(Sep. 25/08) Mexico, Canada and four participating provinces including Alberta, British Columbia, Manitoba and Quebec are developing a pilot project for the recruitment of Temporary Foreign Workers from Mexico to Canada within two industry sectors: construction and tourism/hospitality.
The pilot is expected to be launched late fall with the first workers arriving early in the new year. The unique feature of this particular pilot project is that Mexico’s national employment service will play a role in identifying the eligible candidates for employers, who would then make the final decision regarding potential workers.
In the first year, the objective is for 2,000 workers to be identified through this initiative and split evenly among the four provinces. Each province can expect to receive approximately 500 workers divided between the two sectors. Alberta, British Columbia, and Manitoba have confirmed the following occupations for Mexico’s recruitment: within the hotel and lodging industry: front desk clerks and housekeeping attendants; within the food and restaurant industry: cooks, kitchen helpers, food counter attendants and food and beverage servers (Manitoba only).
The pilot project will allow for workers to receive up to a two-year work permit, consistent with the Labour Market Opinion. Employers will still be required to seek a positive Labour Market Opinion from HRSDC/Service Canada, and workers will still need to apply to CIC for a work permit. Employers in Alberta and British Columbia will be asked to absorb the costs of English testing, medical assessments and work permits in exchange for their participation in the pilot.
Alberta and Manitoba officials would like to limit participation to a few employers with foreign worker recruitment experience who are willing to apply for groups of employees in the designated occupations in order to help ensure the pilot is successful.
Provincial Tourism Sector Council organizations – go2 in British Columbia and MTEC in Manitoba – have agreed to coordinate the pilot project on behalf of the Tourism and Hospitality industries in British Columbia and Manitoba. They are currently developing application processes for employers.
Alberta government officials want to move quickly and are hoping to meet with CRFA and small group of interested employers in the coming weeks to discuss next steps in the process. Manitoba officials will be setting up a similar meeting shortly.
Canada badly needs skilled immigrants
The best immigration policy is controlled immigration. That has been the practice of successive Canadian governments since the end of the Second World War.
Immigration alone can't solve the epidemic of Canada's low fertility rate. It has never been designed to solve inherently local social problems.
Canada's aging population is just at the beginning of its ascendency. Just imagine what Canada would look like without the 250,000 to 260,000 immigrants that it is getting each year.
The Canadian Federation of Independent Business released a study in 2007 saying: "Sixty-nine per cent of small businesses expect the shortage of labour to get worse, but the immigration system does not come close to meeting the needs of smaller firms." Furthermore, by 2012 all labour growth in Canada will be dependent entirely on immigration.
In fact, in 2008 the government introduced a new category for immigrants called the Canadian experience class. It targets specifically international graduates and foreign workers already in Canada who most likely acquired language skills and basic knowledge of the country. We badly need these doctors, IT specialists, engineers, retail workers and general labourers in all trades.
The government is caught between a rock and a hard place: On one side, the business community keep lobbying and pushing for an immigration system that is adaptive and reflective of the economy's needs.
And, on the other side, demographers of all stripes and social conservatives are telling the government that immigration is not a solution and may well become a problem down the road.
By as early as 2015, a recent study by Statistics Canada predicts, Canadians aged 65 and older will, for the first time, outnumber those aged 15 and younger.
Immigration alone cannot change a demographic makeup of a country in one or two generations.
Columnist Dan Gardner is right in sending the message that producing babies, changing social habits and culture are more important and urgent than depending on foreign help to solve indigenous calamity that is heading our way. He is as thoughtful, elegant and well-prepared as ever.
Elie Nasrallah,
Source: The Ottawa Citizen
Immigration alone can't solve the epidemic of Canada's low fertility rate. It has never been designed to solve inherently local social problems.
Canada's aging population is just at the beginning of its ascendency. Just imagine what Canada would look like without the 250,000 to 260,000 immigrants that it is getting each year.
The Canadian Federation of Independent Business released a study in 2007 saying: "Sixty-nine per cent of small businesses expect the shortage of labour to get worse, but the immigration system does not come close to meeting the needs of smaller firms." Furthermore, by 2012 all labour growth in Canada will be dependent entirely on immigration.
In fact, in 2008 the government introduced a new category for immigrants called the Canadian experience class. It targets specifically international graduates and foreign workers already in Canada who most likely acquired language skills and basic knowledge of the country. We badly need these doctors, IT specialists, engineers, retail workers and general labourers in all trades.
The government is caught between a rock and a hard place: On one side, the business community keep lobbying and pushing for an immigration system that is adaptive and reflective of the economy's needs.
And, on the other side, demographers of all stripes and social conservatives are telling the government that immigration is not a solution and may well become a problem down the road.
By as early as 2015, a recent study by Statistics Canada predicts, Canadians aged 65 and older will, for the first time, outnumber those aged 15 and younger.
Immigration alone cannot change a demographic makeup of a country in one or two generations.
Columnist Dan Gardner is right in sending the message that producing babies, changing social habits and culture are more important and urgent than depending on foreign help to solve indigenous calamity that is heading our way. He is as thoughtful, elegant and well-prepared as ever.
Elie Nasrallah,
Source: The Ottawa Citizen
Ottawa to unveil proposals to reform refugee system
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
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.
Feds to introduce refugee-system reforms this week
CTV.ca News Staff
Date: Sun. Mar. 28 2010 12:48 PM ET
Ottawa will introduce new legislation this week to fix what it calls a broken refugee system that delays legitimate asylum claims while allowing bogus claimants to remain in Canada through a years-long appeals process.
Immigration Minister Jason Kenney said he will introduce a bill Tuesday that will offer faster protection for real refugees while scuttling the claims of those who use the refugee system to fast-track their way into Canada.
While he declined to reveal many specifics about the legislation, Kenney told CTV's Question Period that it will "streamline" the appeals process through which claimants who have been turned down by the Refugee Board endeavour to have their claims approved.
"It's a balanced reform," Kenney said in an interview from Montreal. "It will speed up the system and give faster protection to real refugees while sending the message to the bogus claimants that you're not going to be able to use the system in Canada anymore. We're going to remove you a whole lot more quickly."
According to Kenney, his ministry faces a backlog of 60,000 asylum claims, which has led to a 19-month waiting period for a hearing or a decision.
"That's terrible for real victims of persecution," Kenney said.
The minister said the slow-moving legal immigration system attracts false claimants who use the asylum system to "jump the queue" and gain entry to Canada "through the back door."
According to Kenney, 58 per cent of asylum claimants are found not to need protection and are either rejected by the Refugee Board, or withdraw their claims.
He pointed specifically to one "European democracy" that has become the number one source country for asylum claims, saying that 97 per cent of those who say they need protection withdraw or abandon their claims. Only three of 2,500 cases from that country that went before the Refugee Board last year were accepted, he said.
While Kenney did not name the country in question in Sunday's interview, earlier this month he said Hungary has become Canada's number one source country for refugee claims, at several hundred per month.
"This is telling me that Canada, with the highest number of asylum claims in the developed world, has become a destination of choice for false refugee claimants and it's simply burdening the system," Kenney said. "Each one of those claims can cost us as much as $50,000 and four-and-a-half years before they even exhaust all of the appeals under the current, totally dysfunctional system."
Kenney also said Sunday he will be introducing legislation later this spring to crack down on dishonest immigration consultants.
"We intend to come forward with legislative changes to crack down on the bogus, unscrupulous consultants and advisers who counsel people to commit fraud, who often take money and provide no services, and many of whom counsel immigrants looking for status in Canada to make false refugee claims."
Date: Sun. Mar. 28 2010 12:48 PM ET
Ottawa will introduce new legislation this week to fix what it calls a broken refugee system that delays legitimate asylum claims while allowing bogus claimants to remain in Canada through a years-long appeals process.
Immigration Minister Jason Kenney said he will introduce a bill Tuesday that will offer faster protection for real refugees while scuttling the claims of those who use the refugee system to fast-track their way into Canada.
While he declined to reveal many specifics about the legislation, Kenney told CTV's Question Period that it will "streamline" the appeals process through which claimants who have been turned down by the Refugee Board endeavour to have their claims approved.
"It's a balanced reform," Kenney said in an interview from Montreal. "It will speed up the system and give faster protection to real refugees while sending the message to the bogus claimants that you're not going to be able to use the system in Canada anymore. We're going to remove you a whole lot more quickly."
According to Kenney, his ministry faces a backlog of 60,000 asylum claims, which has led to a 19-month waiting period for a hearing or a decision.
"That's terrible for real victims of persecution," Kenney said.
The minister said the slow-moving legal immigration system attracts false claimants who use the asylum system to "jump the queue" and gain entry to Canada "through the back door."
According to Kenney, 58 per cent of asylum claimants are found not to need protection and are either rejected by the Refugee Board, or withdraw their claims.
He pointed specifically to one "European democracy" that has become the number one source country for asylum claims, saying that 97 per cent of those who say they need protection withdraw or abandon their claims. Only three of 2,500 cases from that country that went before the Refugee Board last year were accepted, he said.
While Kenney did not name the country in question in Sunday's interview, earlier this month he said Hungary has become Canada's number one source country for refugee claims, at several hundred per month.
"This is telling me that Canada, with the highest number of asylum claims in the developed world, has become a destination of choice for false refugee claimants and it's simply burdening the system," Kenney said. "Each one of those claims can cost us as much as $50,000 and four-and-a-half years before they even exhaust all of the appeals under the current, totally dysfunctional system."
Kenney also said Sunday he will be introducing legislation later this spring to crack down on dishonest immigration consultants.
"We intend to come forward with legislative changes to crack down on the bogus, unscrupulous consultants and advisers who counsel people to commit fraud, who often take money and provide no services, and many of whom counsel immigrants looking for status in Canada to make false refugee claims."
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