Evidence of meeting #156 for Citizenship and Immigration in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was college.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Natasha Kim  Acting Associate Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration
Lori MacDonald  Acting Deputy Minister, Department of Citizenship and Immigration
Harpreet Kochhar  Assistant Deputy Minister, Operations, Department of Citizenship and Immigration
Maria Esel Panlaqui  Manager, Community Development and Special Projects, The Neighbourhood Organization
Richard Kurland  Lawyer and Policy Analyst, As an Individual
John Murray  President and Chief Executive Officer, Immigration Consultants of Canada Regulatory Council
Michael Huynh  Director of Professional Conduct, Immigration Consultants of Canada Regulatory Council

6:05 p.m.

President and Chief Executive Officer, Immigration Consultants of Canada Regulatory Council

John Murray

One was a director general and the others were associate director generals.

6:05 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Thank you very much.

I'd like to turn to the issue of protection for the applicants, or the victims, if you will. You mentioned the provisions that are required, which was a prominent issue that came before us when we studied this in 2016. For the people who are going to be caught out in this environment, even if they have a complaint process, it doesn't mean that they have actual recourse. As you have indicated, often they would have lost their status and many of them would be faced with imminent deportation.

Given this kind of scenario where bad actors have abused and exploited the applicants, what do you think the government needs to do to ensure that protection is provided to them through a complaint process? They've now established a compensation fund, which is good, I suppose. In terms of their status, however, in terms of the penalty they've already paid, which is that they won't even have a process to apply for permanent residence under this scenario, how can the government address this to ensure fairness in this process?

6:10 p.m.

Manager, Community Development and Special Projects, The Neighbourhood Organization

Maria Esel Panlaqui

If I remember right, you asked me when I testified in 2017 about cases where, if we ran after one consultant, they would close down and then open another office under another name.

We were wondering why they would keep doing this, because there are clients who are availing themselves of their services who have no choice but to pay the high consultant's fee and recruitment fees. They know they are temporary here; they're so scared; they don't want to complain. But because of the difficult situation they are facing, there are times when they are being forced to speak out even if it's very hard for them. In the situation they were in, sometimes they would speak out, but then they would back out.

I think the reason we need to address the vulnerability piece is so that they won't be afraid to file the formal complaints and would still have their jobs afterwards. We could do this only if we give them status upon arrival and allow them to come here with their families.

6:10 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

So your remedy is status on arrival.

6:10 p.m.

Manager, Community Development and Special Projects, The Neighbourhood Organization

Maria Esel Panlaqui

We want status on arrival for migrant workers and also to ensure there is federal oversight, not just a separate self-regulatory body to oversee it.

6:10 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

What about where a complaint has been launched and the migrant worker has already lost their status? What about having government immigration provide an open work permit for the individual so that they can see the completion of the complaint and CBSA can suspend any attempts to deport the individual? That's actually what's happening right now.

6:10 p.m.

Manager, Community Development and Special Projects, The Neighbourhood Organization

Maria Esel Panlaqui

Yes. We welcome those practices. I think we have some cases now where there was an option for the workers to be granted a temporary resident permit, TRP. If you remember, this was pilot tested in B.C., and now it's expanded in several provinces. Some of the experiences of the advocates are that it's really very hard to prove these cases, and it's a very long and tedious process. Workers need support so they won't get demoralized and will continue to fight for the case.

6:10 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Thank you.

6:10 p.m.

Conservative

The Vice-Chair Conservative Michelle Rempel

We'll have about 30 seconds before the bells go.

Mr. Whalen.

6:10 p.m.

Liberal

Nick Whalen Liberal St. John's East, NL

Very quickly, Mr. Murray, I've looked at some of the things that have been suggested. The minister was here earlier. He said phase one was really when the Conservatives made the not-for-profit corporation. I would view this as phase two, where we're now providing more authority and powers to the organization that's been around for a while with feedback.

Do you see these things like overseas reciprocal rights and reducing the number of minister-appointed members on the board as things that belong in this phase two, or are those things that can wait until phase three, after a further review in four or five years?

6:15 p.m.

President and Chief Executive Officer, Immigration Consultants of Canada Regulatory Council

John Murray

I think the short answer is that it depends. Those are evolutionary items that could come at the end of the transition process, or they could come at a further phase three.

6:15 p.m.

Liberal

Nick Whalen Liberal St. John's East, NL

Since the bells haven't started, I will also ask another question. When we are looking at what exists on your website now in terms of codes of ethics and codes of conduct in business, and we look to see those things to be adopted by the minister, what sort of process is your organization engaged in to further flesh out the codes of conduct so that the minister would be in a better position to adopt those as soon as the legislation is passed?

6:15 p.m.

President and Chief Executive Officer, Immigration Consultants of Canada Regulatory Council

John Murray

We're working directly with IRCC to review our code of conduct first and then our other regulations applicable to members' businesses. We haven't set out the final timetable for that yet, but our intention is to start right away.

6:15 p.m.

Liberal

Nick Whalen Liberal St. John's East, NL

Are there any particular items that you or Mr. Huynh would like to point out as needing upgrading or legislation that would require some additional work to be done to the existing code of conduct?

I hear the bells.

6:15 p.m.

Conservative

The Vice-Chair Conservative Michelle Rempel

I'll confirm what we talked about on the front end of the meeting, that we are not coming back afterwards, and I will look to have discussions among colleagues sometime between now and tomorrow on how we are going to proceed on drafting instructions, just for the purposes and mental health of the analysts and clerk.

Thank you.

This meeting is adjourned.