POLICY MONITOR CANADA<title> » Foreign Affairs http://policymonitor.ca GOVERNMENT POLICY NEWS FROM ACROSS CANADA Wed, 01 Sep 2010 23:44:47 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Canada joins APEC cross-border privacy enforcement initiative http://policymonitor.ca/justice/privacyfreedom-of-information/canada-joins-apec-cross-border-privacy-enforcement-initiative/?utm_source=rss&utm_medium=rss&utm_campaign=canada-joins-apec-cross-border-privacy-enforcement-initiative http://policymonitor.ca/justice/privacyfreedom-of-information/canada-joins-apec-cross-border-privacy-enforcement-initiative/#comments Tue, 31 Aug 2010 23:34:56 +0000 Admin http://policymonitor.ca/?p=6582 Canada has been accepted as a participant in a new Asia-Pacific Economic Cooperation (APEC) mechanism for cross-border cooperation on data privacy enforcement.

The initiative – the APEC Cross-border Privacy Enforcement Arrangement – was developed to facilitate information sharing and cooperation between authorities responsible for data and consumer protection in the APEC region.

Privacy Commissioner of Canada, Jennifer Stoddart, says the arrangement is an important step forward in addressing new challenges for privacy in a globalized, online world.

“This will help us deal with privacy concerns relating to organizations that operate in multiple jurisdictions and businesses that move personal information across borders for processing. These are increasingly common phenomena in the economy of the 21st century and we need 21st century tools to address them,” says Commissioner Stoddart.

Canada’s notice of intent to participate in the initiative was formally accepted this week.

The arrangement establishes a process under which participating authorities may contact each other for help with collecting evidence, sharing information on an organisation or matter being investigated, enforcing actions, and transferring complaints to another jurisdiction.

It also encourages cooperation between privacy enforcement authorities in APEC and their international, non-APEC counterparts as the arrangement has been designed to work seamlessly with other regional and global schemes.

The arrangement was developed by a volunteer group of APEC member economies with input from civil society and business groups. To date, the participants in the arrangement also include the Office of the Privacy Commissioner of Australia, Hong Kong’s Office of the Privacy Commissioner for Personal Data, the Office of the Privacy Commissioner of New Zealand and the U.S. Federal Trade Commission. Additional privacy enforcement authorities from APEC member economies are also expected to join.

For more information, please see:

APEC Cross-border Privacy Enforcement Arrangement (CPEA)
http://www.apec.org/apec/apec_groups/committee_on_trade/electronic_commerce/cpea.html

APEC News Release
http://www.apec.org/apec/news___media/media_releases/20100716_ecsg_cpea.html

APEC Fact Sheet
http://www.apec.org/apec/news___media/fact_sheets/201006cpea.html

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Canada Tax Policy Consultations http://policymonitor.ca/financial-regulation/canada-tax-policy-consultations/?utm_source=rss&utm_medium=rss&utm_campaign=canada-tax-policy-consultations http://policymonitor.ca/financial-regulation/canada-tax-policy-consultations/#comments Sat, 28 Aug 2010 15:34:24 +0000 Admin http://policymonitor.ca/?p=6547 Government of Canada Releases Consultation Draft of Legislative Tax Proposals

Related Document:


The Department of Finance today released for consultation draft legislative proposals to implement tax measures from Budget 2010 along with several previously announced tax initiatives.

The proposals released today include draft legislation to:

  • Provide for the sharing of the Canada Child Tax Benefit and the Universal Child Care Benefit in cases of shared custody.
  • Allow Registered Retirement Savings Plan proceeds to be transferred to a Registered Disability Savings Plan on a tax-deferred basis.
  • Implement disbursement quota reform for registered charities.
  • Better target the tax incentives in place for employee stock options.
  • Expand the availability of accelerated capital cost allowance for clean energy generation.
  • Adjust the capital cost allowance rate for television set-top boxes to better reflect the useful life of these assets.
  • Clarify the definition of a principal-business corporation for the purposes of the rules relating to Canadian Renewable and Conservation Expenses.
  • Introduce amendments consequential to the introduction in 2011 of new International Financial Reporting Standards by the Accounting Standards Board.
  • Provide legislative authority for the Canada Revenue Agency to issue online notices where the taxpayer so requests.
  • Implement a new reporting regime for aggressive tax planning, taking into account comments received during post-budget consultations.
  • Replace the previous proposals relating to foreign investment entities with several limited enhancements to the current Income Tax Act and better target and simplify previous proposals relating to non-resident trusts, taking into account comments received during post-budget consultations.
  • Counter schemes designed to shelter tax otherwise payable by artificially increasing foreign tax credits.
  • Ensure that income trust conversions into corporations are subject to the same loss utilization rules that currently apply to similar transactions involving only corporations.
  • Limit tax arbitrage opportunities by extending the application of the Specified Leasing Property rules to property that is the subject of a lease to a government or other tax-exempt entity, or to a non-resident.

The draft legislative proposals also include other previously announced measures identified in Budget 2010, as modified to take into account consultations and deliberations since their release, as well as an income tax amendment relating to the enactment of the Fairness for the Self-Employed Act:

  • The Paperwork Burden Reduction Initiative for small excise taxpayers, announced by the Minister of National Revenue on March 31, 2009.
  • Measures relating to the income taxation of shareholders of foreign affiliates, previously released in draft form on December 18, 2009.
  • Rules to facilitate the implementation of Employee Life and Health Trusts, released in draft form on February 26, 2010.
  • The introduction of a personal income tax credit in respect of Employment Insurance premiums paid by self-employed individuals.

References to “Announcement Date” are to be read as references to today’s date. Explanatory notes to the legislative proposals will be posted on the Department of Finance website shortly.

Interested parties are invited to provide comments on the draft legislative proposals by September 27, 2010. Please send your comments to:

Tax Policy Branch
Department of Finance
140 O’Connor Street
Ottawa, Ontario
K1A 0G5

____________________________________
For further information, media may contact:

Annette Robertson
Press Secretary
Office of the Minister of Finance
613-996-7861

Stephanie Rubec
Media Relations
Department of Finance
613-996-8080

To receive e-mail notification of all news releases, please register at www.fin.gc.ca/scripts/register-eng.asp

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Immigration Policy Changes http://policymonitor.ca/foreign-affairs/immigration/immigration-policy-changes/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-policy-changes http://policymonitor.ca/foreign-affairs/immigration/immigration-policy-changes/#comments Mon, 16 Aug 2010 07:55:17 +0000 Admin http://policymonitor.ca/?p=6409

Regulations Amending the Immigration and Refugee Protection Regulations

Statutory authority

Immigration and Refugee Protection Act

Sponsoring department

Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Foreign nationals who wish to live in Canada as permanent residents must normally apply for and obtain a permanent resident visa before they arrive in Canada. Alternatively, they may apply for permanent residence from within Canada if they meet the eligibility requirements of an in-Canada immigration class. Despite the foregoing, foreign nationals in Canada or abroad who do not meet the eligibility requirements to apply within an immigration class may be granted permanent resident status or an exemption from any criteria or obligations of the Immigration and Refugee Protection Act (IRPA), if justified on humanitarian and compassionate or on public policy grounds, as is stipulated in section 25 of the IRPA.

Section 25 of the IRPA is a discretionary provision that gives the Minister of Citizenship and Immigration the authority to grant permanent resident status or an exemption from any applicable requirement of the IRPA or its Regulations, if it is justified by humanitarian and compassionate or public policy considerations. The purpose of section 25 of the IRPA is to provide the Minister with the flexibility to approve cases in exceptional circumstances. It is a discretionary tool designed to enhance the attainment of the objectives of the IRPA and to uphold Canada’s humanitarian tradition; it is not intended to be an alternative stream for immigration to Canada or an appeal mechanism.

Section 25 provides the legal basis for both the humanitarian and compassionate provision and public policies. Although both humanitarian and compassionate and public policies may be used to grant permanent resident status or an exemption from any criteria or obligations of the IRPA, these provisions differ in the following ways:

  • A humanitarian and compassionate provision is a discretionary provision taken on a case-by-case basis by the Minister or Minister’s delegate. Humanitarian and compassionate decisions have no eligibility criteria per se, though there are guidelines for decision-makers to follow. The humanitarian and compassionate process is triggered either by the foreign national making an application, or by the Minister (on the Minister’s own initiative).
  • A public policy, unlike the humanitarian and compassionate provision, is designed to facilitate processing of a number of individuals in similar circumstances, all of whom must meet specific eligibility criteria. Only those applicants who meet those criteria may be granted permanent residence under the public policy. Public policies are established by the Minister.

An Act to amend the Immigration and Refugee Protection Act and the Federal Courts Act, also known as the Balanced Refugee Reform Act, which recently received Royal Assent, contains several amendments to the humanitarian and compassionate provision, including the separation of section 25 into three sections. Section 25, as it previously read, was a complex provision which either compelled or allowed the Minister to consider requests for humanitarian and compassionate consideration, discussed both humanitarian and compassionate and public policy considerations, and involved applicants inside or outside Canada.

For purposes of clarity, the current aspects of section 25 have been separated into three distinct sections. As a result, section 25 concerns requests for humanitarian and compassionate consideration from foreign nationals in Canada, section 25.1 concerns humanitarian and compassionate grounds considered on the Minister’s own initiative, and section 25.2 concerns public policy considerations. The legal and technical refinements to section 25 improve the clarity of the humanitarian and compassionate provisions, and assist in more consistent application and interpretation of the Act and associated regulations.

In light of the changes to section 25, the regulations related to humanitarian and compassionate considerations that currently exist should be amended to include reference to the new sections. Thus, the changes to the humanitarian and compassionate provisions that require regulatory amendments may be characterized as technical in nature. The objective of proposing corresponding amendments to the Regulations is to maintain the status quo by ensuring that applicants who are granted positive humanitarian and compassionate consideration on the Minister’s initiative (25.1) or positive consideration on public policy grounds (25.2) would continue to benefit from the Regulations.

Description and rationale

The following amendments to the Immigration and Refugee Protection Regulations (IRPR) are proposed:

1. Insert reference to sections 25.1 and 25.2 of the Act in sections 67 and 68 of the Regulations (regarding permanent resident visas)

Sections 67 and 68 of the IRPR relate to the issuance of permanent resident visas to foreign nationals granted exemptions from eligibility requirements under subsection 25(1) of the IRPA who have applied for humanitarian and compassionate consideration outside Canada (section 67) or in Canada (section 68). Currently, the above-noted Regulations only make reference to exemptions granted under subsection 25(1) of the IRPA. In order to maintain the status quo, amendments to sections 67 and 68 of the IRPR, by adding a reference to sections 25.1 and 25.2 of the IRPA, would be necessary. This would ensure that foreign nationals and accompanying family members who may be granted an exemption on the Minister’s initiative (section 25.1) or on public policy grounds (section 25.2) would continue to be eligible for the possible issuance of permanent resident visas under sections 67 and 68 of the Regulations.

2. Insert reference to sections 25.1 and 25.2 of the Act in paragraph 207(d) of the Regulations (regarding work permits)

Paragraph 207(d) of the IRPR addresses the issuance of work permits to foreign nationals in Canada who have been granted an exemption under subsection 25(1) of the IRPA. In order to maintain the status quo, it is proposed that reference to sections 25.1 and 25.2 be included in paragraph 207(d) of the IRPR. Such an amendment would ensure that foreign nationals who have been granted an exemption on the Minister’s initiative (section 25.1) or on public policy grounds (section 25.2) would continue to be eligible for the possible issuance of a work permit under paragraph 207(d) of the IRPR.

3. Insert reference to sections 25.1 and 25.2 of the Act in section 233 of the Regulations (regarding stays of removal)

Section 233 of the IRPR refers to stays of removal granted further to subsection 25(1) of the IRPA. In order to maintain the status quo, section 233 of the Regulations would require an amendment to include references to sections 25.1 and 25.2 of the IRPA. This would ensure that removal orders against foreign nationals and any of their family members may continue to be stayed if the Minister is of the opinion that there exist humanitarian and compassionate or public policy considerations under section 25.1 (on the Minister’s initiative) or under section 25.2 (public policy considerations).

4. Insert reference to sections 25.1 and 25.2 of the Act in paragraph 298(2)(b) of the Regulations (regarding exceptions to the payment of fees for temporary resident permits)

Paragraph 298(2)(b) of the IRPR refers to exceptions to the payment of fees for temporary resident permits for persons with pending applications further to subsection 25(1) of the IRPA. In order to maintain the status quo, paragraph 298(2)(b) of the Regulations would require an amendment to include references to sections 25.1 and 25.2 of the IRPA. This would ensure that foreign nationals with a pending decision under section 25.1 (on the Minister’s initiative) or under section 25.2 (public policy considerations) would continue to be exempt from the payment of fees for temporary resident permits.

Consultation

Provincial and territorial members of the Department’s Immigration Planning Table were advised in May 2010 of these proposed regulatory amendments and were invited to submit any comments or concerns. To date, no feedback has been received.

Implementation, enforcement and service standards

The proposed amendments entail minimal implementation requirements. Guidelines in policy manuals would be updated to inform immigration officers of the new Regulations. Such measures, including training of current staff, would be funded out of resources already allocated.

Contact

Brenna MacNeil
Director
Social Policy and Programs
Immigration Branch
Department of Citizenship and Immigration
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Telephone: 613-941-9022
Fax: 613-941-9014
Email: Brenna.MacNeil@cic.gc.ca

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Yukon Consults on Three Acts http://policymonitor.ca/education/professional-self-regulation/yukon-consults-on-three-acts/?utm_source=rss&utm_medium=rss&utm_campaign=yukon-consults-on-three-acts http://policymonitor.ca/education/professional-self-regulation/yukon-consults-on-three-acts/#comments Wed, 28 Jul 2010 02:37:50 +0000 Admin http://policymonitor.ca/?p=6279

Public Input Invited on Proposed Changes to Three Yukon Acts Important to Businesses, Societies & Cooperative Associations

Highlights of the proposed changes include updating business naming provisions, creating limited liability partnerships, adding registration procedures for societies incorporated outside of Yukon and clarifying registration procedures for cooperatives incorporated outside of Yukon.

Together with the Securities Transfer Act and proposed changes to the Business Corporations Act, these proposed amendments will provide Yukon with modern legislation that will better serve Yukon citizens and the organizations governed by business-related legislation.

To view the existing acts, plain language guides and the draft legislation, please see below.

1. The Partnership and Business Names Act governs partnerships and regulates the use of business names in Yukon.

filetype pdf Yukon Consults on Three Acts Plain Language Guide to the Proposed Changes

filetype pdf Yukon Consults on Three Acts Draft Act to Amend the Partnership and Business Names Act

2. The Societies Act governs “not for profit” organizations in Yukon.

filetype pdf Yukon Consults on Three Acts Plain Language Guide to the Proposed Changes

filetype pdf Yukon Consults on Three Acts Draft Act to Amend the Societies Act

3. The Cooperative Associations Act governs cooperative associations in Yukon.

filetype pdf Yukon Consults on Three Acts Plain Language Guide to the Proposed Changes

filetype pdf Yukon Consults on Three Acts Draft Act to Amend the Cooperative Associations Act

To submit comments, please contact Fred Pretorius, Director of Corporate Affairs at Community Services by email: corporateaffairs@gov.yk.ca, Fax: 867-393-6251 or phone: 667-5223, or toll free in Yukon at 1-800-661-0408 ext. 5223

Written comments are invited until August 13, 2010

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Review of Foreign Investment in Book Publishing http://policymonitor.ca/social-policy/artsculturesport/review-of-foreign-investment-in-book-publishing/?utm_source=rss&utm_medium=rss&utm_campaign=review-of-foreign-investment-in-book-publishing http://policymonitor.ca/social-policy/artsculturesport/review-of-foreign-investment-in-book-publishing/#comments Wed, 21 Jul 2010 21:23:25 +0000 Admin http://policymonitor.ca/?p=6258 Government of Canada Launches a Review of the Revised Foreign Investment Policy in Book Publishing and Distribution

OTTAWA, July 20, 2010 – The Honourable James Moore, Minister of Canadian Heritage and Official Languages, today announced a review of the Revised Foreign Investment Policy in Book Publishing and Distribution, which will include consultations with individuals and organizations interested in Canadian books.

“As the digital world creates new opportunities for Canadians to discover and connect with Canadian-authored books, it is critical that we foster innovation, efficiency, and healthy competition in Canada’s book industry,” said Minister Moore. “Our Government demonstrated its commitment to the future of Canadian-authored books in 2009, when we renewed funding over five years to help the Canadian-owned book industry keep pace in a changing environment. The review announced today seeks to ensure that Canada’s foreign investment policy for the book sector reflects new realities and supports our goal of ensuring that readers everywhere have access to a wide range of Canadian-authored books.”

Since the current policy was introduced in 1985 and revised in 1992, a number of developments–including the proliferation of digital technologies, consolidation of ownership, and increased globalization–have altered Canada’s landscape for both the book industry and consumers.

The Competition Policy Review Panel’s final report highlighted the importance of reviewing cultural policies in light of the changing context in which they operate, while recognizing the unique nature of the cultural sector. The policy review announced today is yet another example of this Government’s commitment to deliver on the Panel’s recommendations.

The online consultations, which begin today and close on September 18, 2010, will seek Canadians’ feedback on the impacts of the policy to date and on how best to meet its objectives going forward. Further details about the key themes being considered can be found in a discussion paper posted on the consultation website. For more information on the review and on how to participate in the consultation, visit www.pch.gc.ca/bookconsultation.

For more information (media only), please contact:

Matthew Deacon
Press Secretary
Office of the Minister of Canadian Heritage
and Official Languages
819-997-7788
matthew.deacon@pch.gc.ca

Media Relations
Canadian Heritage
819-994-9101
1-866-569-6155
media@pch.gc.ca

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Canada Immigration Changes http://policymonitor.ca/foreign-affairs/immigration/canada-immigration-changes/?utm_source=rss&utm_medium=rss&utm_campaign=canada-immigration-changes http://policymonitor.ca/foreign-affairs/immigration/canada-immigration-changes/#comments Mon, 28 Jun 2010 17:48:12 +0000 Admin http://policymonitor.ca/?p=5991 Government of Canada will welcome more economic immigrants in 2010

Toronto, June 26, 2010 — Canada is adjusting its 2010 immigration plan to put even greater emphasis on economic recovery and further reduce the federal skilled worker backlog, Citizenship, Immigration and Multiculturalism Minister Jason Kenney told a news conference today.

“When I met with my provincial colleagues last week, they all stressed the importance of economic immigration,” Minister Kenney said. “As we recover from the recession, increasing economic immigration will help ensure employers have the workers they need to supplement our domestic labour supply.”

Each year, Citizenship and Immigration Canada (CIC) sets out a plan for the number of immigrants it intends to welcome within economic, family and humanitarian immigration categories. The planned range for 2010 is 240,000 – 265,000 immigrants. CIC generally achieves the midpoint of this range. In 2010, CIC anticipates achieving the upper end of this range, allowing Canada to welcome more immigrants in the economic category than originally planned. This includes federal skilled workers and record-level numbers of provincial nominees, without reducing the number in the family or humanitarian immigration categories.

Minister Kenney noted that some of his provincial colleagues expect the need will grow further in the years ahead. “This is something we will need to take into consideration when we consult more broadly on plans for future years,” he said.

Even with higher numbers of economic immigrants, Canada still receives many more applications than can be processed in a timely way. As a result, the department is limiting the number of new applications it will consider in the federal skilled worker category every year.

“Canada will continue to welcome historically high numbers of immigrants, but we need to manage the number of new applications or risk creating new backlogs and longer processing times,” Minister Kenney said. “We have more than enough applications on hand now to fill many of our needs, and we want to be fair to those people who have been waiting the longest.”

Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public.

For those applying under the occupation list, the government will limit the number of applications considered for processing to 20,000 per year as a way to better manage the supply of applications with labour market demand. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered. The limit does not apply to applicants with a job offer.

In addition, all federal skilled worker and Canadian Experience Class applicants must submit the results of an independent language test before they will be considered.

Other than the language test result requirement, these changes apply only to the federal skilled worker immigration category. The authority for the changes, known as ministerial instructions, comes from amendments to the Immigration and Refugee Protection Act approved by Parliament in 2008 as part of the Action Plan for Faster Immigration.

The instructions are meant as a flexible tool to allow the government to keep the intake of applications for economic immigration in line with the number and types of jobs available in Canada, as well as reduce application backlogs and processing times.

Since the first instructions were issued in November 2008, the backlog of federal skilled worker applicants in process prior to the legislation has dropped from 640,000 to 380,000. The majority of decisions on new applications are being made in six to 12 months, compared with up to six years prior to the changes. But in the first quarter of 2010, the number of new applications rose significantly beyond the department’s ability to process them in a timely way, leading to the recognition that a more refined approach is necessary.

“These changes bring Canada in line with the practices of the United Kingdom, Australia and New Zealand, our main competitors for skilled immigrants,” said Minister Kenney. “They help match the supply of applicants to our processing capacity and today’s post-recession job market needs. This is the only responsible way to manage our immigration system.”

The Government is also proposing new eligibility criteria for the immigrant investor program so it makes an even greater contribution to the Canadian economy. Proposed regulatory changes will require new investors to have a personal net worth of $1.6M, up from $800,000, and make an investment of $800,000, up from $400,000. These proposals were pre-published today in the Canada Gazette for a 30-day public comment period.

Canada’s current criteria for investors are the lowest in the world, and have not been changed since 1999. As a result the program draws a larger number of applicants than can be admitted every year under the immigration plan, and processing times are increasing.

Until the changes are finalized, the Government will stop accepting new investor applications to prevent a flood of applications before the new criteria take effect, which would stretch processing times even further. When the new criteria are in place, new applications will be processed alongside the old ones. In this way, Canada can begin to realize the benefits of the changes immediately.

“Canada needs investor immigrants,” said Minister Kenney. “These changes are necessary to keep Canada’s program competitive with that of other countries, and keep pace with the changing economy.”

Follow us on Twitter at www.twitter.com/CitImmCanada.

For further information (media only), please contact:

Alykhan Velshi
Minister’s Office
Citizenship and Immigration Canada

Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC-Media-Relations@cic.gc.ca

Backgrounders:

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Regulations Amending the Citizenship Regulations http://policymonitor.ca/foreign-affairs/immigration/regulations-amending-the-citizenship-regulations/?utm_source=rss&utm_medium=rss&utm_campaign=regulations-amending-the-citizenship-regulations http://policymonitor.ca/foreign-affairs/immigration/regulations-amending-the-citizenship-regulations/#comments Mon, 21 Jun 2010 01:41:20 +0000 Admin http://policymonitor.ca/?p=5708 Statutory authority

Citizenship Act

Sponsoring department

Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Adults applying for a grant of citizenship are currently required under the Citizenship Act to demonstrate “an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.” The criteria for determining that an applicant has an adequate knowledge in these areas are outlined in the Citizenship Regulations. These criteria form the basis of questions used to assess a citizenship applicant’s knowledge of Canada and of the responsibilities and privileges of citizenship.

A new citizenship study guide, Discover Canada: the Rights and Responsibilities of Citizenship, was published in November 2009. The publication of Discover Canada and the related changes to the citizenship test are key initial activities of the Citizenship Action Plan (CAP). The goal of CAP is to encourage Canadians to value, understand and practice their citizenship, thus making citizenship more meaningful.

Discover Canada includes more comprehensive information on the rights and responsibilities of Canadian citizens, and on Canada’s values, symbols, history and military achievements. In particular, the new guide features topics such as responsible government, Remembrance Day, the Québécois nation and the Quiet Revolution, gender equality, the impact of residential schools on Aboriginal people, and our role in world wars and other historical conflicts. The guide also features expanded sections on Canadian heroes, sports, diversity and artists. This new focus on the rights and responsibilities of Canadian citizenship reinforces that citizenship entails reciprocal obligations between citizens and the state and will help to better prepare applicants for citizenship and enrich their understanding of what it means to be Canadian.

The launch of the new citizenship study guide, Discover Canada, necessitates revisions to the citizenship test to enable applicants to be tested on the new information contained in the study guide. CIC introduced an interim test in March 2010 that is based on the content of Discover Canada, but as per the current Regulations, it does not require applicants to demonstrate a broad knowledge of the responsibilities and privileges of citizenship.

Regulatory change is required to enable a more complete assessment of knowledge against the breadth of content of Discover Canada and to require an understanding of a range of responsibilities and privileges of citizenship. This would support introducing a test that is fully consistent with CAP principles.

Description and rationale

Greater flexibility is required in the Regulations to be able to test applicants consistently on a range of knowledge of the characteristics of Canada, rather than on a single characteristic. All of the elements below are considered important in demonstrating a fundamental understanding of Canada. Such an understanding of Canada should include an understanding of its system of government. The Regulations would therefore benefit from the inclusion of a category related to Canada’s system of government.

Regulatory amendments would also be necessary in order to require applicants to successfully demonstrate knowledge of the responsibilities and privileges of citizenship outside of elections and voting procedures (as described in the bullets below).

The proposed amendments would support changes to the test that clarify the requirement for applicants to know the national symbols of Canada and demonstrate an adequate knowledge of the following:

  • a range of responsibilities and privileges of citizenship, such as
    • participation in the Canadian democratic process;
    • participation in Canadian society, including volunteerism, respect for the environment and the protection of Canada’s natural, cultural and architectural heritage; and
    • respect for the rights, freedoms and obligations set out in the laws governing Canada; and
  • a broad range of knowledge of Canada’s characteristics such as
    • the chief characteristics of Canadian political and military history;
    • the chief characteristics of Canadian social and cultural history;
    • the chief characteristics of Canadian physical and political geography; and
    • the chief characteristics of the Canadian system of government as a constitutional monarchy.

The proposed regulatory changes would promote an enhanced understanding of Canadian identity and values and of the responsibilities of citizenship. The pass rate is not expected to decrease compared to the pass rate for the interim test.

The work done in connection with the implementation of the interim test in March 2010 means that most of the costs associated with developing test questions based on Discover Canada content have already been borne. Additional costs associated with further revisions to the test once the new Regulations are in place are expected to be minimal, and there are no incremental costs associated with printing new tests or changes to the marking scheme resulting from the regulatory change.

There may be a minor one-time cost associated with monitoring the impact of the new test on applicants; it is not expected to exceed $75,000. There would be no additional costs to the permanent resident of learning new material, as it is all contained in Discover Canada, which is provided free of charge to applicants.

Consultation

In developing Discover Canada, CIC consulted with a panel of prominent Canadians, including public figures, authors and historians. Drafts of the new guide were also reviewed by well-known organizations and individuals involved in citizenship promotion, such as the Historica-Dominion Institute, Rudyard Griffiths, Dr. John Ralston Saul, and the Institute for Canadian Citizenship. Several government departments and agencies were also consulted, including Canadian Heritage, Elections Canada and Veterans Affairs Canada. Consultations primarily took place between April and September 2009. Initial consultations sought suggestions for improvement based on the then current guide, A Look at Canada. As drafts of the revised guide were developed, the nature of the advice provided for consideration ranged from general to specific commentary focussed on the style and content of the drafts. Comments on the content were numerous and included more precision on historical dates/events and input on virtually every chapter of the document. The final draft is a reflection of the many comments received and incorporated in the development of Discover Canada. The reaction to the publication of Discover Canada has generally been positive.

Implementation, enforcement and service standards

The proposed amendments entail minimal implementation requirements or incremental costs. Operational guidelines as well as the delivery of the new tests to local offices would be required and could be absorbed as a part of regular activities.

An implementation Working Group comprised of CIC officials from all branches and divisions affected by these changes was established to ensure all necessary procedures, systems support and communication tools were in place for changes to the citizenship test implemented in March 2010 to reflect changes to the study guide. The products created for the March 2010 implementation will serve as a guide for future changes to the test that would be enabled by the proposed regulatory amendment.

CIC would monitor the results of the new citizenship testing regime in 2010.

The proposed regulatory amendments are not expected to have a significant impact on processing times for citizenship applications.

Contact

Nicole Girard
Director
Legislation and Program Policy
Citizenship Branch
Citizenship and Immigration Canada
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Telephone: 613-991-2153
Fax: 613-954-9144
Email: Nicole.Girard@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 27(d) (see footnote a) of the Citizenship Act (see footnote b), proposes to make the annexed Regulations Amending the Citizenship Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Nicole Girard, Director, Legislation and Program Policy, Citizenship and Multiculturalism Branch, Citizenship and Immigration Canada, 180 Kent Street, Ottawa, Ontario K1A 1L1 (tel.: 613-991-2153; fax: 613-954-9144; email: Nicole.Girard@cic.gc.ca).

Ottawa, June 10, 2010

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AMENDMENTS TO THE NATIONAL DEFENCE ACT http://policymonitor.ca/foreign-affairs/defence/amendments-to-the-national-defence-act/?utm_source=rss&utm_medium=rss&utm_campaign=amendments-to-the-national-defence-act http://policymonitor.ca/foreign-affairs/defence/amendments-to-the-national-defence-act/#comments Fri, 18 Jun 2010 01:07:48 +0000 Admin http://policymonitor.ca/foreign-affairs/defence/amendments-to-the-national-defence-act/ DND INTRODUCES AMENDMENTS TO THE NATIONAL DEFENCE ACT

The Honourable Peter MacKay, Minister of National Defence, tabled a bill in Parliament today that introduces significant amendments to the National Defence Act . The amendments contained in Bill C-41, the Strengthening Military Justice in the Defence of Canada Act , reflect recommendations made in the 2003 report by the former Chief Justice of the Supreme Court, the late Right Honourable Antonio Lamer, as well as by the Standing Senate Committee on Legal and Constitutional Affairs in their May 2009 report, Equal Justice: Reforming Canada’s System of Courts Martial . …

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Foreign Investment in the Telecommunications Industry http://policymonitor.ca/economy/technology/foreign-investment-in-the-telecommunications-industry/?utm_source=rss&utm_medium=rss&utm_campaign=foreign-investment-in-the-telecommunications-industry http://policymonitor.ca/economy/technology/foreign-investment-in-the-telecommunications-industry/#comments Mon, 14 Jun 2010 01:18:36 +0000 Admin http://policymonitor.ca/social-policy/artsculturesport/foreign-investment-in-the-telecommunications-industry/ Government of Canada Consults with Canadians on Foreign Investment in the Telecommunications Industry

OTTAWA, June 11, 2010 — The Honourable Tony Clement, Minister of Industry, today announced the launch of a public consultation on foreign investment restrictions in the telecommunications sector.

“Our goal is to encourage investment, innovation and competition in the telecommunications sector for the benefit of both businesses and consumers,” said Minister Clement. “We look forward to receiving Canadians’ views on this important issue.”

In the Speech from the Throne and Budget 2010: Leading the Way on Jobs and Growth, the Government of Canada committed to opening Canada’s doors further to venture capital and to foreign investment in key sectors, including telecommunications, in order to attract new capital and to encourage innovation and competition.

The consultation will run until July 30, 2010. The consultation paper outlines the current restrictions, describes how Canada compares with other countries and presents the following three options for consideration:

  • Increase the limit for direct foreign investment in broadcasting and telecommunications common carriers to 49 percent;
  • Lift restrictions on telecommunications common carriers with a 10-percent market share or less, by revenue; or
  • Remove telecommunications restrictions completely.

Reviewing restrictions on foreign investment is consistent with the government’s approach to rely more on market forces and less on regulation in the telecommunications industry. Telecommunications is a critical part of the digital economy — a key government priority.

Additional information on how to submit your views and the consultation paper can be found at www.ic.gc.ca/telecominvestment.

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Nova Scotia Reviews Temporary Foreign Worker Regulations http://policymonitor.ca/foreign-affairs/immigration/nova-scotia-reviews-temporary-foreign-worker-regulations/?utm_source=rss&utm_medium=rss&utm_campaign=nova-scotia-reviews-temporary-foreign-worker-regulations http://policymonitor.ca/foreign-affairs/immigration/nova-scotia-reviews-temporary-foreign-worker-regulations/#comments Thu, 27 May 2010 21:07:43 +0000 Admin http://policymonitor.ca/?p=5448

The Department of Labour and Workforce Development and the Office of Immigration are considering developing legislation regulating the recruitment and employment of temporary foreign workers.

Click here to read a consultation paper. (English)

Click here to read a consultation paper. (français)

If you are interested in responding to this paper with your comments, ideas and suggestions, please contact the Labour Standards Division of the Department of Labour and Workforce Development by :

  • Faxing a letter to Labour Standards at (902) 424-0648
  • Sending us an e-mail at Labour Standards at labrstd@gov.ns.ca
  • Telephoning us at 1-888-315-0110
  • Writing to us at:

Nova Scotia Department of Labour and Workforce Development
Labour Standards Division
5151 Terminal Road, 7th Floor
PO Box 697
Halifax, NS
B3J 2T8

In order for us to fully consider your comments, please contact us by June 30, 2010.

Please note that our report may list the names of individuals and groups who make comments or submissions. Unless comments are marked confidential, we will assume respondents agree to the Department quoting from or referring to comments made.

Respondents should be aware that the Nova Scotia Freedom of Information and Protection of Privacy Act may require us to release information contained in submissions. Therefore, you should not include the names of other parties (such as the names of employers or of other employees) or any other information from which other parties could be identified, unless their permission has first been obtained. Further, if you, as an individual, want to make a submission or provide comments and you do not want your name and personal information to be made public, you should not include your name or other information, such as an address, by which you could be identified in the main body of the submission.

Your input will help us to address issues related to employment agencies and assignment employment in a balanced, fair and responsible way. Thank you for taking the time to participate.

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