A few weeks ago we received through an Access to Information Act request several copies of internal policy guidance. I’ve reproduced what I found to be the most surprising one below. The fact that employers are needing to recruit foreign workers because the permanent residents and/or Canadian citizens who are applying don’t speak either English or French is rather troubling, to say the least.
Bill C-690: The Live-in Caregiver Access, Respect and Employment Act
On June 11, 2015, John McCallum, the Member of Parliament for Markham — Unionville, and a member of the Liberal caucus, introduced Bill C-690, An Act to amend the Immigration and Refugee Protection Act (live-in caregiver). Its short form is the Live-in Caregiver Access, Respect and Employment Act. Considering how close Mr. McCallum introduced Bill C-690 prior to the upcoming federal election, Bill C-690’s provisions will presumably form part of the Liberal Party of Canada‘s election platform. Bill C-690 is short, and its substantive portion would introduce a new s. 32(d.11) into the Immigration and Refugee Protection Act (“IRPA”) so that s. 32 of IRPA would read: Regulations 32. The regulations may provide for any matter relating to the application of sections 27 to 31, may define, for the purposes of this Act, the terms used in those sections, and may include provisions respecting (d) the conditions that must or may be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals, including conditions respecting work or study; (d.1) the conditions that must or may be imposed, individually or by class, on individuals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be … Read More
Revocation and Statelessness after Budlakoti
Some of the more controversial sections of Bill C-24, The Strengthening Canadian Citizenship Act (“Bill C-24”), are its revocation provisions. Bill C-24 will create a new s. 10(2) of the Citizenship Act which will state that: Revocation by Minister — convictions relating to national security (2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,(a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section; (b) was convicted of a terrorism offence as defined in section 2 of the Criminal Code — or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section — and sentenced to at least five years of imprisonment; (c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously; (d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life; (e) was convicted of an offence under section 130 of the National Defence Act in respect of … Read More
Bill S-7 – The Zero Tolerance for barbaric Cultural Practices Act
On November 5, 2014, the Leader of the Government in the Senate introduced Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, otherwise known as the Zero Tolerance for Barbaric Cultural Practices Act (“Bill S-7“). Bill S-7 has mainly received media attention because of its arguably inflammatory title. The actual significant impacts for prospective immigrants and practitioners are: Current Proposed Practising polygamy does not result in a foreign national or permanent resident being inadmissible to Canada. A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national. Marriage requires the free and enlightened consent of two persons to be the spouse of each other. No person who is under the age of 16 years may contract marriage. There will be a new offence that everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against … Read More
New LMIA Exemption – Repair Personnel
On May 21, 2015, Citizenship and Immigration Canada (“CIC”) introduced a new Labour Market Impact Assessment (“LMIA”) exemption for individuals who are coming to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement. The LMIA exemption code is C13.
Bill C-60, The Removal of Serious Foreign Criminals Act
On May 13, 2015, the Minister of Public Safety and Emergency Preparedness introduced Bill C-60, An Act to amend the Criminal Records Act, the Corrections and Conditional Release Act, the Immigration and Refugee Protection Act and the International Transfer of Offenders Act, also known as the Removal of Serious Foreign Criminals Act (“Bill C-60Removal of Serious Foreign Criminals Act”). Bill C-60 will: Make it easier and faster to remove certain foreign nationals and permanent residents who are inadmissible to Canada for serious criminality. Make all foreign nationals and certain permanent residents ineligible for a record suspension. Allow the Correctional Service of Canada to inform registered victims of crime of the date and destination of criminals released from immigration detention; and Make it easier for Canada to transfer criminals without their consent to serve their sentence in their home country. A more detailed breakdown of the provisions is as follows:
Consequences of Recent Changes to Live-in Caregiver Program
The following article appeared in the January edition of The Canadian Immigrant. At the end of the article I have reproduced two Access to Information Act which confirm the great reduction in the program.
Government of Canada Commits to Initiating Removal Against 875 Refugees Per Year
The following is an article that I wrote for the May edition of The Canadian Immigrant. ————————————————- In January 2014, the Canada Border Services Agency (CBSA) released Operational Bulletin: PRG-2013-59, which states that the CBSA has committed to referring a minimum of 875 refugee vacation or cessation cases per year to the Refugee Protection Division (RPD). News of this bulletin, and the apparent resolve of CBSA to reach its quota, puts many in the refugee community at risk. It is important that all refugees who became permanent residents, and refugees who are not yet permanent residents, understand its implications. Vacating versus cessation The “vacating” of refugee status occurs when the RPD determines that a refugee claim was successful as a result of the claimant misrepresenting or withholding material facts. A person whose refugee status is vacated loses both their permanent resident status and their protected person status. In contrast to vacating, “cessation” of a refugee’s status can occur without fraud, which is why it has attracted criticism. The RPD may determine that a person’s refugee status has ceased if: the person has voluntarily re-availed himself or herself of the protection of their country of nationality the person has voluntarily reacquired … Read More
Several LMIA Changes Taking Effect April 30, 2015
The Ministry of Employment and Social Development (“ESDC”) has announced that there will be several changes to the Temporary Foreign Worker Program (“TFWP”) that will take effect on April 30, 2015. The changes are: Implementation of new High and Low-wage Streams Updating the Provincial / Territorial Median Hourly Wages Increasing Worker Protections Modifying the Method for Calculating the Cap on Low Wage Positions Implementing the Labour Market Impact Assessment (“LMIA”) system fully in Quebec Updating Regions of Refusal to Process
Where the Conservative Party of Canada Stands on Immigration (2011 and 2015)
On October 19, 2015, Canada will have a federal election. There are three political parties that may form government. One of them is the Conservative Party of Canada. The Conservative Party of Canada has made the following election promises regarding immigration: Continue to make the immigration system faster, flexible, and more responsive to the needs of Canada’s economy. Continue to be a world leader in refugee protection. Increase the intake of applications for the parents and grandparents sponsorship program, as the backlog and processing times continue to decrease. Provide increased funding to Citizenship and Immigration Canada to clear the citizenship backlog over a two-year period. Comments I previously wrote in Policy Options on how the Conservative Party of Canada completely overhauled Canada’s immigration system. Looking at their 2015 platform, I guess they’re done. Below you can find their 2011 commitments, for comparison’s sake.