Part 6 of Bill C-50, which amends the Immigration and Refugee Protection Act (IRPA), addresses the legislative roots of Canada’s broken and overloaded immigration system.
Neither Canadians, nor prospective immigrants benefit from an immigration system that, due to its dysfunctional nature, forces prospective immigrants to wait for up to six years before their application is looked at, let alone processed. The current system is especially problematic, since in a few short years, all of our net labour growth will come from immigration. These systemic flaws undermine Canada’s ability to meet our immigration goals, particularly the goal of providing for Canada’s economic and family reunification needs. Urgent action is required. That is why changes to the IRPA were included in Budget 2008. Advantage Canada (2006) identified that Canada needs the most flexible workforce in the world – an issue that is critical to Canada’s future.
The continued growth of the immigration backlog, inherited from the previous government, currently stands at over 900,000 people waiting in line to come to Canada. This backlog is unacceptable. Urgent action must be taken so that the backlog can be reduced. A new and more efficient processing system is desperately needed. A system that is both responsive to the needs of newcomers and the needs of Canada. To move toward accomplishing these goals, the legislative changes contained within Part 6 of Bill C-50 are crucial.
Canada faces serious international competition in attracting people with the talents and skills we need to ensure our country’s continued growth and prosperity. Compared to the United Kingdom, Australia and New Zealand, Canada is the only country that does not use some kind of occupational filter to screen, code or prioritize skilled worker applications. Compared to other countries, Canada’s system is just not flexible enough. While Australia and New Zealand are processing applications in 6 to 12 months, if nothing is done, processing times in Canada will reach 10 years by 2012.
As more people submit applications, and our current obligation to process every application to completion remains, the backlog continues to grow and Canada’s labour shortages worsen.
The government believes that without this legislative intervention, the system is destined to collapse under its own weight.
The legislative changes contained within Part 6 constitute but one aspect of the government’s approach to addressing the problem. These legislative changes will prevent the backlog from growing. With the growth of the backlog halted, the government has also allocated additional resources to reduce the backlog. Among other things, our government has committed over $109 million over five years to bring down the backlog. Other steps that will be taken include: organizing visa officer “SWAT teams” to speed up processing in parts of the world where wait times are the longest, providing additional resources to these busy missions, helping build capacity to meet future levels and increasing demand, and coding applications in the existing backlog with the appropriate National Occupational Classification code and destination province so that applicants with the skills we need can be referred to provinces for possible selection by Provincial Nominee Programs.
Part 6 of Bill C-50, when combined with these non-legislative measures funded in Budget 2008 and beyond, will act to control and reduce the backlog and speed up processing.
Amendments & Ministerial Instructions
Prior to issuing the instructions provided for through the amendments in Part 6, the government will be required to consult with the provinces and territories, industry and government departments. These consultations will include getting assurances that if regulated professions are prioritized, commitments from provincial regulatory bodies will be obtained to ensure that individuals brought in will be allowed to work in their chosen fields soon after arrival. The instructions must respect our commitments to provinces and territories regarding the Provincial Nominee Program and the Canada-Quebec Accord.
Ministerial Instructions issued as a result of changes in Bill C-50 will not apply to refugees, protected persons or Humanitarian and Compassionate applications made from within Canada.
The legislation does not provide the Minister with the power to override or reverse individual admission decisions made by immigration officers, who by law will continue to make decisions about individual applications based on objective criteria. Canada’s immigration system will continue to be universal and non-discriminatory.
These changes will not affect the department’s annual levels plan of target ranges in each immigration category (including permanent residents, family members and refugees). The instructions will complement the objectives of IRPA: that is to support Canada’s economy and competitiveness, reunite families and protect refugees.
To be completely open and transparent, these instructions will be published in the Canada Gazette, on the Departmental website, and will be reported on in Citizenship and Immigration Canada’s annual report, which is tabled in Parliament.
Finally, ministerial instructions will be subject to cabinet approval, ensuring government-wide accountability for the decisions taken.
These proposed changes are part of a vision that involves creating a more responsive immigration system – one that allows us to welcome more immigrants while helping them get the jobs they need to succeed and build a better life for themselves and their families. Their success is our success.
Urgent action is required. Part 6, and all of Budget 2008, delivers this much needed action.
Submitted by:
Ed Komarnicki