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

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:

• Managing the Federal Skilled Worker Program: Balancing supply and demand
• Changes to proof of language requirements will help better position newcomers to adapt to Canada’s labour market
• Changes to the Federal Immigrant Investor Program will bring to Canada more resources to fund economic development and job creation initiatives
• Frequently asked questions — Changes to federal skilled worker and investor immigration programs

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

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.

Gatineau, April 7, 2010 – Passport Canada is asking Canadians to provide input on service improvements through public online consultations. Canadians can fill out a short online questionnaire available at www.passportcanada.gc.ca/consultations .

These consultations are taking place at an important moment in Passport Canada’s history. In 2012, Canada will begin issuing electronic passports, or ePassports, to all its citizens. The use of ePassports will allow Canada to follow international standards in the field of passport security to protect our borders and maintain the ease of international travel that Canadians currently enjoy. At the same time, Passport Canada will start offering the option of a 10-year validity period as well as the current 5-year validity period.

The adoption of this enhanced, more secure passport, as well as other possible service improvements, may result in a modified fee structure. In light of these upcoming changes, Passport Canada must consult Canadians under the User Fees Act .

To this end, Passport Canada’s online questionnaire will allow Canadians to have their say on all aspects of passport services. The input received will help Passport Canada craft a new service and fee proposal. Passport Canada’s goal is to make sure the cost of the ePassport is as low as possible.

The Canadian passport is the most reliable travel document for Canadian citizens and the only proof of your nationality and identity that is accepted in all countries. The introduction of the more secure ePassport and other changes will provide a document that benefits all Canadians by protecting the security of Canada. For more information, please visit www.passportcanada.gc.ca .

The Government of Canada is seeking the views of Canadians on how to help lead Canada to full economic recovery from the global recession. These consultations will look at worker shortages in trades and professions across Canada as well as the factors that affect an immigrant’s ability to succeed in Canada’s work force.

The consultations will help develop instructions to immigration officers on which economic immigration applications are eligible for processing. As part of the Action Plan for Faster Immigration, the first set of instructions was issued in November 2008 as a tool to keep the backlog of applications from growing, to reduce wait times for new applications and to better match new economic applicants to Canada’s labour market needs.

“The Action Plan for Faster Immigration is designed to make immigration more responsive to Canada’s economic conditions. When these conditions change, the instructions are meant to change too,” said Minister Kenney. “The first set of instructions has had a significant impact, but our research shows it is time to revise them to make sure they continue to meet their goals.”

Before the Action Plan for Faster Immigration was introduced, the backlog in the federal skilled worker category stood at more than 600,000 applicants, and that number has gone down by almost 40 per cent. People applying now to the federal skilled worker program can expect to receive a decision within one year compared to six years under the old system.

The consultations will be held with national and regional stakeholders, provinces and territories and the general public between now and April 16, 2010. If you wish to provide input, visit the online consultation.

http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/html/reg3-eng.html#rias

(This statement is not part of the Regulations.)

Issue and objectives

The Live-in Caregiver Program (LCP) is a stream of the Temporary Foreign Worker Program (TFWP) that facilitates qualified, low-skilled foreign workers entering Canada as live-in caregivers to care for children, elderly or disabled persons in the private home where the person being cared for resides, when there are not enough Canadians or permanent residents to fill available positions.

Employers must apply for and receive a positive or neutral labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) or from Service Canada (SC). LMO applications from employers are reviewed by officers who consider, among other factors, whether the wages and working conditions are comparable to those offered to Canadians working in the occupation and if the foreign worker would be filling a labour shortage. Once their employer has a positive or neutral LMO, live-in caregivers can apply for a work permit. If they meet all the program criteria and satisfy additional criteria, including security and medical admissibility, they are issued a temporary work permit to work as a live-in caregiver in Canada.

After working as a live-in caregiver for two years within three years of their date of entry to Canada, LCP participants may apply from within Canada to become permanent residents. Currently, over 90% of foreign nationals who enter Canada as a live-in caregiver with a work permit apply for permanent residence (PR) through this stream, and of these applicants, 98% are successful.

Following engagement with stakeholders and live-in caregivers, various aspects of the program were raised, including those that are the subject of the proposed regulatory amendments discussed in this document.

For example, some live-in caregivers have experienced difficulty in obtaining the required experience within three years due to protracted illness or other circumstances beyond their control, which could result in their ineligibility for permanent residence. Others identified that they have felt pressure to remain in unsatisfactory employment to avoid failing to meet this requirement. The Standing Committee on Citizenship and Immigration, in its May 2009 report titled Temporary Foreign Workers and Non-status Workers, recommended that the time limit to achieve the requisite work experience be extended from three to four years.

In addition, live-in caregivers and stakeholders noted that live-in caregiver’s overtime hours are not reflected in their work experience component for permanent residence.

Another issue that was raised during the recent round table and in the Standing Committee report is that of the second medical examination. Currently, live-in caregivers must undergo two medical examinations, one as part of a work permit application prior to entry to Canada as a temporary resident, and another as part of their application for permanent residence. Due to the differing assessments of temporary and permanent residency applications, or due to changes in health over time, it is possible that a live-in caregiver be admitted as a temporary resident but denied as a permanent resident. Though this situation is rare (average three cases per year), it could unduly penalize live-in caregivers who have contributed to the Canadian economy. It is expected that if this requirement remains unchanged, these sorts of cases will continue to arise from time to time.

To address these program issues, CIC has recommended a multi-instrument approach combining administrative and regulatory changes. The former could include improved information products for live-in caregivers and mandatory clauses in employment contracts that stipulate how hours of work and overtime would be compensated and documented. The proposed regulatory amendments to the LCP would facilitate the attainment of the employment requirement for permanent residence status by live-in caregivers, provide flexibility in the way the experience requirement for permanent residence is calculated, and would improve efficiencies in the medical examination process (and reduce costs for live-in caregivers) by eliminating the second medical examination.

Both administrative and regulatory changes would improve the LCP while maintaining the objective of the program to respond to labour market shortages. They would also contribute to the Immigration and Refugee Protection Act objective to protect the health and safety of Canadians. This multi-instrument approach would also complement proposed regulatory changes to the TFWP intended to improve program integrity that were pre-published in the Canada Gazette on October 10, 2009. In particular, the proposed LCP changes would complement the proposed amendments related to a more rigorous assessment of the genuineness of offers of employment. They would also build upon the pre-published TFWP regulation that would make employers ineligible to access the TFWP for two years where the employer has been found, in the past, to have provided significantly different wages, working conditions and/or occupation than those initially offered to a temporary foreign worker.

Description and rationale

1. Increase the time allowed to complete the employment requirement from three years to four years

One of the requirements to qualify for permanent residence under the LCP is completion of two years of employment as a live-in caregiver within three years of arrival in Canada.

It is proposed that live-in caregivers would have four years, rather than three years, to complete the employment requirement of the LCP.

This would respond to concerns that some live-in caregivers are not able to gain the required two years of employment within three years of arriving in Canada for reasons beyond their control such as serious illness.

This regulatory amendment would apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

2. Allow an hours-based calculation of the employment requirement based on 3 900 hours within a minimum of 22 months

Live-in caregivers are currently required to complete two years of employment to qualify for permanent residence. The calculation of the two-year period is based on the start and end dates of employment, as outlined in the employment contract and termination/resignation documents.

It is proposed that live-in caregivers would have the option of selecting the current system for calculating the work requirement, or selecting a new hours-based calculation option of 3 900 hours of employment completed in a minimum of 22 months. A maximum of 10% of their overtime hours could be counted towards that work requirement, to ensure this new option does not encourage caregivers and/or their employers to seek excessive overtime hours of work.

An hours-based calculation of the employment criterion would more accurately reflect the actual accumulated work of some live-in caregivers, including overtime hours.

This amendment will apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

3. Conduct assessment of medical examination at the work permit application stage with a long-term view and eliminate mandatory medical examination at PR application stage

Live-in caregivers are currently required to undergo two medical examinations: one at the work permit/temporary residence stage before entering Canada and one at the permanent resident application stage, after a minimum of two years of work experience in Canada. Although both examinations are similar in that they test for health conditions that would pose a risk to public health and safety in Canada or create an excessive demand on the health or social systems in Canada, the difference lies in the manner in which excessive demand costs are calculated — short-term for work permit/temporary residence applicants and long-term for permanent residence applicants.

It is proposed that all live-in caregivers no longer be required to complete a medical examination when they apply for permanent residence. Instead, the medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver would be assessed for excessive demand in anticipation of the applicant applying for permanent residence under the LCP rather than just for temporary residence. Based on the current costing thresholds used in the calculation of excessive demand, this change would mean that applicants who have a medical condition which would likely result in costs to the health or social systems in Canada of more than $5,000 per year over a five-year period (total of $25,000) would typically be deemed to be medically inadmissible due to excessive demand, at the work permit application stage.

By eliminating one of the two medical examinations and requiring that live-in caregivers, at the time of their application for a work permit, be assessed with a long-term view in anticipation of their application for PR status under the LCP, administrative processes would be streamlined and cost savings for live-in caregivers could be achieved. The examination at the work permit/temporary resident stage would continue to screen for infectious disease and the chance of contracting such a disease after arriving in Canada would be minimal.

CIC would assume a one-time cost of approximately $25,000 in order to update LCP information products concerning these changes. All live-in caregivers applying for permanent residence, a modest estimated average of 10 000 per year for the next 10 years, would save the estimated average cost of the second medical examination of $125, which would be a savings of approximately $8,000,000 over 10 years (noting that full savings won’t be reflected until 2012, as some of those live-in caregivers who arrive in Canada prior to the potential implementation of this new initiative would still need to undergo a medical examination at the permanent residence application stage).

This change would apply to live-in caregivers whose applications for a temporary work permit and related medical examination have not already been reviewed. For some live-in caregivers already medically assessed as part of their work permit application (and therefore assessed on a short-term rather than long-term basis), results of the initial medical examination may be reassessed at the time of application for permanent residence, where concerns were identified at the initial examination stage.

Consultation

In developing the proposed regulatory amendments, CIC engaged key stakeholders, including live-in caregivers, through the Minister’s round tables in Vancouver on March 29, 2009, and with the employer community on September 9, 2009. Similar round tables were also held in Toronto on April 26, 2009, and Montréal on May 25, 2009. The Department also participated in a consultation organized by the Maytree Foundation, with several stakeholder organizations, on May 29, 2009. In addition to these specific consultations, the Minister and the Department have received numerous letters, papers and other submissions recommending changes to the LCP. It was through these consultations that live-in caregivers expressed their concern with the current three-year limitation, calculation of the eligibility requirement and medical examination requirements.

Furthermore, CIC has consulted with the Ministère de l’Immigration et des Communautés culturelles (MICC), and begun to work to coordinate these potential changes with the Government of Quebec processes. Officials-level consultations with other provinces and territories are planned for late November.

Implementation, enforcement and service standards

Necessary implementation measures, including training of current staff, would be funded out of resources already allocated. An implementation Working Group, comprised of CIC officials from all branches and divisions affected by these changes, will be established to ensure that all necessary procedures, systems support and communication tools will be in place prior to implementation. Standard evaluation of the implementation and impacts of the regulatory amendments would be conducted by program departments and is expected to be completed by 2013.

Service standards relating to processing of applications for permanent residence from live-in caregivers are not anticipated to be largely affected by these regulatory changes. For example, processing times are not expected to be impacted significantly by the elimination of the second medical exam.

Contact

Maia Welbourne
Director
Temporary Resident Policy and Program Development Division
Citizenship and Immigration Canada
Jean Edmonds Tower South, 8th Floor
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Telephone: 613-957-0001
Fax: 613-954-0850
Email: Maia.Welbourne@cic.gc.ca

During a visit to India, January 18-22, 2009, the Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, and India’s Minister of Commerce and Industry, announced that Canada and India have agreed to initiate exploratory discussions towards a potential comprehensive economic partnership agreement.

Canada and India took the next step toward a comprehensive economic partnership agreement (CEPA), as the Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, and Shri Anand Sharma, India’s Minister of Commerce and Industry, today signed papers to establish a joint study group.

The signing of this memorandum of understanding was witnessed by Prime Minister Stephen Harper and India’s Prime Minister, Dr. Manmohan Singh.

“We have seen significant progress since my first visit to India in January, where we announced the initiation of discussions. India has been most supportive. The creation of this joint study group marks an important step forward in our discussions,” said Minister Day.

“A comprehensive economic partnership agreement would help expand trade, open doors for Canadian exporters, encourage economic growth and create jobs in both our countries.”

The joint study group will be comprised of officials from both Canada and India. It will look at key sectors of interest and the possible parameters of a CEPA.

The group is expected to finalize its report within six months. A CEPA with India could deliver commercial benefits to many sectors of the Canadian economy, including forest products, nickel, aircraft, electrical machinery, fish and seafood products and agricultural products.

The Government of Canada held public consultations from March to April 2009 to seek input from Canadians on developing a CEPA with India.

This is Minister Day’s third visit to India since January. In September, the Minister opened the new trade office in Ahmedabad, in the state of Gujarat. With a total of eight trade offices in India, the Government of Canada has created one of Canada’s most extensive trade networks anywhere in the world.

Canadian two-way merchandise trade with India reached an all-time high of $4.6 billion in 2008, up 22.5 percent over 2007. Merchandise exports to India in 2008 totalled $2.4 billion—an impressive 35-percent increase over the year before—and the commercial relationship between the two countries continues to grow. From January to August 2009 alone, Canada’s exports to India were up by three percent despite the effects of the global economic downturn.