Citizenship and Immigration Committee on May 13th, 2008

[Daniel Jean]

Various mechanisms apply. From an administrative standpoint, the minister can adjust the passing grade. New regulations can be made. Legislative changes can be brought in if the legislation is no longer deemed adequate. Various options are possible, depending on what you are trying to achieve.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Is the method for calculating points set out in the act? Does the legislation specify the number of points allocated when an applicant satisfies a particular criterion, or does it merely stipulate that the minister or a particular agency decides how many points are awarded in such instances?

[Daniel Jean]

The selection grid is subject to regulations.

[Joan Atkinson]

That's right.

[Daniel Jean]

If you wanted to adjust the criteria used, you would need to go the regulatory route.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

The regulations are adopted by Cabinet. Is that correct?

[Daniel Jean]

Some of the regulations made under the Immigration and Refugee Protection Act must be tabled to the standing committee for discussion purposes.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

I understand.

[Joan Atkinson]

Any regulations must also be published for a few weeks in the Canada Gazette for public consultation purposes.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Is the system simple enough so that prospective immigrants can determine if they have enough points to qualify? Can a prospective immigrant calculate fairly accurately the number of points he would receive and thus find out if he possibly qualifies by logging on to the website or by completing a form?

[Daniel Jean]

Prospective immigrants can use the calculator on the departmental website. It works a bit like a mortgage calculator.

[Joan Atkinson]

One of the goals of the new selection system is to enable individuals to assess more easily their own chances of being accepted.

[The Chair, Conservative, Norman Doyle]

Thank you.

Ms. Chow.

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

In some provinces, actors and actresses are required to get labour market opinions--if I need someone to come in and act. Is that your recollection in the case of all provinces?

[Daniel Jean]

I don't know what the current rules are; I can speak about what the rules were.... Are you talking about coming in as an immigrant or as a temporary worker?

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

A temporary worker.

[Daniel Jean]

As a temporary worker, normally they're coming for a major production.

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

Let's say you're from the United States.

[Daniel Jean]

If they're coming for a key role in a major production, they would be exempt from the labour validation.

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

Why is that the case? Can we not say Canadians can meet that requirement and therefore they should not be sent?

[Daniel Jean]

The rationale is as follows: if you look at cities that have become major shooting places—Vancouver, Toronto, and Montreal--over the years, by allowing these productions, their key actors, and some of their key people to come, you've seen an emerging cinema industry where some of our cameramen in Vancouver, Montreal, and Toronto are now some of the best in the world, and they shoot films elsewhere as well, so it has created economic benefits.

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

I understand that because I am from Toronto.

What would be the reason behind HRSDC not requiring it? For example, we can show that Canadian actors or artists can fulfill that role.

[Daniel Jean]

If you have a Hollywood production, by bringing in this Australian or American actor, the benefits for the rest of the production that would derive to Canadians are so great that it's worth doing that.

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

That decision is made through HRSDC or CIC, in your past knowledge?

[Daniel Jean]

In the regulations and in the exemptions that are in the schedules to the regulations, you have the description of what is applied to these situations in terms of rules.