Citizenship and Immigration Committee on June 17th, 2020

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

With respect to essential workers, during the crisis, a directive stated that their work permit applications had to be processed within 10 days. This was done in the context of the crisis. However, when a paper application is submitted, it's almost impossible to find the paper file at Immigration, Refugees and Citizenship Canada in order to process it quickly.

I'm thinking of a Venezuelan nurse I know whose application was submitted in February and still hasn't been processed. Doctors in Salaberry-de-Valleyfield submitted their applications in April and these applications still haven't been processed. The hospital needs them and is waiting for them.

Minister, do you agree that the directive put in place was impossible to implement?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

The short answer is no. It isn't impossible. As I've said several times, my department introduced measures to help temporary visitors, both workers and students. We made the system much more flexible to expedite the approval of applications.

Before the COVID-19 crisis, if you applied for a work permit, you had to wait several months. With respect to the essential worker category, our process is much faster now. However, I know that there's a great deal of pressure with regard to this priority. We'll keep working on it.

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

I want to talk about a request from Quebec that was made before February. Quebec asked to process foreign workers' files on its own. This request was made by Mr. Legault's government and Minister Jolin-Barrette.

During the crisis, we've seen that the lack of flexibility regarding work permits has created several issues. For example, a company that has finished seeding can't lend its employees to a company that hasn't finished. Also, in the case of a company that has shut down, the welders can't work in a company that's still running.

Since the crisis, is the minister more willing to transfer responsibility for foreign workers to Quebec City?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I've had several conversations with my counterpart in Quebec, Mr. Jolin-Barrette. Our two teams have been working well together, particularly on the priority issue of foreign workers. We're working well together because we fully understand that a number of issues stem from the labour shortage and that the Quebec economy has needs. The program to support foreign workers meets a very significant need for the Government of Quebec. We'll be there to work and to continue discussions with the Government of Quebec.

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

In the meantime, until there's an agreement on the responsibility for temporary workers, I've often suggested that employer-specific permits should allow the permit holder to work for another employer for a certain number of days to compensate for the delay in the processing of their new permit and to accommodate an urgent situation.

What does the minister think of this suggestion?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

We can explore this suggestion. However, as I said, we've made the program much more flexible under the current circumstances.

[The Chair, Liberal, Salma Zahid]

Your time is up. Thank you, Ms. Normandin.

I would remind everyone, all members, to please direct their questions through the chair.

Next we have Ms. Kwan for six minutes.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you, Madam Chair.

Thank you, Minister, for taking the time to be here in person with us.

On May 8, Minister, you were before the HUMA committee where you said:

My understanding after engaging with CRA and ESDC is that if the individuals in question meet the criteria for eligibility under CERB, they can apply using their SIN, which does not expire for tax purposes, regardless of the status of their work permit. Depending on their situation, they might or might not be able to apply online, but they will be able to do so through the call centre.

On this basis, can the minister confirm that for those who otherwise meet the eligibility criteria for CERB—and I'm referring to TFWs in this instance—even with an expired work permit they would not be criminalized for using CERB?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Setting aside the last part of your question around criminalization, which I'll come back to, my short answer is yes.

[Jenny Kwan, NDP, Vancouver East, BC]

Don't set aside the criminalization, because Bill C-17 is before us, and if that goes through, criminalization may well take place. That's why I'm asking that question.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

My understanding is that, yes, as long as temporary foreign workers meet all of the other requirements of the eligibility for CERB, they would be entitled to receive it. With regard to any consequences that would flow from a breach of the program, again, they would be as responsible and accountable as anyone else would. In other words, immigration status would not differentiate the treatment of those who violated one of the terms of the program.

[Jenny Kwan, NDP, Vancouver East, BC]

Excellent. My understanding, then, expire or—

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

That's my understanding.

I'm sorry, Ms. Kwan, I'm saying that with some trepidation because I would want to be absolutely certain about that, and I'm happy to consult with my colleague Minister Qualtrough to provide a firm answer to you.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you. I appreciate your answer because I think that is very important, because people acted on the basis of the advice from government, including you, minister, and if they, after the fact, are now being penalized, I can't imagine what that really means for people. It would be outrageous if that were to take place.

On the second question, minister, I wrote to you back in April on this, and I finally got a response from you this morning, so I appreciate that. I was asking about the 24-month work requirement that is interrupted for temporary foreign workers and, more specifically, for caregivers.

The response that you gave me does not address the heart of the issue, which is individuals whose work permits are coming to expiration and who have lost their jobs because of COVID. Can they then, on this basis, Minister, apply for a renewed work permit and get implied status even though they don't have an employer at this time?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Ms. Kwan, again you raise an important issue, and I realize that the response is still forthcoming on that. I will say, as I've said before, that we are looking at ways to mitigate the disruptive effect of COVID-19, including effects on those who have had to remain in Canada and have seen their visas expire. There are many cases where we are extending those visas, and we continue to look at broader policy solutions on the question that you posed.

[Jenny Kwan, NDP, Vancouver East, BC]

I would urge the minister to count the interrupted time for these caregivers towards their 24-month work requirement and then also, on the question of expired work permits for those individuals, because they're caught in a very difficult situation right now where they have lost their jobs because of COVID-19 and not through any fault of their own, and their work permit is coming to an expiration.... If they don't find a new employer, and it's difficult to do so at this time, they would be out of luck. They would not be able to get implied status, so it will be essential for them to be supported through this time. Otherwise, these workers who have come to take care of our families here in Canada are pretty well just left out in the cold. I would urge the minister to take action on that.

With respect to delay in spousal sponsorships, early in the pandemic I was informed that applications would continue to be processed. However, as the pandemic continues, issues and challenges with the processing of applications continue to emerge and, as a result, my office has seen numerous individuals faced with long and lengthy delays in their PR applications. This is specifically to do with spousal sponsorships where the standard time of processing is 12 months.

Mr. Mitch Hurley and his spouse tragically lost their newborn child as his wife was unable to get health care in Ecuador, and they're desperately waiting to be reunited here during this difficult time. Their application has been in the process for 16 months, and they cannot get an interview so that they can finish the application. Now they're required to extend their expired medical exams, which is very expensive and costly.

Can families with urgent needs have their applications expedited in processing and will the government waive the requirement for new medical examinations as a result of this lengthy delay?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Clearly that's an important question, Ms. Kwan, and I don't want to do a disservice to it. I have taken note of both. We have to balance our desire to reunite families as quickly as possible with the ongoing health concerns that COVID-19 presents, and certainly that is a balance that we attempt to strike every day.

[The Chair, Liberal, Salma Zahid]

Maybe we can come back to that afterwards.

Your time is up, Ms. Kwan.

With this, we end our six-minute round. Now we will be moving to the five-minute rounds of questioning. We will start with Mr. Chiu.

Mr. Chiu, you have five minutes.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you, Madam Chair.

Thank you, Minister, for coming.

As a rookie MP, I'm in shock right now that we're discussing the supplementary estimates of a budget that has not even been tabled in the House of Commons, and we're talking about increasing beyond that estimate. It's such a learning experience here.

The supplementary estimates in 2020-21 do not allocate any new money to the Immigration and Refugee Board. Considering that the IRB suspended its operations for all in-person hearings and meditations other than detention reviews and some admissibility hearings, does the minister foresee any increase in the IRB budget?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Thank you, Mr. Chiu.

As I mentioned earlier, the Immigration and Refugee Board is charged with a significant mandate to adjudicate asylum claims. Those claims are at a level that does require sufficient funding. I made reference to the border enforcement strategy, part of which went towards ensuring that we can attack that backlog. That is work that continues.

Certainly this year has been disruptive because of COVID-19, but our government will take the necessary steps to invest properly in the Immigration and Refugee Board so that each and every claimant can have a hearing in a reasonable time frame.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

In the meanwhile, there have still been flights during the past few months that have taken refugees, asylum seekers, from Hong Kong. The Hong Kong government is in the process of imposing a new, Chinese Communist-drafted national security law in the territory, jeopardizing individual freedoms of expression, speech, association and political participation.

Immigration law experts are suggesting potential immigration claims originating from Hong Kong will not meet the criteria of Canada's express entry system, making it very difficult for many to leave the territory.

What options will Canadian immigration officials provide to assist these Hong Kong residents in safely emigrating to Canada if they do not meet ordinary refugee status requirements?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I would simply echo that we remain very concerned about the situation in Hong Kong. We are monitoring it very closely. For those who are Canadian, as I have said before, and other representatives within our government have said before, they do reserve the right to return to Canada, so they do not need to find an immigration pathway. However, they would have to be subject to all of the health care screenings that are in place upon that return.

For those who are foreign nationals who wish to come to Canada, there are numerous pathways by which they can accomplish that goal. You mentioned express entry. I would urge against any assumptions around their eligibility to avail themselves of that pathway. If you are encountering individual cases where you see a problem or a pattern recurring, my office is open to hearing about those concerns.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Thank you, Minister.

Will Immigration, Refugees and Citizenship Canada adopt a lifeboat policy for those who have been unjustly arrested and charged in Hong Kong for crimes that do not have a comparable criminal law here in Canada and who are wanting to seek asylum in Canada?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Chiu, as you know, in order to be able to immigrate to Canada or to come to Canada at all there are certain admissibility requirements that everyone must subject to. For those individuals who have committed crimes abroad that are obviously recognized under Canadian law, they cannot and should not be allowed to enter.

However, I would point out that as part of my mandate I am to look at creating a new pathway for human rights activists. That is something I hope to be able to update members of this committee and the House of Commons on over the course of some time.

[Kenny Chiu, Conservative, Steveston—Richmond East, BC]

Many Canadians fear for the safety of their families overseas. With the supplementary estimates, will the department have enough financial resources to create a program to bring the family members of Canadians safely to Canada so that they do not have to suffer unjust persecutions in their homelands?