House of Commons Hansard #296 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was policy.

Topics

Media IndustryOral Questions

3:05 p.m.

Ahuntsic-Cartierville Québec

Liberal

Mélanie Joly LiberalMinister of Canadian Heritage

Mr. Speaker, we know that more and more Canadians are getting their news on the internet. Because of that, our media have to innovate. In budget 2018, in response to calls from the industry, we announced that the government would study new models that would enable media outlets to accept donations.

The budget also included $50 million to support journalism in underserved communities and $14 million for community radio stations and newspapers in official language minority communities. We have also allocated $675 million to Radio-Canada/CBC to ensure good nationwide media coverage that respects journalistic independence, of course.

Presence in GalleryOral Questions

3:10 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

I would like to draw to the attention of hon. members the presence in the gallery of the hon. Olivia Grange, Minister of Culture, Gender, Entertainment and Sport in Jamaica.

Presence in GalleryOral Questions

3:10 p.m.

Some hon. members

Hear, hear!

Business of the HouseOral Questions

3:10 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, it being Thursday, it is my privilege to ask the Thursday question. I might say as someone who has done a statistical analysis of 30 years' worth of Thursday questions, it is an honour to actually ask the question today.

Could the government House leader inform the House what business the government plans to bring before the House for the remainder of this week and the week we return after our constituency week?

The Leader of the Opposition having designated the finance and citizenship and immigration departments for consideration in committee of the whole, could she inform the House when those two debates in committee of the whole will be scheduled?

Business of the HouseOral Questions

3:10 p.m.

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will begin debate on Bill C-76, the elections modernization act. This debate will continue tomorrow, and the following week will be a constituency week.

However, if we receive a message from the Senate this afternoon about Bill C-49, the transportation modernization act, this bill will get priority.

Upon our return following the constituency week, we will resume debate on Bill C-76 on Tuesday.

On Wednesday, we will start debate at report stage and third reading of Bill C-57, an act to amend the Federal Sustainable Development Act.

On Thursday, we will begin debate on Bill C-75, the justice modernization act.

Finally, pursuant to Standing Order 81(4), I would like to designate Tuesday, May 22, for consideration in committee of the whole of the main estimates for the Department of Finance, and Thursday, May 24, for the Department of Citizenship and Immigration.

Commissioner of Official LanguagesRoutine Proceedings

3:10 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Pursuant to subsection 67(1) of the Official Languages Act, I have the honour to lay upon the table a special report by the Commissioner of Official Languages entitled, “A Principled Approach to the Modernization of the Official Languages (Communications with and Services to the Public) Regulations”.

Pursuant to Standing Order 108(3)(f), this report is deemed permanently referred to the Standing Committee on Official Languages.

National Defence ActRoutine Proceedings

3:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

moved for leave to introduce Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

(Motions deemed adopted, bill read the first time and printed)

Public AccountsCommittees of the HouseRoutine Proceedings

3:10 p.m.

Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I have the pleasure to present, in both official languages, the 46th report of the Standing Committee on Public Accounts entitled “Report 6, Royal Military College of Canada—National Defence, of the Fall 2017 Reports of the Auditor General of Canada”.

Pursuant to Standing Order 109, the committee requests that the government table a comprehensive response to this report.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

3:10 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, I have two reports to table.

I have the honour to table, in both official languages, the 18th report of the Standing Committee on Justice and Human Rights in relation to Bill C-375, an act to amend the Criminal Code with respect to pre-sentence reports. The committee has considered the bill and agreed to report it to the House with amendment.

Mr. Speaker, I also have the honour to present, in both official languages, the 19th report of the Standing Committee on Justice and Human Rights in relation to Bill S-210, an act to amend an act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other acts.

The committee has studied the bill and has decided to report the bill back to the House without amendment.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:15 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

moved:

That the 15th report of the Standing Committee on Citizenship and Immigration, presented to the House on Wednesday, December 13, 2017, be concurred in.

Mr. Speaker, it is my privilege to stand in the House today to once again raise the issue around paragraph 38(1)(c) of the Immigration and Refugee Protection Act, better known as medical inadmissibility due to excessive demand.

As many in this place are now aware, this division of IRPA is a cost-only analysis that estimates the potential costs in the use of social and health services that a person applying for permanent residence in Canada could incur.

Currently, under subsection 38(2) of IRPA, convention refugees, protected persons, spouses, and dependants as part of a family sponsorship application are exempt from this restriction. This means that only those who are economic applicants and their families, caregivers, provincial nominees, parents and grandparents, students, foreign workers, and temporary residents would be subject to paragraph 38(1)(c). The provision works in such a way that should one member of a family be found at risk of placing an excessive demand on health or social services, the entire family's application would be rejected.

As I said, this is a cost-only analysis. Not only does it ignore the benefits that an individual brings to Canada, but it also ignores and invalidates the sum of benefits the whole family brings to Canada.

This issue made national headlines in 2016 regarding the case of Professor Felipe Montoya. Professor Montoya came to Canada with his wife, daughter, and son in 2012. He and his wife worked, paid their taxes, and contributed to their community. Their daughter and son attended school in Canada. However, when the Montoya family decided that they wanted to stay here, make Canada their permanent home, and apply for permanent residence, they were rejected. Why? Their son Nico has Down's syndrome.

Following this, last summer, Global News Investigative Journalism brought even more attention to this little-known provision, raising serious questions about how the policy was implemented. There were questions over the so-called basket of services that counted in the calculation and those that did not, why it was that the threshold was set the way it was whether or not the policy was discriminatory, and the impact it was having on families.

In October 2017, the Standing Committee on Citizenship and Immigration undertook a study on this provision. We heard from 25 witnesses and received 23 briefs. Committee members heard loud and clear that this provision was legislated discrimination against individuals with disabilities. Of the witnesses that offered their opinion on what should be done with this policy, it was nearly unanimous that the only option was to repeal paragraph 38(1)(c) of IRPA. Anything less would simply continue the discrimination.

In fact, not only were the witnesses who appeared at committee convinced this policy was discriminatory, so too were Liberal MPs. The member for St. John's East stated to the Minister of Immigration, Refugees and Citizenship during the minister's appearance, “I must say that at this point in time I do not see how raising the threshold and excluding fewer people changes the fact that excluding anyone is prima facie discriminatory and violates Canadian values.”

The member for Surrey Centre changed the opinion he had about the policy during the course of this study and evoked a strong and harsh image where he compared the idea of this policy to the mindset of slave trade. He said, “I would say that initially I thought it was a good policy, because that would perhaps be a big burden on Canadians, but then I looked back—and I don’t want to equate it to this—and it’s no different from the slave trade, in which only those selected as the strongest and the most able-bodied were brought from Africa. It’s not that the whole policy is good at all, but I’m saying it is akin to discriminating when we’re picking only people who are healthy, fully functioning, with no intellectual disabilities and no physical disabilities.”

The member also summed up the general view of committee members when he said, “As you can tell, almost all of us have an inclination that this policy is discriminatory. We already can see that even within immigration there's a two-tiered policy.”

The minister stated on numerous occasions that the policy is “out of step with Canadian values on accommodating people with disabilities”. The minister promised changes. Given the near unanimous opinion of witnesses, the strong views of Liberal members on the committee, and the minister's understanding that this policy was wrong, I was hopeful the committee would be able to table a unanimously supported report that called on the government to do one thing and one thing alone, which is to repeal paragraph 38(1)(c) of IRPA.

Unfortunately, I was to be disappointed. Instead of issuing that report, the committee tabled a report which, while it included repeal as a recommendation, provided the government with a host of interim measures it could take instead. It was as though committee members were no longer worried that this policy was prima facie discriminatory, as the member for St. John's East described it.

As the NDP representative at the committee, I attached a dissenting opinion to the report. I will never forget the story of Mercedes Benitez, a caregiver, who, after nearly a decade of working in Canada waiting to be reunited with her family, was informed her application would be rejected because her son has an intellectual disability. Thankfully, after intense advocacy, support from the public, and media reports, like the Montoya family, she was able to receive an intervention on the file from the minister, which ultimately was approved.

Mercedes Benitez told committee members:

Even though my case is already resolved, I think the excessive demands should be repealed. I still feel the pain when they say I'm good [enough] to work, but not good enough to stay because of my son.

In this spirit, the NDP moved two recommendations in our dissenting report: one, to repeal paragraph 38(1)(c) of IRPA; and two, for the government to work with the provincial and territorial governments to determine any increased costs to health and social services as a result of this repeal, and to increase CST and CHT funding accordingly.

The minister stated that the government would be announcing its policy change on April 12, 2018. This is because that was the deadline for the government to respond to the committee's report. While the minister did not feel the urgency to act, like many of the families impacted, I was very eager to learn what the minister would do to address this discriminatory policy.

The minister missed his self-imposed deadline, and when he finally got around to announcing the new policy, I truly was disappointed with the announcement. The policy announcement was not to repeal paragraph 38(1)(c). Despite warnings from the member for St. John's East, the government announced it would instead be increasing the threshold from $6,555 per year to $20,000, and amended the definition of “social services” by removing references to special education, social and vocational rehabilitation services, and personal support services.

The government expects this will reduce discrimination by 75%. That is not 100%, which is to say that 25% discrimination is okay. While the government states that it agrees with the recommendation to eliminate the policy, it provides no timeline for when that 25% would no longer be discriminated against. At the press conference, the minister stated that this new policy would be forward-going only. This is devastating news for families whose applications were just rejected recently.

The suggestion that they can then apply for permanent residency under humanitarian and compassionate grounds can add up to another three years to the long separation families have already endured. If the H and C application is accepted, only then can they submit a sponsorship application for the family to be reunited. For some families, this additional process may well mean that their children would not qualify to be part of the application as they would have aged out.

In addition, the minister also failed to state whether the new policy would apply to individuals and families with current applications in the system. As a result, many of the individuals impacted by this policy expressed hope, but still worry about the pathway forward. Such is the situation with Monica Mateo Ilarde.

Monica also arrived in Canada as a live-in caregiver in 2008. She has worked hard every day for 10 years taking care of the children of a Canadian family. She has spent most of her 13-year marriage separated from her husband, Richard, and their nine-year-old daughter, Brianna. On most nights, Monica cries herself to sleep from the pain of the separation.

In 2012, she applied for permanent resident status. Monica's permanent resident application was flagged for excessive demand, because her daughter, Brianna, who was cared for by Richard in the Philippines, was born with a visual impairment, a condition that was arbitrarily determined to require “excessive demand” on the Canadian health care system. Brianna would benefit from speech therapy, and could possibly require surgery, but is otherwise a healthy and happy child.

In December 2017, Monica was expecting her second child. Every effort was made so that Monica could be reunited with her family in Canada so she would not be alone when she gave birth to her second baby. The call for her file to be expedited failed, and she was advised by IRCC that her only option would be to apply for an urgent temporary visitors visa for her husband and daughter if she did not want to be alone during childbirth. After discussing this with her family, it was decided that the cost of applying for these additional visas and the travel expenses was just too much for the family. This is because over the course of the last six years, since first applying for permanent resident status, Monica and her family have had to redo medical exams four times, in addition to security screenings and continued renewals of work permits for Monica.

On January 1, 2018, Monica gave birth to her baby boy, alone, in Canada. Unwaveringly optimistic and driven to reunite with her family in Canada, Monica believes that she was blessed to have her son and sees him as a reward for her isolation. She continues to dream of being permanently reunited with her daughter, Brianna, and her husband, Richard.

According to information provided to Monica, it appears that as long as she is processed under the new rules, her application will finally be completed and successful. That means that her daughter would get to meet her little brother for the first time, and her husband would get to meet his son for the first time.

Her case is one example of why I was so anxious to learn whether the new rules would apply to pending cases. After multiple inquiries, I was finally given assurances from the minister's office, last Sunday night, that applications currently in the system would be assessed under the new rules. For that, I thank the government, and I thank the minister. Monica is hopeful that her case will be processed before this winter so that her family can be reunited here in Canada for Christmas.

Aside from the cases currently being processed in the system, I want to draw members' attention to caregivers who have been providing valuable support and services to families in Canada for years, have been subjected to unjustly long processing delays on their permanent resident applications, and after waiting 10 years, in some cases, to bring their families here, have recently been rejected because of this discriminatory policy. In fact, on Monday, May 7, I held a press conference in Toronto to shine a light on this heartbreaking story.

Shirley Benigno is a single mother of three. Her son, John Nicko, has Down syndrome. Shirley has worked hard her entire life to provide for her family. She first moved to Hong Kong, where she tolerated abuse and harassment in her work environment so that she could send money back home.

She had hoped her transition to Canada would mean a new beginning for her family. Upon arrival in Canada in 2009 as part of the live-in caregiver program, Shirley started working two jobs and saving all the money she could for her children's move to Canada. She applied for permanent resident status in Canada, and to be reunited with her family, in 2011.

Outside of work, she prepared food for various events, supplied homemade goods for two convenience stores, and took the national food safety training program, with the expectation and hope of one day going back to school and eventually opening her own family restaurant. All this came to an abrupt end, after waiting seven years, when her application for permanent residence was denied in 2017 because of her son's disability. This is despite her son's medical assessment stating that John Nicko is capable of taking care of himself and is even able to work in an unskilled or semi-skilled position.

As result, Shirley's work permit was revoked, depriving her of all income. She could no longer provide for herself, let alone for her family. This meant that she was unable to send money back home to her family, and her children had to leave school, because they could not afford tuition. This is absolutely devastating to Shirley and her family. Shirley stated, in disbelief, “I always thought Canada did not discriminate against people because they are different. I thought Canada had protections for people who are different.”

Since the rejection of her application, Shirley has finally been able to obtain legal counsel, who is trying to help her with a request to reconsider her denial. If this is not granted, she will be forced to apply for permanent residence on humanitarian and compassionate grounds, a purely discretionary stream of immigration that could take up to three years to process. Aside from this additional delay, if Shirley had to make a new application, it would mean that one of her children would age out and would not be able to be reunited with Shirley, shattering her dream of having her family here in Canada.

If Shirley's application were processed under the new rules, John Nicko would not be deemed an excessive demand. My office was advised that the estimated cost John Nicko would place on social services would be $120,000 over five years, which is $24,000 per year. We were provided with a breakdown of the costs per year: vocational skills training, $5,000; employment programs, $7,000; and day programs, $12,000. Increasing the threshold and exempting the cost of vocational skills training would mean that John Nicko would now be under the threshold and would be eligible for permanent residence in Canada. I brought this case to the attention of the minister, and it is my most sincere hope that he will use his authority to intervene and do what is right.

Shirley and others like her have shown for a decade that she is good enough to be here. She has earned her place in Canada and deserves to be reunited with her family. It would be a great injustice if we allowed individuals like Shirley to be forced to leave after all this time, after all this waiting, because of a discriminatory policy that has now been changed. The minister has the opportunity to prevent such a gross injustice and to do the right thing and allow this family to stay. If the government took that action and applied the new policy to Shirley and her family, they would be able to stay.

It would be reasonable for cases that have recently been rejected, such as in the last 12 months, for example, to be assessed under this new policy. This would not produce excessive demand on our system. During the committee's study, we heard that under the old rules, after appeals and mitigation times, fewer than 400 of the 1,000 cases per year flagged under paragraph 38(1)(c) were ultimately rejected.

We have the opportunity to do what is right and to undo the hardships our system has caused for families through a policy we all know was out of step with our values.

I would be remiss if I did not take this opportunity to remind the members of this House that in February, I tabled Bill C-398, which would repeal paragraph 38(1)(c). I would like to once again inform the government that I would be happy to work with the government to make this bill the government's own bill. Until that happens, until that discriminatory policy is repealed, the government can do something for the families that have been waiting for years and years, especially those families that have just recently been rejected. The government can apply the new rules to them and reopen their cases so that they have the opportunity to reunite with their families here. It is the right thing to do. I hope that I can hear a positive response from the government side with respect to this request.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:35 p.m.

Acadie—Bathurst New Brunswick

Liberal

Serge Cormier LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, I want to thank my colleague for her speech. I also want to thank her and all of the other committee members for their work. As we said, this policy is over 40 years old. I think the measures we have taken are a step in the right direction. I understand that my colleague would have liked us to go even further, but we want to take a balanced approach. We are going to work with the provinces and territories and consult them on this issue, because we know it can have an impact. We have said over and over, and the minister has also said many times, that we want to move forward with a view to one day eliminating this policy. However, we need to take the time to consult the provinces and territories more so that we can gather even more solid evidence on this matter.

Does the member not agree that we should take more time to consult the provinces and territories, like the provincial government in British Columbia, which, incidentally, is an NDP government that has also asked us to take our time and do consultations? We recognize that this policy is having an impact on families, and that is why we have decided to triple the threshold.

Should we take a little more time to consult the provinces and territories on this issue?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:35 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, let us be clear. The minister has been consulting on this issue for almost two years, and now the government says it needs to continue to consult. I am okay with that, really. I would rather the government had done the right thing, knowing that it is the right thing to repeal this discriminatory provision.

The committee heard from officials who said that there are about 1,000 cases under this provision that have come before them. It was also stated by committee members, Liberal members at that, that the cost would not be that onerous. That said, the government has made a decision, and I accept that the government gets to make these decisions. What I am asking today, though, is that the government consider applying the new policy to existing cases that have recently been rejected. It is projected by the government's own officials that in a year, there may be about 400 cases that fall under that category.

I made comments about Shirley's family. She has been here for 10 years, and her case was rejected, under the old policy, just in January of this year and then again in March of this year. The right thing to do is for the government to reopen her case under the new rules so that she can be assessed under the new rules and be allowed to bring her family here. Otherwise, one of her sons would—

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:35 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Questions and comments, the hon. member for Vancouver Kingsway.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:35 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I would first like to thank and congratulate my hon. colleague from Vancouver East for a passionate, brilliant, and long-overdue proposal that ought to be supported by every member of this House.

Canadians would be shocked to know that we still have embedded in our official immigration law a provision that is so discriminatory, so outmoded, so stereotypical, that no modern democracy that exists in a pluralistic society could possibly justify it. That is a section of our Immigration Act that says that when people come to Canada, work, and fulfill their obligations under a program such the temporary foreign worker program, and then seek to sponsor their families, they and all of their family members can all be rejected if one of the family members has a certain condition, such as Down syndrome, deafness, or an intellectual disability. Underpinning that is the outmoded notion that these people are somehow a burden. People with Down syndrome, people who are deaf, and people with intellectual deficits are not burdens. These people have every ability to be fine citizens and contributing members of our society.

This typically arises when a live-in caregiver comes here. Does the member agree that we could perhaps have a system whereby caregivers are allowed to bring their spouses and children with them when they first come here so that families can be left intact? We could get rid of this outmoded system under which they are separated from their families, only to find two, three, four, five, or six years later that they and their families are no longer admissible to Canada after doing everything they were obligated to do under this system. Would she agree with that policy?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:40 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, the member is absolutely right. People who have disabilities of any type bring more to the community than just their disabilities. We should not be identifying them by their disabilities but as whole people. This is something we do under this policy, and it is wrong. It is also, by the way, in violation of the UN Convention on the Rights of Persons with Disabilities.

On the issue of what is the right thing to do, I am a long-time proponent of the notion that if a person is good enough to work, the person is good enough to stay, and that includes caregivers. They are the only people in the immigration stream who are separated from their families and have to work two years before they can even make an application to bring their families here under the economic class, and that should not be the case. Absolutely, I would agree that those people should be able to bring their families to Canada on arrival. No family, no mother, should have to endure what these caregivers have to endure with the separation from their children.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:40 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am very familiar with the live-in caregiver program. I have been dealing with it for over 25 years as an elected representative, both in the Manitoba legislature and now in Ottawa. It is a fantastic program, which was introduced many years ago. Yes, there are flaws, and no doubt it can be improved. This government has demonstrated its ability to improve the system.

It was not that long ago, a year or so ago, when we had huge backlogs in processing individuals who were in Canada as live-in caregivers. After they met the requirements, they would wait years before their applications were actually processed.

We have a government that has been very proactive on the immigration file. An excellent example of that is the live-in caregiver program. Now we see live-in caregiver processing being done within the year. That is an amazing difference from what it was when Stephen Harper was the prime minister of Canada.

We now have a program that allows more of the types of cases being accepted. This government is moving forward on these very important issues. It was a Liberal administration that created the live-in caregiver program. Prior to that, people came in under a working visa, and then after the working visa expired, they would go back and then apply.

This whole program was initiated by a Liberal administration. The Minister of Immigration, Refugees and Citizenship has been proactively improving the program and meeting many of the needs about which the member across the way has talked.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

May 10th, 2018 / 3:40 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I did not hear a question, but let me say this.

With respect to the changes in the program, there is some welcome news. I held many round tables with caregivers. In fact, I had people literally crying, telling me they had been in the system for 10 years and had been waiting for their cases to be processed, and still no action.

I brought this up with the previous minister, John McCallum, and with the current minister. I have held press conferences, and so on. The minister announced a 12-month processing time. I was at that press conference. The minister cited the case, which I brought to the minister's attention, of Joy who after 10 years had finally had her case processed. He cited why that was wrong, and then he made the changes.

I am glad some messages are being heard by the government on this front. I am asking for this one piece. The government has brought in a policy to address the issue of discrimination on the basis of disability. This new policy needs to apply to those cases that were just recently rejected, those people who have waited for 10 years to be reunited, only to be assessed under the old rule with the new rules just around the corner. They will not be able to bring their families here under the old rule.

If we open those cases, we will allow for those families to have an opportunity to be reunited. If people are worried about opening the floodgates and about there being thousands of cases, that will not happen. The officials said that in a given year we would be looking at about 400 cases. It is not that many, and it will make such a difference in the lives of those people.

I urge the government to do the right thing. We can continue to work on this file. I will continue to push for section 38(1)(c) to be repealed, but in the meantime, let us do something for those families that have suffered so much already, to make their lives better and to make those hardships mean something, so they can have their families here, reunited with them, making Canada their home.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:45 p.m.

Acadie—Bathurst New Brunswick

Liberal

Serge Cormier LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, thank you for giving me the opportunity to participate in this debate. On behalf of the government, I would like to begin by thanking my Standing Committee on Citizenship and Immigration colleagues for their work and diligence in producing this report. I would also thank the many witnesses who appeared before the committee for the time and effort they put into sharing their viewpoints, analyses, and recommendations.

Our government reviewed the key aspects of medical admissibility and excessive demand to ensure that our policies are in line with our country's modern values. The report includes a number of important recommendations that helped inform the conclusions of the review. Our government's objective is to strike a balance between protecting state-funded health and social services and promoting the humanitarian goals of Canada's immigration system.

Under the excessive demand policy, applicants who are likely to create a greater burden on our health or social services than the average Canadian are deemed inadmissible to Canada. However, the policy was no longer consistent with modern values on accessibility and inclusion for persons with disabilities. Under the policy, immigration officers review applications on a case-by-case basis in order to determine the potential impact on health or social services by assessing the services required by the applicant, the cost of those services, and the impact on the waiting lists. Recently, some determinations made under the current 40-year-old policy raised a lot of concerns. For example, there were a certain number of eligible applicants who were initially deemed inadmissible to Canada because their children, for instance, had Down's syndrome or autism, or were developmentally delayed.

In 2018, Canadians can see that such decisions are inconsistent with society's view on inclusion and diversity, as well as on the contributions made by people with disabilities and their families. Canadians see these services as investments that allow for the participation and inclusion of people with disabilities, which contributes to making our society more diverse and even stronger.

We also recognize that, when qualified applicants are found inadmissible because a member of their family has a disability, we are missing out on skills that could benefit our country and its economy. That is why we must now make our policies more equitable and foster the inclusion of people with disabilities while continuing to protect government-funded health and social services.

As I said, Immigration, Refugees and Citizenship Canada reviewed the provision that was raised by the committee and my colleagues. As part of that process, our government sought the opinions of stakeholders, including advocates for people with disabilities, and our provincial and territorial counterparts. The committee's recommendations made a significant contribution to this review and helped our government to come up with a new approach and implement a policy that will stand the test of time.

As per the committee's recommendations, our government is making significant changes to the existing policy. These include removing special education services, social and vocational rehabilitation services, and personal support services from the factors taken into consideration in the current policy. This will help strike a better balance between the fair treatment of people with disabilities and the protection of government-funded health and social services, which will be good for applicants who have children with disabilities and others who need those services.

Our government has also tripled the cost threshold for excessive demand. This measure will remedy the fact that the current policy sometimes prevented the arrival of newcomers with relatively low costs who would otherwise contribute to Canada. This measure will enhance fairness by facilitating immigration for applicants with health problems that usually require a limited range of health and social services that are relatively inexpensive.

Based on our government's assessment, which was shared with our provincial and territorial counterparts, this will have a minimal impact on health care systems. These cases represent less than 0.1% of all Canadian health expenditures. At the same time, it will permit the entry of several hundred applicants who, under the current policy, would be refused entry to Canada.

The excessive demand provision does not apply to some categories of applicants, such as refugees and certain members of the family class. The provision mainly affects applicants in the economic class, or those people we invite to Canada because the economy needs their skills.

Our government recognizes that people with very high medical expenses that exceed the threshold I mentioned could have a disproportionate effect on provincial and territorial health care systems.

This is why, before taking any measures other than the ones I described, our government will consult the provinces and territories about the impact of the Standing Committee on Citizenship and Immigration's recommendation to repeal the excessive demand provision.

Our government will start a rigorous data-collection and data-analysis process, share the results with our provincial and territorial partners, and continue to engage our partners to guarantee an effective implementation of the policy changes that I described. We will also monitor the impact of these changes.

This process will also give our government additional information so that we can draw conclusions on the impact of fully eliminating the excessive demand provision. We will develop a policy based on this evidence.

We are also monitoring the ongoing effects of the excessive demand provision and the policy on its work, its clients, and on the provinces and territories. The committee recommended that a full parliamentary review be conducted every three years once these changes are implemented, and representatives would be pleased to accommodate the committee if it wants to conduct such a review.

In my remaining time, I would like to address some of the committee's recommendations regarding the administration of the policy. Once again, the government welcomes the committee's advice on ways to improve administrative measures, for example, and the customer experience, and will implement some of those measures to reach these objectives very quickly.

We are currently centralizing all applications that fall under this policy within a single office in Canada for more efficient processing. This measure will ensure more consistent and effective decision-making, since one team will be dedicated to decision-making with respect to excessive demand.

Our government also agrees with the committee's recommendations regarding proper training for immigration officers and the doctors responsible for decision-making. Our government will review the options for supplementing or adapting the existing training, to ensure that it is more in sync with the changes made to the policy.

Our government will also conduct an expert analysis of the methodology used to set the excessive demand threshold and will present the formula to applicants and the Canadian public in the interest of transparency. Because of the change resulting in certain services no longer being included under the revised policy, the IRCC will revise the cost threshold.

In summary, our government is committed to making sure that the policy on accessibility and immigration applicants continues to recognize the need to protect health, education, and social services, while treating all applicants equally. The changes our government is making to the excessive demand provision will strike the appropriate balance and be reflective of the modern values of an inclusive country for persons with disabilities.

I want to reiterate that the committee's report makes a very valuable contribution to our government's efforts to carry out a fundamental review of the excessive demand policy, and we agree with its intentions. The recommendations it sets out are constructive, well-informed, and extremely useful. Again, I wish to thank the committee members for their work.

Our government appreciates their ongoing efforts in this area and their interest in ensuring that our immigration system continues to adapt and evolve to keep pace with the modern values of Canadian society.

I am pleased to have had the opportunity to talk about this important issue. Again, we want to take our time in order to take a balanced approach. We want to consult the provinces and territories and the various stakeholders to ensure that we may one day be able to eliminate the 40-year-old excessive burden policy.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:50 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I have a simple question for the parliamentary secretary. In my speech, I asked whether the government would consider applying the new policy to recently rejected cases, those individuals, let us say, who in the last 12 months had been rejected. Instead of making them go through a new application process, could their cases be reopened and allow for that assessment under the new rules?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:55 p.m.

Liberal

Serge Cormier Liberal Acadie—Bathurst, NB

Mr. Speaker, I thank my colleague for her question.

Once again, this policy is 40 years old. We have improved it a little and we want to make other improvements. What I can tell the member is that the new policy will apply to cases currently in the system. We will have discussions with the department to ensure that other cases can be assessed in a different manner.

I wish to assure the member that cases currently in the system will be assessed under the new policy, and we want to ensure that this policy reflects the needs of persons with disabilities in the country. That is why we tripled the cost. With regard to the applications, we have also removed certain provisions such as rehabilitation services, for example. We believe that more people will be able to come to Canada as a result of this new policy. We will continue to work collaboratively with everyone to ensure that this policy is eliminated altogether in the future.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:55 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, my question for the parliamentary secretary is simply whether or not the government intends to vote to concur in the report.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:55 p.m.

Liberal

Serge Cormier Liberal Acadie—Bathurst, NB

Mr. Speaker, I thank my colleague for her question.

Once again, I believe that the changes we have made to this policy are a step in the right direction because they update a 40-year-old policy. We have accepted the recommendations of certain groups who asked that we review this policy. We have tripled the cost threshold. We have removed services such as rehabilitation services, or services that were no longer required in the assessment of certain applications.

We will continue to work closely with the provinces and territories to ensure that we have sound and reliable data in order to completely eliminate this policy in the future. That is our goal. The minister repeated this several times. We will work together to ensure that we achieve this goal.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:55 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I acknowledge that the minister's office sent my office an email this past Sunday night in answer to the question I put to him about whether or not the new policy would apply to existing cases. I got the email Sunday night affirming that this would be the case. I am happy with that and I thank the minister for that decision.

My question here is very specific. For the cases that have just recently been rejected, such as the case of Shirley, who only just saw her case rejected as recently as March of this year, I am asking whether or not the government will allow for the reconsideration of these cases under the new rules.

It makes a big difference to this family, because if they have to reapply under the humanitarian and compassionate grounds process, or any other stream. It would mean that their children, who are older, will have aged out and would not be able to become part of that application.

Those families have waited for 10 years to be reunited and they would have been approved under this new policy. If we make them put in a new application, they will lose one of their children and will have to leave that child behind. That is wrong. I hope the member would agree that it is wrong. I hope the government would agree that it is wrong. My question is this: will the government apply the new rules to the recently rejected cases?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

3:55 p.m.

Liberal

Serge Cormier Liberal Acadie—Bathurst, NB

Mr. Speaker, as I said in my speech and as I repeated to my colleague, the cases currently in the system will be analyzed and reviewed in accordance with the new policy. It will not be retroactive, but claimants may file a new application under the new policy.

We think that these people will greatly benefit from the new measures in the revised policy, such as tripling the cost of certain services or eliminating some rehabilitation and other services. They will likely be approved as a result of this new policy and our new measure. I am happy to discuss this point with my colleague at any time.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

4 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I accept that, with this exception, and I hope the member understands the difference. For those families that have to reapply under the new rules, the older children, those who are older than 21, will have aged out. They will not qualify to be part of that family unit. That is the difference. That is the point I am trying to get at: to not bring in new policy to qualify these individuals, only to then break the family up, because that is what will happen if the government makes those individuals make a new application. It would break the family up, because the older children will have aged out and cannot be part of the application process.

If the intent is to allow for them to apply anyway, why not make them whole and allow for those families to come together as a unit simply by reopening their cases for reconsideration? I am not talking about retroactive for 30 years; I am only talking about the recent cases, of which, according to the officials, there are no more than 400 in a year on average.