By Norma Greenaway, Canwest News ServiceMarch 28, 2010
Read more: http://www.montrealgazette.com/news/Ottawa+unveil+proposals+reform+refugee+system/2737289/story.html#ixzz0jXKTE3Hl
OTTAWA — Immigration Minister Jason Kenney will unveil long-awaited proposals to reform Canada’s refugee system this week in what he has portrayed as a serious bid to speed the approval process for legitimate asylum-seekers while clamping down on abuse of the system.
Kenney plans a two-day roll out of the proposed initiatives, beginning Monday at a news conference at the Catholic Immigration Centre in Ottawa. On Tuesday, he is expected to introduce the legislative package to implement the changes, his office said Sunday.
Among other things, the package is expected to speed the initial handling of refugee applications by using trained federal civil servants to do the initial assessment, as opposed to the current system where applications are heard by a one-man refugee board. It would be part of a new system to fast-track applications from a list of so-called “safe” countries where human and democratic rights are deemed to be honoured.
Officials say the new system would still provide asylum from such “safe” countries to citizens who can demonstrate they are persecuted. They say the government has taken into account that women, gays and lesbians and other minorities can face persecution even in democracies.
The “safe” country idea is among the most controversial of the measures that will likely be proposed this week. The Liberals have indicated they are open to the idea, but the New Democrats and Bloc Quebecois are opposed.
The reform package is likely to generate fierce debate in the minority Parliament and across the country, with several refugee organizations vowing to dig in to keep the system as open and fair as possible. One of the big questions hanging over Kenney’s head is how much money the government is willing to earmark for the changes, including a stepped up effort by the Canada Border Services Agency to make sure rejected claimants are removed quickly from Canada.
Kenney has said the government is determined to come up with a system that will speed the 18 to 20 months it now takes for asylum claims to be heard, thereby reducing the 60,000 backlog in claimants still waiting to get their day before the Immigration and Refugee Board. The legislation will still allow claimants to resort to the courts if the board rejects their claim, but it is expected to reduce some of the appeals avenues.
The legislation caps a months long campaign by Kenney to persuade Canadians the system is broken, and overly generous to “bogus” claimants, as he puts it. Canada accepts about 40 per cent of all claims, a higher percentage than many other industrialized countries.
Kenney brought attention to what he called a major flaw in the system when he decided last summer to force visitors from Mexico and the Czech Republic to obtain visitors visas before entering the country after there was a sharp spike in refugee applications from Mexicans and Czech citizens as soon as they landed in Canada. He has warned the numbers coming in from Hungary also are unacceptably high, but so far has refrained from requiring visitors to have visas before arriving.
Read more: http://www.montrealgazette.com/news/Ottawa+unveil+proposals+reform+refugee+system/2737289/story.html#ixzz0jXKfOAgQ
Proposed regulatory changes amending the Canadian temporary foreign worker program
Canada
March 23 2010
Seyfarth Shaw LLP logo
Citizenship and Immigration Canada (CIC), in cooperation with Human Resources and Skills Development Canada (HRSDC) and the Canada Border Services Agency (CBSA), has proposed amendments to the Immigration and Refugee Protection Regulations. Among the proposed regulations are four main regulatory changes that, if enacted, would dramatically alter the existing Temporary Foreign Worker Program (TFWP).
1. The TFWP would be amended to clarify the process for and establish the factors to be considered in assessing the genuineness of all offers of employment.
The proposed regulations provide a set of criteria by which immigration officers may assess the genuineness of an employment offer. The proposed regulations also clarify that genuineness will be assessed in all offers of temporary employment where an employer-specific work permit (as opposed to an open work permit) is required. Currently, there are no established factors by which an immigration officer may consider the genuineness of a temporary employment offer. However, before an officer can issue a work permit, he or she must be satisfied that there is an actual job opportunity for the applicant, that the employer is able to employ the applicant, and that the applicant is qualified and able to fill the proffered position.
Making a determination that a temporary employment offer is genuine will hinge on the following factors:
* Whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made;
* Whether the offer is consistent with the reasonable employment needs of the employer;
* Whether the terms of the offer are able to be reasonably fulfilled by the employer; and
* Consideration of the past compliance of the employer with federal or provincial laws that regulate employment in the province in which it is intended that the foreign national work.
2. Noncompliance would subject an employer to a two-year period of ineligibility to access the TFWP, as well as public notice of such ineligibility.
If it is determined that an offer of employment is not genuine (i.e., where an employer has been found to have provided significantly different wages, working conditions, or occupation than what was offered), the employer will be subject to a two-year bar from accessing the TFWP. Hence, the employer will be precluded from hiring any foreign nationals in Canada for a period of two years. In determining whether the bar will apply to a particular employer, the assessment would be undertaken at the time of the application or request and take into account any employment of temporary foreign workers in
the immediately preceding two years. In addition to being barred from use of the TFWP for the next two years, the employer’s name, address, and period of ineligibility to access the TFWP would be posted on CIC’s external website for public viewing. Please note that this determination of ineligibility will be made by the officer processing the application.
3. Work permits, with certain exceptions, would be issued for a maximum of four years in duration, followed by a period of six years in which the temporary foreign worker would not be authorized to work in Canada before a subsequent work permit could be issued.
Temporary work permits in Canada will only be issued for four years and will be truly “temporary” in nature. Once the fouryear maximum is reached, the foreign worker will be prohibited from seeking an extension or subsequent work authorization for a period of six years. The exception to this rule would be for foreign workers who perform work pursuant to an international agreement between Canada and one or more countries, such as NAFTA.
4. Established expiration dates for Labour Market Opinions (LMO)
According to the proposed regulations, HRSDC would be required to establish a period of time during which the LMO is in effect. The impact of such an expiration date would require employers to apply for a work permit for an employee within a specific time period or the employer would be required to request a new LMO.
Finally, these regulatory amendments would be applied prospectively; that is, they would apply only to those requests received by HRSDC and to applications received by CIC on or after the date on which the regulatory amendments come into force. It is expected that these regulatory amendments will come into force within the next six months.
March 23 2010
Seyfarth Shaw LLP logo
Citizenship and Immigration Canada (CIC), in cooperation with Human Resources and Skills Development Canada (HRSDC) and the Canada Border Services Agency (CBSA), has proposed amendments to the Immigration and Refugee Protection Regulations. Among the proposed regulations are four main regulatory changes that, if enacted, would dramatically alter the existing Temporary Foreign Worker Program (TFWP).
1. The TFWP would be amended to clarify the process for and establish the factors to be considered in assessing the genuineness of all offers of employment.
The proposed regulations provide a set of criteria by which immigration officers may assess the genuineness of an employment offer. The proposed regulations also clarify that genuineness will be assessed in all offers of temporary employment where an employer-specific work permit (as opposed to an open work permit) is required. Currently, there are no established factors by which an immigration officer may consider the genuineness of a temporary employment offer. However, before an officer can issue a work permit, he or she must be satisfied that there is an actual job opportunity for the applicant, that the employer is able to employ the applicant, and that the applicant is qualified and able to fill the proffered position.
Making a determination that a temporary employment offer is genuine will hinge on the following factors:
* Whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made;
* Whether the offer is consistent with the reasonable employment needs of the employer;
* Whether the terms of the offer are able to be reasonably fulfilled by the employer; and
* Consideration of the past compliance of the employer with federal or provincial laws that regulate employment in the province in which it is intended that the foreign national work.
2. Noncompliance would subject an employer to a two-year period of ineligibility to access the TFWP, as well as public notice of such ineligibility.
If it is determined that an offer of employment is not genuine (i.e., where an employer has been found to have provided significantly different wages, working conditions, or occupation than what was offered), the employer will be subject to a two-year bar from accessing the TFWP. Hence, the employer will be precluded from hiring any foreign nationals in Canada for a period of two years. In determining whether the bar will apply to a particular employer, the assessment would be undertaken at the time of the application or request and take into account any employment of temporary foreign workers in
the immediately preceding two years. In addition to being barred from use of the TFWP for the next two years, the employer’s name, address, and period of ineligibility to access the TFWP would be posted on CIC’s external website for public viewing. Please note that this determination of ineligibility will be made by the officer processing the application.
3. Work permits, with certain exceptions, would be issued for a maximum of four years in duration, followed by a period of six years in which the temporary foreign worker would not be authorized to work in Canada before a subsequent work permit could be issued.
Temporary work permits in Canada will only be issued for four years and will be truly “temporary” in nature. Once the fouryear maximum is reached, the foreign worker will be prohibited from seeking an extension or subsequent work authorization for a period of six years. The exception to this rule would be for foreign workers who perform work pursuant to an international agreement between Canada and one or more countries, such as NAFTA.
4. Established expiration dates for Labour Market Opinions (LMO)
According to the proposed regulations, HRSDC would be required to establish a period of time during which the LMO is in effect. The impact of such an expiration date would require employers to apply for a work permit for an employee within a specific time period or the employer would be required to request a new LMO.
Finally, these regulatory amendments would be applied prospectively; that is, they would apply only to those requests received by HRSDC and to applications received by CIC on or after the date on which the regulatory amendments come into force. It is expected that these regulatory amendments will come into force within the next six months.
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