Citizenship and Immigration Committee on May 6th, 2019

[The Vice-Chair, Conservative, Michelle Rempel]

We are well over time.

Mr. Ayoub, you have the floor.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

Thank you, Madam Chair.

With regard to the study and the way we consider the establishment of this college or this new body to regulate the activities of immigration consultants, have you determined that the process will ensure that the files of all types of immigrants—and in some cases refugees—are processed faster than the current rate? If so, what will make the difference?

[Lori MacDonald]

Thank you for the question.

I'll make a clarification.

The processing in terms of expediting files in and of themselves occurs at the IRCC side of the house. In terms of the process with respect to complaints, making assessments around concerns or compensation fund or issues with respect to investigations and so on, all those factors will be taken into consideration by the board in terms of how they determine priorities and how they determine what issues are the most egregious or need to be dealt with in the short, medium and longer term.

I'm not sure if that answers your question.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

I wanted to know whether the processing of immigration applications will be faster given that the process will be better controlled at the outset, the consultants will be trained, the consultants' work will be regulated, and there will no longer be any so-called ghost consultants. I imagine that the process will be faster because the applications will be very well structured, and things will proceed much more quickly for Immigration, Refugees and Citizenship Canada from an administrative perspective.

Is that correct?

[Lori MacDonald]

That's absolutely right. Thank you.

I would add that we are updating the forms to make it easier. We are putting in place a system that will have stronger, more disciplined, more regulated and educated consultants. We're doing more outreach and education. All of those factors, as an example, come together and will make the process quicker.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

All types of colleges provide annual or biennial training. Minimum requirements must be met to maintain the quality of the services provided. What's the plan for the training? Will it be biennial? Will there be a minimum requirement? If people fail to meet this minimum requirement, will they lose their right to work as consultants? If so, how can they restore this right? Have these issues been addressed?

[Natasha Kim]

In terms of the consultants' qualifications, the standards will be established by the board through regulation. There will be minimum standards. In the case of consultant qualifications, all consultants must meet this objective.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

I imagine that the public information, in the case of these consultants, will end up on a site available to the public. If not, it should be. We see this for many other colleges. When regulating a profession, it's important to ensure that the consultants' licence is authentic and still valid. The goal is to address the questions and concerns of some Canadians.

Can Canadians check the list of people who are licensed and who can work as consultants? This could reassure them. A licence number is one thing, but the ability to check an official register, whether the register is from the government or from someone else, may be more reassuring for Canadians.

Is this part of the plan?

[Natasha Kim]

Yes, of course. Subclause 31(1) of the bill states that the public register must be in a searchable format. The register will be available to the public, and the public can search for a consultant.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

That's more reassuring.

We're also talking about clients who aren't Canadian citizens but who want to obtain Canadian citizenship. Some families want to be reunited. These files may be assigned to consultants whom they know or don't know, or whom they'll get to know. There's also the service abroad provided by embassies in particular. IRCC is represented in embassies.

Can consultants obtain qualifications abroad, or will they simply be Canadian consultants on Canadian soil?

[Natasha Kim]

When an application is submitted to IRCC, only authorized consultants can provide advice to clients. As a result of our investments, we can provide more public education outside Canada.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

Can the consultants be outside Canada, or are the consultants only in Canada?

Otherwise, the embassies in each country are responsible for managing the influx of immigration applications on an administrative level.

[Natasha Kim]

Yes.

[Dr. Harpreet Kochhar]

I'll try to respond, Mr. Ayoub.

For embassies abroad, we have—

[The Vice-Chair, NDP, Jenny Kwan]

Thank you.

Sorry, the seven minutes is up.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

Can't we even have 10 seconds like the others, just to answer the last question?

[The Vice-Chair, NDP, Jenny Kwan]

I'm just going to follow the rules as they are.

Ms. Rempel.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Thank you.

Has any analysis been done on the cost or potential liability exposure to the government, related to the new governance model?

[Natasha Kim]

The model that was adopted was a statutory self-regulation, so, as set out in the bill, this would not be an agent of Her Majesty. It would be independent and at arm's length from the government.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

You don't anticipate any liability with regard to the Minister of Immigration having a role in setting the code of conduct or.... Has there been any analysis done to see whether or not there would be liability established in potential jurisprudence down the road?

[Natasha Kim]

Certainly we consulted heavily with Justice as this was being developed. We don't foresee any great risks around liability, but we do get a lot of litigation in general.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Has any cost analysis been done related to the level of liability that was analyzed by Justice?

[Natasha Kim]

I should say that we don't anticipate any liability risks.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Has any analysis been done with regard to any additional costs related to administering the new model?

[Natasha Kim]

Indeed. Budget 2019 did announce investments of $51.9 million, I believe, over five years. That took into account what our estimates were about administering the new model, including increased investigations and a new AMPS regime.