Citizenship and Immigration Committee on April 28th, 2021

[Scott Ross]

On that front, we do see that the seasonal ag worker program has a transfer mechanism that has incorporated quite a bit of flexibility that allows for workers to more easily move between different farm operations. More than anything—in Quebec, for example—they tend to use the agricultural stream, which does not have that same mechanism in place.

We would welcome that flexibility and the introduction of more flexibility and the ability to have a structured transfer between employers to assist with that very issue.

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

Thank you very much.

Madam Chair, I believe I have 15 seconds left. I will not have enough time to ask a question, have it translated and answered.

[The Chair, Liberal, Salma Zahid]

Thank you, Ms. Normandin.

Bells have started ringing for our vote. These are the 30-minute bells. Do I have the unanimous consent of the committee to proceed until 4:30?

We will continue, then.

Ms. Kwan, you will have six minutes for your round of questioning.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair. Thank you to all the witnesses.

My first question goes to Ms. Arellano.

As we were talking about the caregiver situation, the government's announcement, frankly, shortchanges the number of caregivers who could receive PR into Canada by over 10,000, if you account for the numbers based on 2019 and the loss numbers between then and now as a result of COVID.

Given that this is the case, we know that the numbers are going to be oversubscribed in what the government has announced with the 6,000 spots. What do you think the government should do to address the situation?

[Faye N. Arellano]

Obviously, there needs to be a higher number for the government to process and complete the applications of those caregivers in the queue. That would mean they need more people or more staff to attend to those applicants. I cannot speak to that, but as far as we are concerned, it is only by expediting applications that are already there and needing determination that they can provide more of these caregivers with permanent status.

Also, whatever it is that's keeping the government or the IRCC, the applicants under the new programs need to get into Canada. I understand there are constraints due to COVID, but it seems the only way we can get to more of the people in the backlog is to hire more staff so the IRCC can do the determinations.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

One of the calls from the caregivers and from the migrant workers, broadly speaking, is for landed status on arrival. That is to say they will get permanent resident status when they arrive.

Is that something you would support?

[Faye N. Arellano]

Actually, if you would look at the two new pilots, it's more or less a conditional PR for participants. All they have to do is the two-year requirement because the assessment happens before they come in. I thought that was one of those recommendations in the past that was already met by the two new programs, the two new pilots. However, because of COVID, nothing has really come out of it.

[Jenny Kwan, NDP, Vancouver East, BC]

Yes. Related to that, as you indicated, part of the problem is that the program requirements are so onerous that people cannot meet them. The language requirements and the educational requirements actually block them. Aside from COVID, there's a real question in terms of the structure of the program that prevents people from entering. That is a critical issue that I think the government needs to address, as well.

On the language testing, it's just heartbreaking. There are so many caregivers who are here who cannot pass the language test. Some of them will lose their status as a result of that. Having worked the years and waited this long, they will never be able to bring their loved ones here to Canada.

Aside from the idea of allowing caregivers to take tests separately, given that they are already meeting the language requirements with the employer, should the government even have the language test at all? Should they not get rid of it altogether?

[Faye N. Arellano]

I fully agree with you. I think it's one of those things that caregivers are clamouring for. The government should consider eliminating the education and language requirements because those are the huge stumbling blocks. Their care work is successful because they are able to render the work itself, but the language and education trip them up and keep them from getting permanent residence.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

I'm going to turn to Ms. Mekni.

I want to ask a question about TFWs generally and around the issue of giving them status and recognition.

Can you comment on that?

[Myriam Mekni]

Before we get to the permanent residency pathways, I think step one would be to find them eligible for settlement services and to have enough support to know what pathway would be adequate for them to start their permanent residency process.

Right now, as settlement agencies, our funding doesn't allow us to provide any help to the temporary foreign workers. They are not allowed to go to language classes, receive orientations, get employment counselling or any of that.

I think that's step number one. If they manage to get those services, we would be the first people to guide them to the pathway they should take, even though we don't do consultancy or fill out paperwork.

[Jenny Kwan, NDP, Vancouver East, BC]

The government made the announcement for TFWs and they did not include those without status. You have to have status. That means the people who are here and are contributing and supporting us during this pandemic period would not be eligible to access permanent resident status streams.

Do you think the government should change that?

[Myriam Mekni]

I believe so. We realize that our economy needs more participation from immigrants to help fill the gaps in the labour market, whether in low- or high-paid jobs.

[The Chair, Liberal, Salma Zahid]

Sorry for interrupting, Ms. Mekni, but the time is up for Ms. Kwan.

We will now proceed to our second round of questioning.

Mr. Hallan you will have four minutes for your round of questions, and you may please proceed.

[Jasraj Singh Hallan, Conservative, Calgary Forest Lawn, AB]

Thank you, Madam Chair, and thank you to all the witnesses.

Ms. Arellano, in your opening statement you had some recommendations, but you were short on time. Do you want to tell us some of the recommendations you wanted to give?

[Faye N. Arellano]

One of the other recommendations that I have written down is that I would like to call on the IRCC to remove the caregiver program under its current economic immigration programs. The federal caregiver program has been around for the last three decades. The LCP, which ran from 1992 to 2014, was an important source for those families needing caregivers. The program may be flawed, but it gave more caregivers a chance to become permanent residents. However, in 2014, participants lost their automatic path to permanence, and caregivers, despite having toiled for many years in Canadian households, were refused PR.

I also recommend the removal of the language and education requirements, which did not exist prior to the 2014 changes that prevent these caregivers from obtaining PR.

Finally, I really would like to push for that amnesty program for caregivers who have lost their status. I have listed in my material a few of the reasons why they lost their status. Usually, it's beyond their control. There were even those caregivers who lost their status because their employers did not pay their taxes or because their employers did not get their LMIAs in on time. Therefore, they were found to be violating the IRPA. There were other reasons they lost their status, and it was usually beyond their control. For us to actually give them—

[The Chair, Liberal, Salma Zahid]

I'm sorry to interrupt, Ms. Arellano, but I think there is an interpretation issue. I'll stop the clock.

It is working now.

Please continue.

[Faye N. Arellano]

Okay. As I was saying, I respectfully request that the committee support, and that Minister Mendicino implement, an amnesty program to regularize out-of-status caregivers. These potential workers are already here. Bringing them into the light and regularizing their contributions, be it in terms of taxes, filling shortages of essential workers or as caregivers needed in homes, could only mean benefits for Canada to continue to grow its economy post pandemic. The caregiver amnesty program may be—

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

Madam Chair—

[The Chair, Liberal, Salma Zahid]

Sorry for interrupting. I'll stop the clock.

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

—there is still an interpretation problem.

[The Chair, Liberal, Salma Zahid]

Okay, I'll stop the clock again.

Mr. Clerk, please look into it.

Please continue.

[Faye N. Arellano]

On the caregiver amnesty program that I was talking about, I would ask that it be patterned after the temporary policy used in 2020 for the out-of-status construction workers.

Can you hear me better?

[The Chair, Liberal, Salma Zahid]

There is no interpretation.

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

Madam Chair, we heard the interpretation of Ms. Arellano's comments quickly. I'm not sure whether it was fixed, but we heard the interpretation of her last sentence.