Finance Committee on April 28th, 2008

[Andrea Lyon]

It's difficult to say in terms of the instruction process. Clearly, our objective is to finalize the instructions as quickly as possible, ideally by early fall, so that we can begin that process.

That's sort of a rough timeframe, but we do still need to map out exactly what the consultation process will look like and what sorts of steps that will involve.

[Mike Wallace, Conservative, Burlington, ON]

Since I have you here and we're not on the citizenship and immigration committee, I thought I'd ask you another question in your field.

We launched the Foreign Credentials Referral Office. Could you give us an update, a progress report--it hasn't even been quite a year yet since this was launched--on how that's developing and where you see that headed?

[Andrea Lyon]

Sure. The minister in fact just spoke at a conference on the issue last week in Calgary. You're quite right, the program has been in effect just shy of a year. We've now set out 320 points of service across Canada to provide information with respect to labour market conditions in Canada and information in order to connect prospective immigrants with professional associations in Canada that will allow them to become aware of what the rules and procedures are so that they can start the process before they actually come to Canada.

We've also set up a pilot project involving some of our high-volume missions, such as Manila and Delhi, to give advice abroad so that again people can access this information. There's a 1-800 number; there's a call number. We have a website that receives an awful lot of hits that gives that kind of general information as well.

[Mike Wallace, Conservative, Burlington, ON]

So the process has started?

[Andrea Lyon]

Yes.

[Mike Wallace, Conservative, Burlington, ON]

Thank you.

[The Chair, Conservative, Rob Merrifield]

Thank you very much.

We'll move now to Monsieur Mulcair.

You have five minutes.

[Thomas Mulcair, NDP, Outremont, QC]

Thank you, Mr. Chairman.

First of all, I want to say that our colleague, Mr. Paré, the clerk, distributed a document that simply proposes—somewhat along the same lines as what was contained in our motions last week—that the committee meet jointly at the first opportunity with the Standing Committee on Citizenship and Immigration.

I apologize, there was a typo in the French version. The English version is complete. Since this motion deals with today's topic, I do not need to give 48 hours' notice. I am seeking the unanimous consent of our committee to meet jointly with the Standing Committee on Citizenship and Immigration. The two chairs would rotate. In addition, it would be scheduled immediately following the adoption of this motion. That is what I am proposing. We hope to have the cooperation of all colleagues in this matter.

[The Chair, Conservative, Rob Merrifield]

This is business that we can perhaps deal with, but I think we're still in the question and answer period.

Let's ask the questions. If not, we'll have time at the end of the meeting to deal with that.

[Thomas Mulcair, NDP, Outremont, QC]

Very well. I will very briefly ask a question of the two witnesses who are here with us today, and I thank them for coming.

Earlier, the minister talked about categories of people. You know as well as I do that the regulation of professions is an area of exclusive provincial jurisdiction. Let's look at the example of a doctor who was trained in the former Soviet Union and who, in all likelihood, meets all of the criteria, except having done an internship in a hospital.

How will this bill change anything for this doctor? Personally, I don't see how it will.

[Andrea Lyon]

It's quite clear that the issue we were just talking about for foreign credential recognition is going to be an important consideration as we proceed to develop our instructions. It is for that reason that we are going to need to discuss very closely with the provinces what they view as priority occupations.

The issue of foreign credential recognition falls, as you know, under provincial jurisdiction, so we need to work with them to ensure that those priority occupations that we identify...that those people who fall within that category can actually practise medicine or practise law once they come to Canada. So we recognize that this is going to be an important component of our consideration.

[Thomas Mulcair, NDP, Outremont, QC]

Thank you for your very complete answer. If I understand correctly, you are saying that not a single penny will go to recognizing foreign diplomas or training. It will therefore be up to the provinces to take on that additional responsibility.

[Andrea Lyon]

We haven't quite sorted out precisely how we're going to proceed on the consultation process. We have talked to them about the foreign credential recognition issue. We have said that this process is going to need to proceed hand-in-glove. The minister referred to this in her remarks last week in Calgary as well. So once the formal consultative process is fully engaged, I suspect we will want to talk to the provinces about that issue, and vice versa.

[The Chair, Conservative, Rob Merrifield]

Ms. Chow.

[Olivia Chow, NDP, Trinity—Spadina, ON]

I see there are ads being put out by your department that don't really tell the whole truth. They say the information will be published, etc., but they don't say that the Charter of Rights wouldn't really impact on cases that are outside Canada. The backlog really doesn't have a lot to do with the student visa work permits. There's no backlog there, so why change the “shall” to “may” and deny them the right to a visa, even if the applicants meet all criteria? What does that have to do with the backlog?

[Andrea Lyon]

Thanks for the question. I think those are two areas where there has been a lot of discussion in particular. I'll start with the charter issue in the first instance.

The charter does apply to everything we do as officials. The charter binds Government of Canada officials in the execution of all government policy, be it in Canada or abroad. That is likewise specified in section 3 of the Immigration and Refugee Protection Act. So we are bound by the charter.

With respect to your second point on the “shall” versus “may” issue, that provision in the bill means that we, the government, are no longer required to process each and every application. It is that requirement--

[Olivia Chow, NDP, Trinity—Spadina, ON]

Does that include student visas and workers' permits?

[Andrea Lyon]

No, that's only on the permanent residency side. It doesn't apply on the temporary side.

[Olivia Chow, NDP, Trinity—Spadina, ON]

But the wording of that change impacts on all visas.

[Andrea Lyon]

It applies just for permanent residents.

[The Chair, Conservative, Rob Merrifield]

Your time is gone.

Mr. McKay, you have five minutes.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Thank you, Mr. Chairman.

I learned something interesting today, and that is that Canada has a shortage of lawyers. I can't believe it. I'm having difficulty accepting that, Mr. Chairman.

This is again the issue of an expansion of discretionary powers, where this minister has demonstrated something less than candour with respect to other issues. Can you confirm that the refugee backlog is up from 20,000 to about 60,000? Is that true?

[Andrea Lyon]

I think as we sit here the backlog is around 41,000.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Can you confirm that the outstanding appointments have gone from about 10 to about 60--vacancies on the board?

[Andrea Lyon]

I have to apologize. I don't have the specific number here. I think it is under 60.