible individuals are not allowed entry into, or allowed to remain in Canada; and
    • Facilitated movement of admissible individuals into Canada.

Canada’s new international education strategy

Issue: Funding for Canada’s New International Education Strategy

Due to rounding, figures may not add up

Vote

Sought in 2019-2020, Main Estimates

Sought in 2019-2020, Supplementary Estimates A

Vote 1 – Operating Expenditures

$0.0 M

$6.8 M

Statutory Employee Benefit Plan

$0.0 M

$1.0 M

Vote 5 – Capital Expenditures

$0.0 M

$1.1 M

Total

$0.0 M

$8.9 M

Key messages

  • As part of Canada’s New International Education Strategy announced in Budget 2019, Immigration, Refugees and Citizenship Canada will introduce new measures to modernize and streamline the application process to help attract students to Canada, and to promote the opportunity for young Canadians to travel and work abroad through the International Experience Canada Program.
  • International students make a significant contribution to the economy: their annual economic impact is $21.6B.
  • Canada has been successful at attracting international students and is now ranked fourth in the world as a study destination.

Supporting facts and figures

  • Budget 2019 announced a total new investment of $147.9M over five years and $8M ongoing. Of this, IRCC will receive $19.0M over five years and $1.4M ongoing.
  • Between 2015 and 2018, there has been an increase of 56% in total international students in Canada. Canada has risen from seventh to fourth place in study destination ranking among global international education markets during that time.
  • IRCC plays a key role in attracting international students through the issuance of study permits under Canada’s International Student Program.
  • The 2014 International Education Strategy aimed to double the number of international students choosing Canada, to move from 240,000 in 2011 to more than 450,000 by 2022. This target was surpassed much faster. Indeed, in 2018, over 720,000 international students were in Canada.
  • Funding will allow the Department to streamline and modernize the study permit process as well as promote and increase awareness of the International Experience Canada program:
    • It will improve study permit application processes and client service.
    • It will look to introduce new tools and strategies to diversify incoming international students.
    • As part of these efforts, IRCC is looking to expand the Student Direct Stream, which expedites the processing of study permit applications of applicants who provide upfront documents (e.g., medical, financial), and is now available to legal residents of China, India, the Philippines, Vietnam and most recently Pakistan, Morocco and Senegal.
    • It will create greater awareness among young Canadians about opportunities to work and travel abroad through International Experience Canada.

Background

  • Through Budget 2019 announcements, the International Education Strategy led by Global Affairs Canada provided $30.M over 5 years and $6.3M ongoing to GAC. It is also supported by Employment and Social Development Canada and Immigration and Refugees and Citizenship Canada who received a combined $95.0M over five years. The International Education Strategy was launched in 2014, and updated in August of 2019.
  • The most recent Strategy aims to diversify the pool of international students coming to Canada, including where students come from, their field and level of study and study destination in Canada; increase support for Canadian institutions to grow their export services and explore opportunities abroad, in addition to encouraging Canadian students to gain new skills through study and work abroad opportunities in key global markets through the International Experience Canada Program.
  • The International Student Program has seen over a decade of steady growth, with over 357,232 study permits issued in 2018.
  • The majority of the student movement to Canada originates from China and India which continue to see growing volumes of study permit applications and remain the top two international student source countries, accounting for more than 50% of all study permits issued. Aware of the risks associated with this concentration across few markets, the federal government aims to minimize vulnerabilities to changes in these countries and market fluctuations.

National strategy to combat human trafficking

Issue: Funding for the National Strategy to Combat Human Trafficking

Total may not add up due to rounding

Vote

Sought in 2019-2020, Main Estimates

Sought in 2019-2020, Supplementary Estimates A

Vote 1 – Operating

$0.0 M

$0.8 M

Statutory (Employee Benefits Plan)

$0.0 M

$0.2 M

Total

$0.0 M

$0.9 M

Key messages

  • Budget 2019 announced the intention to develop a new whole‑of‑government strategy to combat human trafficking, resulting in the new National Strategy to Combat Human Trafficking, which was announced in September 2019 by the Minister of Public Safety and Emergency Preparedness. The National Strategy sets out a comprehensive way forward to address human trafficking, bringing together all federal efforts in Canada and abroad under one strategic plan.
  • The new National Strategy is an important tool to support IRCC, through dedicated funding, to detect and respond to suspected cases of human trafficking, and to identify potential perpetrators earlier.
  • Under the protection pillar of the National Strategy, IRCC is enhancing existing anti-trafficking initiatives, including offering protection to foreign national victims through temporary resident permits, and conducting large‑scale administrative investigations.

Supporting facts and figures

  • The National Strategy to Combat Human Trafficking is an initiative led by Public Safety Canada. In September 2019, then-Minister Goodale announced a total new investment of $57.22M over five years and $10.28M ongoing, including $8.2M over five years and $1.8M ongoing for Immigration, Refugees and Citizenship Canada (IRCC).
  • IRCC’s role in this government-wide initiative will be to enhance its capacity to detect and respond to suspected human trafficking cases through the immigration system.

Background

  • Dedicated funding through the National Strategy increases IRCC’s capacity to proactively identify trafficking victims through the immigration system, and to provide them with support.
  • IRCC provides protection to victims of human trafficking without legal status in Canada with a special temporary resident permit, when appropriate.
  • Individuals who are issued a Victims of Trafficking in Persons temporary resident permit are eligible for health care under the Interim Federal Health Program for the duration of the temporary resident permit. This health coverage includes medical and psychological services. A temporary resident permit valid for 180 days makes the holder eligible to apply for a work permit, if they wish to work in Canada (processing fees of $200 for this temporary resident permit and $155 for the work permit are waived).
  • Officers may issue longer-term temporary resident permits, or victims may apply for a subsequent temporary resident permit following their 180 days. These options are available as a means to continue to protect victims.
  • IRCC also conducts large-scale administrative investigations into human trafficking networks to proactively identify victims and perpetrators.

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