Bill C-17 (Historical)

An Act to amend the Immigration and Refugee Protection Act

This enactment amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.

[Les Linklater]

Yes, a lot of the authorities around monitoring and compliance can be done through regulation. One missing piece that Bill C-17 does move to fill is the whole issue of negative discretion based on the individual circumstances. So even though the employer may have a legitimate job to offer in Canada, if in fact there is evidence that the person in their individual circumstances could be abused, or is at risk of exploitation, we would be able to refuse the work permit for their protection.

[Les Linklater]

We're looking at unscrupulous recruiters. Certainly the western provinces, Alberta in particular, have legislation on the books that prohibits recruiters from charging fees to the workers they recruit. As part of our broader work on temporary foreign worker reform, as I mentioned in my opening remarks, we're looking at ways, with HRSDC, Service Canada, and the Canadian Border Services Agency, to work with the provinces to ensure that we're working with recruiters who are above board.

One of the issues we find with recruiters is that we learn about their presence only if the applicants themselves tell us or have a complaint to make about them, and if they're receiving a benefit it's unlikely they are going to come forward with any complaint about a recruiter.

We feel that with Bill C-17 as part of our tool kit we would be able to limit the exposure and, as part of the assessment of the overall application, tell the individual that we think, given the evidence that we have linking the particular occupation or the situation the person is destined to, that with the person's individual characteristics, he or she might be at risk of abuse.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

So we have no figures of how many people Bill C-17 would actually affect, besides the exotic dancers.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

But this Bill C-17 will in fact be an administrative bill that will look after the 113,000 temporary work permits that were issued last year. This bill would affect them, would be administrative.

[Les Linklater, Director General, Immigration Branch, Department of Citizenship and Immigration]

Thank you, Mr. Chair.

My name is Les Linklater and I'm the Director General of the Immigration Branch of Citizenship and Immigration Canada. I would like to thank the committee for inviting me to speak to you today on Bill C-17, An Act to amend the Immigration and Refugee Protection Act, the IRPA.

When the Minister of Citizenship and Immigration appeared before the committee in November, you heard about the government's commitment to improve its immigration programming, including numerous improvements to the Temporary Foreign Worker Program.

But any improvements in efficiency must be accompanied by better controls and protection for vulnerable workers in order to encourage the legal movement of Temporary Foreign Workers into Canada.

The Immigration and Refugee Protection Act and its regulations allow officers to refuse work permits based on concerns such as prior criminal convictions or medical conditions. Bill C-17 would go further. It would allow officers to prevent prospective temporary foreign workers from entering Canada when doing so would subject them to the risk of exploitation and abuse.

It is well known that Canada has always extended the same protections to temporary foreign workers that Canadians are afforded. Unfortunately, as the committee knows, temporary foreign workers who have weak official language skills, an absence of friends or family in Canada, and little money, perhaps, given a fear of police and/or government, sometimes need more protection than Canadian workers need. Their lack of support networks in Canada leaves them vulnerable to unscrupulous employers or job brokers. Bill C-17 is one of a series of steps the government is taking to reduce this risk of exploitation.

Bill C-17 begins by seeking to change the objectives set out in paragraph 3(1)(h) of IRPA from protecting the health and safety of Canadians to protecting public health and safety of any person who is in Canada legally, including temporary entrants. The government's obligation to protect health and safety should embrace any person who is in Canada legally, whether they are a Canadian citizen, a permanent resident, or a temporary resident.

Bill C-17 then goes on to provide that, on instructions issued by the minister, immigration officers would be allowed to refuse work permits to foreign nationals who otherwise qualify but who officers believe would be at risk of humiliating or degrading treatment, including sexual exploitation, once they are admitted to Canada.

You will note the emphasis on “officers”, Mr. Chair, because under the legislation, applicants cannot be refused work permits based on ministerial instructions without the concurrence of two immigration officers. This provision reduces the likelihood of an instruction being applied inappropriately or incorrectly.

It is important to note that the legislation itself does not provide any instructions. It merely establishes the authority for the minister to issue instructions. Such instructions will only be issued where there is objective evidence that concerns for the safety of some temporary foreign worker applicants are serious and well-founded. This may cover exotic dancers as well as other potential victims of human trafficking or other abuse or exploitation, but the research and analysis to support any such instructions has not yet been completed.

Each decision involving any future instructions would be made by immigration officers on a case-by-case basis. Each application for a work permit would be assessed on its own merits.

Instructions must be published in the Canada Gazette to become effective. Being the federal government's publication of record, the Canada Gazette is regularly reviewed by the media, the immigration bar, and any other interested parties.

Furthermore, any instructions issued during each year must be reported in the Minister's Annual Report to Parliament. This degree of transparency is essential, given the discretionary nature of the authority.

Mr. Chair, the committee knows this discretionary authority is similar to powers found in the laws of Australia and the United Kingdom. It is also similar to a provision that currently exists within IRPA that allows the minister to exercise positive discretion, that is, to waive inadmissibility based on public policy considerations.

Bill C-17 is one of many steps CIC is taking along with our colleagues at Human Resources and Social Development Canada/Service Canada to make the temporary foreign worker program better for employers and better for foreign and Canadian workers.

Following a series of administrative measures announced since November 2006, including improved employer outreach and streamlined processes, Budget 2007 provided new funding for CIC and HRSDC to deal with increased volumes more efficiently, to fill gaps in current programming, and to establish a more effective monitoring and compliance framework for the temporary foreign worker program.

We are aware of the need to improve the program to ensure employers are meeting their commitments to workers, and that workers have the tools to raise awareness of their rights and responsibilities.

Provinces and territories, which are largely responsible for monitoring of employment standards and occupational health and safety, are also actively engaging on this file.

The recently signed Canada-Alberta and Canada-Nova Scotia agreements on immigration contain provisions to negotiate an annex on temporary foreign workers in the coming months, including recognition of the need to protect the interests of workers.

We are also working to help temporary foreign workers in Ontario by making workers aware of eligibility requirements for health insurance, benefits, pension plans, and other protections under the Occupational Health and Safety Act, the Employment Standards Act, and the Labour Relations Act. Along with Bill C-17, these and other measures will help to maintain the integrity of Canada's immigration program.

Citizenship and Immigration will continue to address the issue of protecting vulnerable workers temporarily in Canada in coordination with many other federal departments that aim to address these challenges.

Thank you, Mr. Chair.

I welcome your questions.

[The Chair, Conservative, Norman Doyle]

So, Mr. St-Cyr, you have big shoes to fill.

I want to welcome two panels today.

Our first panel will be officials from the Department of Citizenship and Immigration, Mr. Les Linklater, director general of the immigration branch; Maia Welbourne, director of temporary resident policy and programs development, immigration branch; and Mr. Eric Stevens.

Welcome to all of you as we begin consideration of Bill C-17. Thank you for coming today.

We have a new analyst at the table as well; Laura Barnett is from the law and government division. Laura will be helping us with our consideration of Bill C-17.

We will begin immediately.

I will pass it over to you to make some opening statements if you so wish.

[The Chair, Conservative, Norman Doyle]

Our meeting will come to order.

I want to welcome all of you here to our committee today as we begin consideration of Bill C-17, An Act to amend the Immigration and Refugee Protection Act.

I want to welcome a new member from the Bloc party, Mr. St.-Cyr, who is taking the place of Madame Faille. Welcome.

I think we should instruct our clerk to write a letter of thanks to Madame Faille for the great contribution she's made to the committee over the years. She has been an invaluable member of the committee, so I think we should do that.

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Thank you.

First of all, I would like to thank the committee for all the work it has done on the lost Canadians issue. We have been following your deliberations very closely, and we are factoring that into the legislation we'll be proposing. I'm hoping we'll be able to move that through pretty quickly. Obviously, I'm interested because Bill C-17 is already coming before this committee, and having that one go through, we can get that protection to people who don't have it now even sooner.

In terms of the worker shortages across the country, you're absolutely right on that one. I hear it wherever I go. We have an aging population, a dwindling birth rate, people who are retiring earlier and expecting to retire even earlier, and it's creating worker shortages right from the PhD level. We're short of PhDs in research. We're short of almost every position, right down to dishwashers. It's a challenge to meet our labour market needs, no question. That's why we've done so many things to try to expand the temporary foreign worker program. We've worked with the provinces as well to expand the provincial nominee programs, because each region has unique needs and we didn't want to impose national program criteria on them.

We've been working with them so they can individually reflect their own needs, and we're really pleased to see the progress many of them have made in advancing the PNP. As I mentioned, Manitoba has been a real leader in this field. Nova Scotia is jumping on board. Alberta is going full-steam ahead, and of course we've opened new TFW offices in B.C. and Alberta to help them meet their temporary foreign worker needs.

One of the challenges with granting some sort of recognition program to those workers who are in the country right now who are undocumented...it's twofold. I'm very sympathetic to the uncertainty they face. But one of my great concerns, of course, is that if we recognize these individuals and grant them permission to stay here right out of the chute, then it's a question of fairness to people who have been waiting for a very long time to come here through legal channels. My concern is if we were to put forward that position, we would be encouraging more and more illegal entrants. That's not something we want to do. That would not help preserve the integrity of our immigration system.

I would point out, too, that a previous Liberal immigration minister took much the same position as I'm taking. I have a quote:

...the granting of a blanket amnesty to undocumented foreign workers would send the message that there is a reward for those who remain in Canada without the proper authorization.

This is something I'm very concerned about, protecting the integrity of our immigration system.

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Thank you very much, Mr. Chair.

Thank you, honourable members, for allowing me the opportunity to be back here before you.

As you know, you have before you my department's supplementary estimates (A) for the current fiscal year for your consideration and approval. I'm looking forward to your feedback, and I'd be happy to respond to any questions you have after I make my opening statement.

Mr. Chair, most of the items in the estimates are routine in nature. I would, however, like to draw your attention to two items in the estimates, which reflect fundamental changes we are making to our immigration program in order to make it more responsive to the needs of the Canadian labour market.

First, I wish to note spending of almost $4.6 million for our Temporary Foreign Worker program, an increase of 10%. As you know, the program allows employers to hire temporary foreign workers when there are no Canadian citizens or permanent residents available for the positions needed.

And as you are also no doubt aware, Canada is facing a crucial need for more skilled workers in different regions of the country.

We continue to respond to that need. Last year we took in over 112,000 temporary foreign workers; two years ago that number was just over 99,000. This reflects substantial growth in this program.

As we bring in more temporary foreign workers, we also need to ensure they are protected in the same way all Canadian workers are. We must ensure employers comply with the terms of the contracts they enter into with workers from abroad, honour these contracts, and treat temporary foreign workers fairly, the same way all other Canadian workers are treated. Additionally, we must work with the provinces to ensure labour standards are met.

While a number of facilitative measures have been taken by Human Resources and Social Development and CIC, additional work does remain. This includes the introduction of more robust monitoring and compliance provisions to ensure the temporary foreign worker program continues to help meet the needs of the economy while taking measures to prevent abuse and exploitation of immigrants to Canada.

To better ensure worker protection, Budget 2007 allocated $51 million for improvements to the program. My colleague, the Minister of Human Resources and Social Development, and I will be bringing forward regulatory proposals in 2008 to enable implementation of these proposals.

Mr. Chair, the other item to which I would draw your attention is the $2.3 million allocated to support our foreign credentials referrals office, or FCRO, that I launched in May this year.

Let me be very clear: our government wants newcomers and their families to succeed in Canada. And newcomers want to contribute to our country by working in the fields for which they have been trained. We want to help them do that. But as all of us know, it is all too common for individuals to come to Canada and find either that their professional credentials from other countries are not recognized here or that the process to have them assessed is slow and complicated.

While provinces have jurisdiction over regulating professions, the federal government has a responsibility to give newcomers the information and references they need to find how their professional credentials could be assessed and recognized, what upgrades they might need to meet Canadian standards, and what jobs might be available in various fields. We know that there is a real need to provide this information to newcomers. And in many cases, if we provide information to prospective immigrants abroad, they can take steps to get accredited before they come to Canada so that when they arrive, they can contribute more quickly by working in their chosen field.

As I said, I launched the program in May with six Service Canada centres offering foreign credential referral services in person. By the end of this month, there will be over 300 Service Canada centres across the country offering this service in person, as well as via telephone and on the Internet. Since its launch, the credentials.gc.ca website has had over 120,000 hits, two-thirds of which were from outside the country. The dedicated phone line has received over 900 calls, of which half were for information and half for referrals to assessment bodies. In addition, overseas sections have served more than 1,200 prospective immigrants already.

In addition to providing these services, the FCRO is also working with federal partners, provincial and territorial governments, employers, and other stakeholders to work together on this important issue.

As well as reaching prospective immigrants through our website, FCRO is also working overseas through pilot programs in China, India, and the Philippines to help skilled workers in these countries prepare to work in Canada while they're still overseas.

In fact, I traveled to India just a couple of weeks ago, where I had a chance to visit these pilot orientation sessions, delivered through a contribution agreement to the Association of Canadian Community Colleges. I also met key people in the business and education communities and told them about our programs so that they might encourage talented people to come to Canada. This chance to see our programs gave me a valuable personal insight, both into the programs we support and the dedication of our people overseas.

Mr. Chair, there are two items in the estimates that highlight efforts to make our programs more responsive to the labour market. This was a goal we articulated in Advantage Canada, the government's economic plan.

Toward it, one of the significant initiatives that we launched this year is the Canadian experience class. First announced in the last federal budget, this new immigration stream will allow certain temporary foreign workers and students graduating from Canadian universities to apply for permanent resident status without having to leave the country. Previously, students and temporary workers had to go back to their home country to apply.

This, we believe, will help us tap into a pool of talented people who've already demonstrated that they can succeed in our economy and in our society. It will also help us retain those students already studying here; it will help temporary foreign workers benefit from the Canadian work experience they are busy building and enable employers to recruit talented newcomers.

The good news is it's a two-way street. We believe the prospect of eventual Canadian citizenship gives us a marketing advantage as our schools and our employers look to recruit the best and the brightest from around the world.

This program will let us keep good people, not just in our major urban centres, where many newcomers head, but in rural areas as well.

If they have studied in a rural area or worked there temporarily, they may be more likely to remain there. We want to ensure that the entire country benefits from immigration. We want to get the right people in the right place at the right time. The Canada Experience Class will help us do that.

At the same time, we will ensure the smooth operation of the Provincial Nominee Program, which has grown substantially. The program allows the provinces to identify the people they need, and we help to get them here quickly.

Manitoba has been a leading participant in this area, welcoming close to 5,000 people last year--almost double the number of a year earlier--and other provinces are catching on as well. For example, we recently signed new framework agreements with Alberta and Nova Scotia that include provincial nominee annexes, while the Province of Newfoundland and Labrador has just renewed a prior agreement.

Mr. Chair, we are also putting substantial effort into helping people succeed once they arrive here. The government's commitment of $1.3 billion for settlement funding across the country represents a significant increase in this important area. Working closely with the provinces and service providers, we are helping newcomers find jobs and integrate into communities and schools.

Mr. Chair, I'm sorry, I just don't have time to go over all the recent and upcoming initiatives in my department, but I trust that members have reviewed the annual report tabled in Parliament on October 31. This demonstrates that we will continue to play an important humanitarian role in accepting refugees and in reuniting families.

Committee members are aware of our specific commitments to resettle several thousand Karen, Bhutanese and Iraqi refugees. For Canadians looking to sponsor a relative from Iraq, we are processing those applications on a priority basis.

Beyond this, I have also initiated measures to assist the population of ethnic Vietnamese in the Philippines to apply for admission on humanitarian and compassionate grounds. This group, which has been a focus of attention for this committee, has welcomed the initiative.

Before concluding, Mr. Chair, I'd like to touch on a couple of pieces of legislation that I look forward to working on with this committee in the months ahead.

Bill C-17 addresses an important gap that currently exists in the Immigration and Refugee Protection Act. The proposed amendments in this bill would give me, as the minister, the authority to instruct immigration officers to deny work permits to individuals who might be at risk of exploitation or abuse should they enter Canada. Without this authority, our immigration officers are not able to deny a work permit to someone meeting all the requirements to enter the country even if they believe there is a strong possibility of that individual's exploitation or abuse.

As the honourable members know, temporary foreign workers--some with weak language skills, with no family or friends in Canada, and often with very little money--sometimes need more protection than Canadian workers. Some of these individuals could be at risk of degrading treatment, such as sexual exploitation.

The amendments we are proposing would make Canada a safer place by helping us stop human trafficking at our borders. I therefore urge all honourable members to stand with key stakeholder groups such as the Salvation Army, the Stop the Trafficking Coalition, and The Future Group and support this important legislation.

The other piece of legislation on which I look forward to working with you concerns citizenship. The issue of “Lost Canadians" preoccupied this committee, and me, in the last session. I promised to bring forward legislation to address it. In the interim, I have used my discretionary powers to grant citizenship to some of those affected in this manner. We will clarify the rules governing the loss of citizenship and work to make them fairer. And we will do so in a way that protects the value of Canadian citizenship.

I look forward to tabling this draft legislation in the near future.

We have celebrated the 60th anniversary of the Citizenship Act over the past year, and I've had the tremendous opportunity to attend many citizenship ceremonies. I have to tell you, seeing citizenship through the eyes of newcomers who have just become Canadians certainly underscores the enormous privilege it is to be a Canadian citizen.

To conclude, the values we cherish as Canadians—freedom, peace, and respect—help make up the foundation of Canadian citizenship and immigration. I welcome the opportunity to work with the members of this committee to put these values into practice and to highlight Canada as a country that welcomes newcomers from wherever they come.

As the Prime Minister noted of the welcoming nature of Canadians:

East and West, North and South, French and English, immigrant and Native-born, we are all proud champions of these founding values—of the Canadian way.

Thank you for your time. I am now prepared to take questions.

Thank you for your time. I will now be prepared to answer your questions.

Human Trafficking

[Ed Komarnicki, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, our government is taking real action to address human trafficking and to prevent the exploitation of women and children.

We have taken several initiatives, including a series of changes to the immigration guidelines that would address the unique needs of victims of human trafficking.

Yesterday, we reintroduced Bill C-17, legislation to help prevent the exploitation and abuse of foreign nationals seeking to work in Canada.

I would urge all members of the House to put aside their partisan ways, to do the right thing, get behind Bill C-17 and support it.

Immigration and Refugee Protection Act

[Gary Lunn, Conservative, Saanich—Gulf Islands, BC]

moved for leave to introduce Bill C-17, An Act to amend the Immigration and Refugee Protection Act.

Mr. Speaker, pursuant to a special order made previously, I would like to inform the House that this bill is in the same form as Bill C-57 was at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)