Evidence of meeting #40 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was adoption.
A recording is available from Parliament.
9:15 a.m.
NDP
Tony Martin NDP Sault Ste. Marie, ON
What about the medical expense tax credit? Would that cover some of the costs associated with caring for a child with special needs?
9:15 a.m.
Director General, Legislative Policy Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Most definitely it would. Most medical expenses prescribed by physicians are eligible for the medical expenses tax credit.
9:15 a.m.
NDP
Tony Martin NDP Sault Ste. Marie, ON
We spoke a few minutes ago about extending citizenship to the next generation of children. There was another issue raised by folks who were concerned about international adoptions. It concerned adoptions of older children that aren't successful and the ultimate possibility of deportation of these children back to situations that, the longer they're away, become, I would suggest, more difficult and challenging. Is that an issue or a situation being addressed or looked at in any way, shape, or form?
9:15 a.m.
Director, Legislation and Program Policy, Citizenship and Multiculturalism Branch, Department of Citizenship and Immigration
I'd like to make a couple of comments, and then I'll invite my colleague Mr. Gilbert to add.
We're not necessarily aware that there's any particular problem in that regard, but there are a couple of points I'd like to make. One is that adoptees can come through two routes: they can come as citizens, if they're granted citizenship through the direct route, or they can come as permanent residents. Once the child becomes a permanent resident, the parents can either immediately apply for citizenship for that child or wait until later. Or they may leave the choice up to the child when the child reaches adulthood. That may happen in circumstances when they come from a country where the country doesn't recognize dual citizenship, and they may lose their original citizenship. It could be done for a variety of reasons.
A child who comes as a citizen is not subject to deportation. They have citizenship for life. That's the first thing. The next thing is that a child who comes as a permanent resident, and for whatever reason the family doesn't take out citizenship immediately for that child and the child moves on to adulthood, is subject to the laws like everyone else.
The committee will want to be aware that a permanent resident can be subject to removal from Canada if there are issues of serious criminality. The threshold is an important one. We're not talking about shoplifting. Permanent residents can be subject to removal from Canada if they've committed an offence that would warrant a maximum of ten years imprisonment or if they've committed an offence for which they've served a term of at least six months in an institution.
9:15 a.m.
Conservative
9:15 a.m.
Conservative
Jeff Watson Conservative Essex, ON
Thank you, Madam Chair.
Thank you to our officials for being here today.
The discussion around the table is sort of along two tracks. One, we're examining, in terms of federal supports and federal policies, what's there. The other question is what's not there. For those perceived gaps, if you will, in terms of the federal government's ability to support the provinces in delivering adoption, are there new mechanisms for support that need to be developed, or is it possible to expand existing mechanisms or definitions? I think the committee has expressed an appetite to have some of your input into both of those questions, not just evaluating what's there but some potential guidance in terms of what's not there. We'll potentially have to make some recommendation at the end of this.
With that in mind, in terms of context, I have a number of questions. I want to begin with Mr. Paquette. In response to questions from Mr. Savage about the national interstate compact in the United States, you referred to a protocol. I think you read from a document, even. For my benefit, at least, and the committee's benefit, what protocol are you referring to, and can it be tabled with the committee? What is it? You just read a portion of it.
9:15 a.m.
Senior Assistant Deputy Minister, Income Security and Social Development Branch, Department of Human Resources and Skills Development
Sure. Yes, I can certainly leave a copy because that's a copy we got from the website of one of the provinces. It's a protocol called—I will read the title here—the “Provincial/Territorial Protocol on Children and Families Moving Between Provinces and Territories”. That was conciliated as of December 15, 2006. That is the copy I have. It covers several issues, but one section deals specifically with adoption and post-adoption services. I understand this protocol was signed by all provinces except Quebec, but Quebec supported the content of the protocol. The reference here is that I think the question was raised during the discussion you had with some of the witnesses. So there is already a tool in place, and what I was saying is that I think the issue is more for the provinces to see how they can improve their own tool.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
That's an interesting perspective; some may disagree with you.
Are you familiar with the national interstate compact in the United States?
9:20 a.m.
Senior Assistant Deputy Minister, Income Security and Social Development Branch, Department of Human Resources and Skills Development
Not in detail. What I would say is that the question is whether the American system is comparable to the federal Canadian system in terms of—
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
It may be in one important aspect, and that is that the states are responsible for delivering adoption, much as the provinces are, yet there's been an effort both between the federal government and the states, and among the states themselves with respect to the interstate compact. I was going to ask you to compare or contrast the two, but if you're not familiar with one, that may not be possible.
Moving to the question EI benefits, we're familiar with what exists. I think we're trying to give some consideration as to what could.... Let me ask a question, first of all, with respect to parental benefits if you're adopting a child. They're available if you're adopting an infant. Are they available if you're adopting an older child?
9:20 a.m.
Acting Associate Assistant Deputy Minister, Skills and Employment Branch, Department of Human Resources and Skills Development
The EI Act does not provide any age limit.
9:20 a.m.
Acting Associate Assistant Deputy Minister, Skills and Employment Branch, Department of Human Resources and Skills Development
If they are covered under the Adoption Act in each province, they could have access to the EI benefit for the five weeks.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
In trying to decide if we were to recommend creating some sort of adoption leave, whether or not it's equivalent to maternity in the number of weeks—I suppose it doesn't necessarily have to be limited to that--we're trying to figure out where we would house this. Under part 1, presumably it would have to have a different section number. You couldn't house it with maternity or parental or other things like that, presumably.
Can anybody answer that type of question for us? Do we have to create a new section, if you will, to establish and define...?
9:20 a.m.
Acting Associate Assistant Deputy Minister, Skills and Employment Branch, Department of Human Resources and Skills Development
If there were an intent to create a new benefit, I assume that we would create a new section, the same way as when we created the compassionate care benefit. We created a new separate benefit with its own duration and regulations that were associated with it.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
Ms. Johnston, you were talking about amending the provisions to include post-adoption supports. Presumably that's a framework for all provinces, which could decide at some point in their own process to enact legislation or policy that would provide for post-adoption supports. Am I understanding that correctly?
9:20 a.m.
Director, Social Programs Reform Directorate, Department of Indian Affairs and Northern Development
Yes. Where provinces have it in their legislation, the recipients can pay adoptive parents for those types of supports.
9:20 a.m.
Conservative
9:20 a.m.
Director, Social Programs Reform Directorate, Department of Indian Affairs and Northern Development
Yes.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
Is that through a special dedicated transfer, or is it just out of block funding?
9:20 a.m.
Director, Social Programs Reform Directorate, Department of Indian Affairs and Northern Development
It's part of the funding we provide to the agencies, and they in turn pay it to parents.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
What funding mechanism do you use to fund these agencies? Does it have a policy number, or an act number, or something like that?
9:20 a.m.
Director, Social Programs Reform Directorate, Department of Indian Affairs and Northern Development
That I don't know specifically.
9:20 a.m.
Conservative
Jeff Watson Conservative Essex, ON
Okay, so there's no critical focus, if you will, or determination with any transfer to, say, move children from the child welfare system, with respect to on reserve, to an adoption situation. It's sort of a “these are here if you want them” kind of thing. There's no critical focus at the federal level, for example, to say with respect to on reserve, we're interested in seeing if we can move children from a child welfare system to a more permanent placement, like adoption, through that kind of mechanism.
9:20 a.m.
Director, Social Programs Reform Directorate, Department of Indian Affairs and Northern Development
I think I mentioned earlier that we were looking at enhanced prevention in a number of jurisdictions, but even for those where we haven't moved to enhanced prevention, we do have the authorities for those post-adoption subsidies and supports. We're always looking at the best interest of the child and trying to keep them within the family. I think that's in the legislation across the country.
