Citizenship and Immigration Committee on May 12th, 2008

[Stephen Green]

I would say that under this, people who are applying for refugee status from outside Canada are specifically excluded from this. And it appears, because this legislation keeps referring to applying for a visa, that refugees inside Canada who are accepted are not applying for visas. So it appears that it does not affect refugees.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So we're agreed, in your opinion, as a lawyer, that this legislation does not apply to protected people, to refugees, applying from inside or outside Canada.

[Stephen Green]

Yes, it would appear to be that way.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Does it apply to temporary foreign workers?

[Stephen Green]

Yes, absolutely.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Which section and specific reference are you referring to?

[Stephen Green]

Proposed paragraph 87(3)(1) refers to subsection 22(1) of the act, and subsection 22(1) refers to the temporary worker movement. It absolutely refers to temporary workers.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

What does it allow to be done with respect to the temporary foreign workers themselves?

[Stephen Green]

If an instrument is issued, the minister can do as he or she pleases.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

In terms of ticking in every application, as I had referenced earlier, it simply means that you have more applications if you don't somehow prioritize them. I thought I heard you say that you liked the idea of the Canadian experience class. You liked the idea of the provincial nominee program and other like programs that put certain people to the front of the class, so to speak.

First, by putting certain of them to the front, if that's all you did, are you not then allowing the backlog to continue to grow with those people who aren't in the front?

[Stephen Green]

You'd have to figure out a way to reduce the picking up of this larger backlog, but it's certainly a very good idea that is implemented now through plucking. I think it meets the objectives of the act, which talks about satisfying economic means and the family class, because the family class is expedited as well.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

In effect, prioritizing skilled workers to come to the front of the line, if Bill C-50 does that, would be in agreement with that objective.

[Stephen Green]

The problem is that we have no idea how that process is going to select those who should go to the front of the line.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Let me ask you, with respect to the Canadian experience class in the provincial nominee program, if that occurred by regulation, legislation, or policy.

[Stephen Green]

The Canadian experience class has had extensive consultation across the whole country, and it is my understanding that it will be coming through regulation. We haven't seen it yet.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Okay, and what about the provincial nominee?

[Stephen Green]

The provincial nominee is part of the agreement that's been in here. The government negotiates with the province and the feds. There's tremendous negotiation that goes on.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

The negotiation goes on between the provinces and the federal government, but it doesn't happen through legislation or regulation. Is that what you're saying?

[Stephen Green]

It happens as a result of IRPA permitting the federal government to enter into agreements with the provinces. That was debated already, and it was determined to be the best mechanism to permit that.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

The Canadian experience class is another aspect of policy shaping or taking form with respect to a program that brings people to the front of the line.

[Stephen Green]

It's not policy; it will be law. It will provide priority to people who have been educated here, who have paid their own way, yes.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So like the negotiations taking place under the provincial nominee program, the instructions, if permitted by legislation, could do a similar kind of thing by bringing skilled workers or less-skilled workers, if you like, to the front of the line.

[Stephen Green]

There's no debate on what these instructions will be, unlike the provincial nominee programs, on which there was great debate. There's the Canada-Quebec accord. There are all kinds of accords that have occurred.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

There's nothing preventing debate before instruction takes place. In fact, from what I can see, the minister has indicated that there will be consultation with provinces. There will be consultation with stakeholders. There will be wide consultation before instruction is issued.

[Stephen Green]

Then I would say to put it in section 5 to make it law.