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Citizenship and Immigration committee  Again, that's not part of the bill. The bill is facilitative, and it doesn't compel the provinces to introduce such a measure. It wouldn't be appropriate for me to speculate about the future actions of the government in terms of whether it would encourage provinces to move in a certain direction or not.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  I could start and my colleague can follow up. I think for low-income individuals there is a range of supports through the tax system federally or provincially—low-income tax credits, GST rebates—a large range of benefits that would apply to all Canadians. It would be variable in terms of the benefits that are available to foreign nationals.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  The answer to that one is no, Canada's commitments under the 1951 convention.... Our analysis is that nothing in this detracts from that. That relates to our commitments in respect of protected persons, and nothing in this bill affects the benefits that are provided or could be provided to protected persons.

November 17th, 2014Committee meeting

Matt de Vlieger

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  I haven't seen those particular rationales put forward. From our point of view, the act and the bill remove a condition or a part of a condition that would apply a penalty. So it's facilitative to provinces. It gives them the flexibility in their own jurisdiction to set residency requirements if they choose to do so.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Yes, that could happen because it's facilitative. One province might choose to do it; many others might not, or several would. For claimants who chose to go to a province that doesn't have one, obviously they would have access to the benefits.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  No. The provision in the Immigration and Refugee Protection Act that we were referring to applies to temporary residents, international students, and visitors.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Again, this is a facilitative amendment. If a province or territory so chose to, it could introduce a minimum residency requirement. The government has carved out protected persons— those with a founded refugee claim as well as victims—

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Well, under the design, if a province imposes such a residency requirement—

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  You're right in citing the 1951 convention. Canada is doing nothing through these measures to detract from the international obligations to provide services to protected persons.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Right, so they are claimants until they are determined to be—

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Yes, I can answer the question about the international convention. The convention requires that Canada offer protection to protected persons, and nothing in this detracts from that. In terms of charter compliance, certainly that would be a zone for legal advice. If a provincial government were to bring forward such a measure, they'd want to seek legal advice in terms of that measure.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  Yes, they would be exempt. They are in the category of protected persons.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  That's a good point. You're right that those classes of individuals—temporary foreign workers, international students, and visitors—in order to receive a visa, would have to satisfy a visa officer that they are able to sustain themselves and their dependants. That's part of the visa application process and it's required in the Immigration and Refugee Protection Act, section 29.

November 17th, 2014Committee meeting

Matt de Vlieger

Citizenship and Immigration committee  That's right. As part of the visa process they make an undertaking that they are able to—

November 17th, 2014Committee meeting

Matt de Vlieger