Evidence of meeting #33 for Citizenship and Immigration in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was province.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mr. Mike MacPherson
Matt de Vlieger  Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration
Daniel MacDonald  Chief, Canada Health Transfer (CHT)/Canada Social Transfer (CST) and Northern Policy , Department of Finance
Caitlin Imrie  Director General, Passport Operational Coordination, Department of Citizenship and Immigration
Andrew Cash  Davenport, NDP
Jay Aspin  Nipissing—Timiskaming, CPC
Earl Dreeshen  Red Deer, CPC

4:05 p.m.

Chief, Canada Health Transfer (CHT)/Canada Social Transfer (CST) and Northern Policy , Department of Finance

Daniel MacDonald

The Canada health transfer is the federal contribution towards support to the provinces for the provision of health care. It is the one that has the five conditions that are found in the Canada Health Act passed in 1984. That's what that one does in addition to the five principles such as extra billing and user charge prohibition.

The Canada social transfer is the one that covers support for children, social programs, and post-secondary education, and it's separate.

4:05 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

Thank you.

I'd like to turn my questions to Mr. de Vlieger, please.

You mentioned in your comments that there are foreign nationals. It's interesting that we could see further mention that the present requirement refers to temporary foreign workers, international students, visitors, and asylum claimants. It would appear that foreign students and visitors should have met the requirements of looking after their own health and looking after their own funds before they could even study here, so why would those groups be included?

4:10 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

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.

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

These foreign nationals who are international students and visitors would not be entitled to any welfare application or social assistance application.

4:10 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

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

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

You also mentioned that there are some exceptions, those who would not be subject to a period of residence.... Who would that other group be? I'm just curious and let me draw you into what I'm thinking about. Who are these groups who are known as protected persons; these individuals who came to Canada, made a refugee claim, and have been deemed to be genuine refugees by the IRB? Is that my correct understanding? Could you please elaborate on that?

4:10 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

That's correct. There's a broader set of categories that wouldn't have a residency period imposed on them and that's certain Canadian citizens and permanent residents who have mobility rights in Canada under the charter. You were talking about protected persons and both categories of protected persons are those resettled refugees who are referred by the UNHCR or other referral agencies. They come to Canada as permanent residents. The category that you were talking about, those who have a positive determination from the Immigration and Refugee Board as persons in need of protection, would be one category. There's another category that has been exempted and that is victims of human trafficking who have a valid temporary resident visa.

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

Who determines whether they're victims of human trafficking?

4:10 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

That would be a determination by the Department of Citizenship and Immigration's visa officers.

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

What about government-assisted refugees and privately sponsored refugees? Are they also not exempt?

4:10 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

Yes, they would be exempt. They are in the category of protected persons.

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

I'd like to turn my questions to Ms. Imrie.

If the passport office is transferred to Citizenship and Immigration, now the first page of the passport says “the bearer of this passport is”...assistance or protection is now sought by the Minister of Immigration, rather than the Minister of Foreign Affairs?

4:10 p.m.

Director General, Passport Operational Coordination, Department of Citizenship and Immigration

Caitlin Imrie

The passport offers the protection of the Government of Canada. We'll be updating it to make it a Government of Canada issued passport.

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

Again, I was just forming the opinion that the Minister of Foreign Affairs deals with affairs external to Canada, whereas the Minister of Immigration deals with affairs within Canada. It just seems odd that the Minister of Immigration would be asking for that protection.

4:10 p.m.

Director General, Passport Operational Coordination, Department of Citizenship and Immigration

Caitlin Imrie

Would you like me to comment on that?

4:10 p.m.

Conservative

Chungsen Leung Conservative Willowdale, ON

Yes, please comment on that.

4:10 p.m.

Director General, Passport Operational Coordination, Department of Citizenship and Immigration

Caitlin Imrie

You're absolutely right that the Department of Foreign Affairs, Trade and Development has a mandate for protecting Canadians overseas. That's still an integral component of the passport program, and it still has a role to play. Following the transfer, the passport program really harnesses the roles of three departments. The overall accountability is with the Minister of Citizenship and Immigration. The Minister of Employment and Social Development Canada delivers services in the in-Canada service delivery network, and the Minister of Foreign Affairs, Trade and Development continues to be responsible for delivering the passport program overseas, and obviously has a role in providing assistance to Canadians in need.

4:15 p.m.

Conservative

The Acting Chair Conservative Devinder Shory

Thank you, Ms. Imrie.

Ms. Sitsabaiesan, you have five minutes.

4:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Mr. Shory.

Thank you to our witnesses.

Mr. de Vlieger, my first question is going to be a bit of a continuation of Mr. Leung's question about the proposed changes for foreign nationals who come here as temporary foreign workers or international students or visitors. You mentioned in your opening remarks that according to IRPA, they are actually required to demonstrate that they can support themselves and their dependants for the duration of their stay. That makes sense.

Is it stipulated in IRPA that asylum seekers must be able to support themselves and their dependants financially during the time they are asylum seekers in this country?

4:15 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

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

4:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Right. Thank you for that clarification.

Why are asylum seekers or asylum claimants now included in the list of people who, according to the proposed changes that you outlined, could be subject to a minimum period of residence?

4:15 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

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—

4:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

But aren't asylum seekers those who have fled a horrible situation, usually of persecution in whatever their home country is, and they are coming here seeking our support or seeking asylum? In many of these cases, while they're waiting for their refugee application to go through and their asylum application to be processed, they are sitting here in what I'm going to call purgatory just waiting. We've heard that could involve very short timeframes. My office has also dealt with people who have been claimants for years.

Are we expecting asylum claimants to be able to financially support themselves for the duration of their application?

4:15 p.m.

Acting Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration

Matt de Vlieger

Well, under the design, if a province imposes such a residency requirement—

4:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Pardon my interruption again. You're going to say it's a facilitative amendment that allows for the provinces to force asylum claimants to be able to take care of themselves financially when they're fleeing a situation of persecution. I understand. I've heard you say it a few times.

Considering we are signatories to the United Nations convention relating to the status of refugees, its protocols, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and many other international conventions, do you think it's the federal government's responsibility to ensure that we are protecting asylum seekers and not including them in facilitating the provinces being able to make these changes?