Citizenship and Immigration Committee on March 10th, 2020

[Philippe Massé]

It's difficult to comment on the specific situation without having more information. I'm definitely happy to look into that particular case.

A three-year processing time is abnormal; it's not something that we see a lot. We know that in certain cases, when their inspection is under way, things can prevent an application from proceeding if there is information suggesting that there are non-compliance issues. Normally, if those are administrative, they wouldn't hold up an application, but in the case where there are cases of abuse that may get referred to law enforcement authorities, it could affect the processing.

Again, it's not our intention to keep people in suspense. I know the inspection regime is new. There has been a move towards unannounced inspections, and there have been hiccups around the rollout of that. Some of them are taking a very long time, and employers don't always know what to do when they're under inspection. The department is rolling out an engagement strategy with employers to facilitate information about the process and the expectations. We are looking at the timelines. There's a mapping going on to try to make process leaner so that decisions get taken faster and things don't get held up.

Sometimes it's not possible to share information on the status of applications, depending on the nature of the issues, but we're sensitive to those.

[Anju Dhillon, Liberal, Dorval—Lachine—LaSalle, QC]

Okay, but three and a half years is a very long time.

[Philippe Massé]

I totally agree.

[Anju Dhillon, Liberal, Dorval—Lachine—LaSalle, QC]

It seems they just end up in the same pool as the new applicants. Can a special section be made to put people out of their anxiety and misery, either way? Can you establish something like that? Are you looking into having a separate section that will look into special case files, to speed up the process?

[Philippe Massé]

In general, if there are special case files, we know about them. We don't try to mix them up with others.

Again, without knowing the nature of the issue that is at the heart, it's hard to comment exactly on what the potential solutions are. Our intention is not to hold up applications for years and years.

[Anju Dhillon, Liberal, Dorval—Lachine—LaSalle, QC]

Okay, thank you.

[The Chair, Liberal, Salma Zahid]

Thank you.

We will now move on to Ms. Normandin for six minutes.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you very much, Madam Chair.

My thanks to the witnesses for their presentations.

My first question is about statistics.

You have briefly painted a picture of the situation by province for certain types of jobs and some sectors.

I would like to know whether you did the same exercise by sub-region, for example, it could be by resource region, by type of region based on the unemployment rate, or by very specific types of occupations. Do you also have a picture of the situation by province?

[Josée Bégin]

Thank you for the question.

In recent years, we have conducted more focused studies, including those for the Atlantic regions. We have worked with our colleagues at the Atlantic Canada Opportunities Agency to conduct an analysis of the aging population, unemployment rates and job vacancies by region. We have done sort of the same picture that I did at a higher level, but in more detail. We are currently holding the same kind of discussion about the regions of Quebec with our colleagues at the Economic Development Agency of Canada.

I would also like to point out that the information on the unemployment and employment rates, as well as other information we release monthly from the labour force survey, is available by economic region. For Quebec, they are roughly equivalent to the administrative regions and, if memory serves, there are about 76 economic regions in Canada.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you very much.

My next question is about labour market impact assessments.

In some regions where there is very low unemployment or where there is a labour shortage in specific occupations, have you considered the possibility of requesting a labour market impact assessment exemption, even if only temporarily?

[Philippe Massé]

First of all, it's important to understand that the program is open to everyone and that there are no hiring restrictions. Restrictions are in place in regions with high unemployment rates, but the program isn't tailored to the unemployment rate in those regions.

As for exemptions, it depends. How the process normally works is that we require a labour market impact assessment, which involves verifying certain things. Some program streams are flexible when it comes the job offer requirements. The global talent stream is one example.

When it comes to jobs with low level requirements, in terms of either educational or occupational skills, exempting those types of jobs from the labour market impact assessment is problematic. If we didn't open up the program, it would have negative effects on the labour market, possibly affecting wages and job opportunities for Canadians, especially in those streams.

Therefore, the potential for an exemption depends on the specific circumstances and the skill set, but it isn't part of the program at this time.

[Christine Normandin, Bloc, Saint-Jean, QC]

If I understand correctly, then, it isn't completely out of the question either. Is that right?

[Philippe Massé]

We recognize that the labour market has changed and we're analyzing what that will mean for our policies. We are taking a serious look at all of those factors, but I can't comment on that specific measure.

[Christine Normandin, Bloc, Saint-Jean, QC]

I see.

I have a question about the work permits issued to temporary foreign workers.

Have you thought about extending the time limits on work permits in certain situations?

I know that's something we see in the agricultural sector, where a worker can obtain a two-year work permit. Is there any way to do the same in other sectors experiencing a labour shortage?

[Philippe Massé]

In some sectors with low-paying low-skill jobs, work permits are limited to a year. We've given some flexibility to employers in the agri-food sector, in particular, by allowing work permits to remain valid for up to two years, to support the employee transition to permanent residence.

As for the rest of the program, it's something we're looking at as the labour market evolves. We make sure our policy requirements are tailored to labour market needs, so these are things we actively examine.

[Christine Normandin, Bloc, Saint-Jean, QC]

Unless I'm mistaken, an employer can't hire any more than 10% of their workforce through the temporary foreign worker program.

Have you considered raising the threshold, especially for small and medium-size businesses?

[Philippe Massé]

That's one of the things we are analyzing right now. I can't tell you where the analysis will lead, but work permit time limits and the 10% foreign worker threshold—20% for some employers—are concerns many employers have raised. We take all that into account.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you.

I have enough time for my question, but not the answer, so I'll leave it there.

[The Chair, Liberal, Salma Zahid]

Thank you.

We will move on to Ms. Kwan for six minutes.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

Thank you to the panel and the officials for being here.

My first question relates to the overall immigration stream. Our immigration stream now primarily targets the economic class who are highly skilled workers. As we can see from the temporary foreign worker program, those in it are primarily lower skilled workers, but year after year people continue to seek workers in those streams.

Why do we not have a permanent residency stream for medium- and low-skilled workers?

[Matt de Vlieger]

You're right that the largest proportion come through our economic programs as principal applicants who are in the higher skill levels. Recently, we've introduced and expanded several programs that allow access to medium- and lower skilled workers as well. The provincial nominee program has considerable admission space that's been growing every year, and in the occupation codes C and D—so, the intermediate and lower skilled workers—there is significant and growing allocation space.

There are a few new programs. The Atlantic immigration pilot has access to lower and medium-skilled workers, the rural and northern immigration pilot as well, and just last year...the agri-food immigration pilot. So, we're seeing more room for temporary foreign workers who are in the low-skilled stream. Whether they come through on a labour market tested side or a non-labour market tested side, they come into our permanent pathways.

[Jenny Kwan, NDP, Vancouver East, BC]

Can you provide to the committee specific numbers for your different pilot programs and initiatives for those who are lower and medium-skilled and how many of them came to what province, so that we will have a snapshot of that information?

It remains, even with the PNP program, very limited, and the scale of the numbers for the temporary foreign worker program—over 400,000—is significant. I'll bet you dollars to doughnuts your numbers don't come close to that. So, I would like to see those numbers.

If we're going to talk about immigrants—and, as was noted, they are here to help build our nation, and we want to recognize that—then I think we need to ensure that our permanent resident status streams reflect that, because right now I don't think they do. I would like to have that information so we can look at that from a policy perspective.

On the temporary foreign worker program, I am interested in knowing the process when a complaint is made and it has been clearly established that an employer has abused or violated the rules applying to them as an employer. For example, I have a couple of very active cases where the employer charged the temporary foreign worker a fee and is making them pay for the LMIA. One of them even has a receipt to prove it.

What happens in those cases? The complaint has been filed and it seems like it goes into a dark hole. I have an outstanding case that was filed in 2017, and they have not received a response on that. What happens?

[Philippe Massé]

Again, it's difficult to comment on specific cases, but charging fees for jobs is not legal in Canada. We have an inspection regime that looks at complaints. We have a tip line, and those are triaged by the various risks associated with them. I can't comment on where they might end up. In cases where there's criminal activity, though, they are referred to law enforcement agencies.

[Jenny Kwan, NDP, Vancouver East, BC]

Maybe I can interrupt. How long does it take on average for the department to investigate a case, and then for an outcome to be made available?

[Philippe Massé]

I can't tell you those statistics. It's not my responsibility, but we can certainly follow up and get that information to you, because I wouldn't be able to give you a clear answer on that now.