The media is reporting today that Citizenship and Immigration Canada (“CIC“) is unsure over whether individuals who received Temporary Resident Permits (“TRPs”) which were issued at the requests of Members of Parliament (“MPs”) ever left Canada. I have received a copy of the results of an Access to Information and Privacy Act request which shows the breakdown of TRPs issued by MP. (I am not publishing this document on my blog, however, if you want a copy feel free to e-mail me.) The table below shows which MPs, presumably through their respective constituency offices, successfully requested TRPs since around January 2009. I have included only current sitting MPs. That I have done so means that any conclusions reached about partisanship in the granting of TRPs would be based on incomplete information. The reason that I am posting this is that it does show that MP requests for TRPs are frequently granted, and that constituents should not feel shy about approaching their MPs. The list is: Member of Parliament Riding Party Number Bob Deschert Mississauga—Erindale Conservative 22 Wayne Martson Hamilton East—Stoney Creek NDP 12 John Baird Ottawa West – Nepean Conservative 10 Jason Kenney Calgary Southeast Conservative 8 Nina Grewal Fleetwood – Port … Read More
Wave Throughs at CBSA
Canada Border Services Agency (“CBSA“) officers at land border crossings are faced with an impossible task. They have to interdict individuals who may be a public or health risk, process hundreds of thousands of foreign nationals and permanent residents who have assorted applications and immigration requirements which must be assessed, and collect taxes. CBSA Officers have to do all of this while somehow maintaining a balance between ensuring compliance with the law and ensuring that wait times at the border are not unnecessarily long. The failure to do either perfectly without disrupting the other will result in negative media scrutiny. Of all of CBSA’s roles, it is perhaps the enforcement of Canada’s customs laws that is the most difficult to manage. Memorandum R17-1-3, found in People Processing Manual Part 5: Accounting for Casual Importations: Chapter 11: Waiver Policy (the “People’ Processing Manual“), explains the conditions under which the CBSA may waive nominal assessments and accounting requirements on casual goods. In brief, casual goods imported by an individual may be released without assessment when the federal duties and GST/HST owing (as well as any provincial taxes, excluding PST) do not exceed a threshold of $3.00. The Manual contains the following useful example … Read More
Data Confirms Removals from British Columbia Up Since Conservatives Took Office
We have obtained through an Access to Information and Privacy Act request data showing the Canada Border Services Agency’s removal statistics for people in British Columbia from 2003 – 2012 (2012 is partial). I have reproduced below two pages of the data. We have also obtained a chart showing Removal Orders from British Columbia by Country of Birth by Year, which I have not published. If you wish to see it please contact me and I will send it to you by e-mail. As the chart below demonstrates, removals from British Columbia has increased under the Conservatives. Interestingly, it peaked in 2008 and 2009, before begin to decline. There is a lot of interesting information contained in the data below, including tables showing: Removal Orders by Type; Removal Orders by Refugee Claimant vs. Non Refugee Claimant; Removal Orders by Status in Canada; Removal Orders by Inadmissibility Ground; Removal Orders by Gender; and Removal Orders by Age. Please note that the Tables below are a copy of an official work by the Government of Canada which was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available. While I believe that the data … Read More
Introducing the Start-Up Business Class
On March 28, 2013, Citizenship and Immigration Canada (“CIC”) revealed the details of the Start-Up Business Class, and announced that it will begin accepting applications on April 1, 2013. The Start-Up Business Class is a new federal economic immigration program, and joins the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class, and the Federal Skilled Trades Class. The Start-Up Business Class will be open until March 31, 2018. Program Requirements A foreign national will be eligible to apply to the Start-Up Business Class if they meet all of the following requirements: The foreign national has obtained a commitment from a Designated Angel Investor Group of at least $75,000 in a “qualifying business” or two or more Designated Angel Investor Groups that together will be investing a total of at least $75,000 in a business. Alternatively, a foreign national will meet this first criteria if he/she obtains a commitment from a Designated Venture Capital Fund of at least $200,000 or two or more designated venture capital funds that together will be investing a total of at least $200,000 in the qualifying business. The foreign national has taken an English or French language test and obtained a minimum … Read More
Labour Market Opinions for Large Scale Franchisees
The document below is a Service Canada internal bulletin (the “Bulletin“). The Bulletin provides guidance to Service Canada officers regarding the processing of Labour Market Opinions from large scale franchisees seeking NOC C & D positions. It was written in 2009, and although much of the requirements contained within now apply to all employers, however, the Bulletin does provide useful information for applicants trying to fill any NOC C&D position. The Bulletin states that in addition to the normal LMO requirements for employers seeking to fill NOC C&D positions, the following requirements apply when the employer is a large scale franchisee: the advertisement must include the employers’ operating name; there must be evidence of ongoing recruitment made which include communities that face barriers to employment; employers must state the number of locations for which foreign workers are being sought; and the wage being paid. As well, employers should be prepared to provide the following information: the results of recruitment efforts (number of applicants, interviews conducted); the number of staff currently employed, as well as the hours of operations and positions occupied by existing staff; the benefits offered to existing staff; and staff turnover. Please note that the Bulletin is a copy of … Read More
Impacts of Budget 2013 on Immigration
The Government of Canada has released its budget for 2013 (“Budget 2013″). Budget 2013 contains several announcements of changes to immigration programs which the Government of Canada will introduce this year, including (my editorial comments in maroon): Providing $42-million in funding to support enhanced program capacity within the Temporary Resident program, and giving the Minister of Citizenship and Immigration Canada (the “Minister“) the ability to set fees in a timely and efficient manner. (Budget 2013 actually refers to the Minister of Citizenship and Immigration Canada as the Minister of Citizenship, Immigration and Multiculturalism. I’m not sure if this means that the Department is about to change its name or if it is a typo.) Providing $44-million in funding over two years to improve the processing of Citizenship applications, and allowing the Minister to set fees in a timely and efficient manner. (This is fantastic. Processing times have ballooned to more than four years in many cases.) Amend the Immigration and Refugee Protection Regulations to restrict the identification of non-official languages as job requirements when hiring through the Temporary Foreign Worker process. (Not sure about this.. in a global economy some positions require fluency in languages other than English or French.) Introduce processing fees for Labour Market … Read More
Understanding the Three Levels of Customs Infractions
When a person has goods (as distinguished from monetary instruments and conveyances seized at customs, the Canada Border Services Agency (“CBSA“) has established three “levels” or “degrees” of breach for the purpose of determining the penalty. These levels are described in Part 5 Chapter 2 of the Customs Enforcement Manual. Level 1 Level 1 applies to violations of lesser culpability. It will be applied where a person’s efforts to hide something from CBSA were initial and effectual. It is generally applied to offences of omission rather than commission. In the context of Non-Report and Inaccurate Information, Level 1 will be applied when: goods are not reported to CBSA or goods are reported to CBSA but inaccurate information is given concerning acquisition, entitlements, or description; the goods are not concealed; and a full disclosure of the true facts concerning the goods is made at the time of discovery. In the context of Undervaluation, Level 1 is applied when: goods are reported for a value less than their actual transaction value but no falsified documents were presented; and full disclosure is made prior to the discovery of documentary evidence. Level 2 Level 2 applies to violations where the circumstances demonstrate that the individual actively attempted to … Read More
Service Canada Regional Reference #6 – Lodge Owners
The document below is Service Canada Regional Reference Material – Reference #6 – Lodge Owners, released on November 14, 2012 (“Reference #6“). Reference #6 provides guidance to Service Canada officers regarding the processing of Labour Market Opinions for partial Owner/Operator Labour Market Opinions where the business is a hunting, fishing, or leisure lodge, camp, or resort. It recommends that officers approve applications where the employment of the partial Owner / Operator results in job creation for Canadians and permanent residents. However, where the employment of the partial Owner / Operator does not result in job creation for Canadians and permanent residents, it recommends refusal. Please note that Reference #6 is a copy of an official work by the Government of Canada which was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available. While I believe that Regional Reference #6 is still current, I cannot be assured of this. The reproduction of this document has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.
CBSA Arresting People without a Warrant
On March 15, 2013, the Canada Border Services Agency (“CBSA“) conducted a raid on a construction site in Vancouver. Much of the media attention has focused on the fact that a reality television crew apparently followed the CBSA officers onto the premise. Many have also commented on how surprised they were that the CBSA apparently arrested many foreign nationals without warrants, and wondered whether this was legal. It is. Section 55(2) of the Immigration and Refugee Protection Act (the “Act“) states that: An officer may, without a warrant, arrest and detain a foreign national, other than a protected person, (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or (b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act. A foreign national in Canada may be inadmissible for numerous reasons, including if they have remained in Canada beyond the period authorized by their visa, or if they have worked without … Read More
CIC Operational Bulletin 503 – Volunteering on a Farm
Citizenship and Immigration Canada (“CIC“) has released Operational Bulletin 503 – Clarification of Volunteering in Relation to Farm Work (“OB-503“). The Temporary Foreign Worker Manual provides that if a tourist wishes to stay on a family farm and work part time just for room and board for a short period then this is not considered work, and a work permit is not required. Work on a farm that is expected to last beyond four weeks, however, requires a work permit. OB-503 elaborates on this. It specifies that the volunteering on the farm must be incidental to the reason the individual seeks to enter Canada. Farm work cannot be the main reason for entering Canada. An individual must have other plans for the majority of their time in Canada (such as tourism, visiting family, visiting friends, etc.) It also specifies that if the foreign national seeks to volunteer at a commercial farm, than a work permit is required. A commercial farm is a commercial venture undertaken with the expectation of profit. A non-commercial farm generally means a farm where the farm family provides much of the capital and labour for the farm, and where the production of agricultural products is to provide for … Read More