The following is collected and archived by CND-Canada. If you have any questions regarding the following information/message, please contact the original sender(s) listed below. Thank You. China News Digest - Canadian Regional Services (Bo Xiong) --------------- Date: Fri, 23 Sep 1994 19:00:41 EDT Reply-To: FCSSCN-L stands for FCSSC News Release Sender: FCSSCN-L stands for FCSSC News Release From: Yong Jiang Subject: FCSSC News Release 6-07, Friday, Sept. 23, 1994 ******************************************************************** * Federation of Chinese Students and Scholars in Canada * * FCSSC News Release 6-07 Friday, September 23, 1994 * ******************************************************************** Table of Contents # of Lines ============================================================================ 1. Government Officials' Plans for Changes to Canadian Citizenship and Immigration (Sept. 15, 1994) ============================================================================ ---------------------------------------------------------------------------- 1. Government Officials' Plans for Changes to Canadian Citizenship and Immigration (Sept. 15, 1994) ---------------------------------------------------------------------------- Fwded by: Zhu Yuchen Sat Sep 17 14:10:00 1994 THE FOLLOWING IS THE TEXT OF A DOCUMENT WHICH THE CANADIAN BAR ASSOCIATION ONTARIO CITIZENSHIP AND IMMIGRATION SECTION RECEIVED FROM A NON-GOVERNMENT SOURCE. FROM DISCUSSIONS WITH GOVERNMENT OFFICIALS AND REPORTERS, IT APPEARS THAT THE DOCUMENT IS A GOVERNMENT PAPER OUTLINING ITS PLANS TO OVERHAUL CANADA'S IMMIGRATION AND CITIZENSHIP LEGISLATION, REGULATIONS, POLICIES AND PROCEDURES. THE DOCUMENT INDICATES THAT THE GOVERNMENT PLANS SWEEPING CHANGES. THE CANADIAN BAR ASSOCIATION ONTARIO CITIZENSHIP AND IMMIGRATION SECTION CAUTIONS THAT THE DOCUMENT MAY NOT REFLECT THE GOVERNMENT'S FINAL POSITION. NEVERTHELESS, IT IS LIKELY THAT THE DOCUMENT WILL NOT BE FAR FROM THE GOVERNMENT'S FINAL POSITION. OVERVIEW The public consultations and program review lead to proposals for significant change. Public consultations The key messages arising from the public consultations are that: - the contribution made by the immigration program to Canada's economic and social development must be more evident; - the immigration program is too costly and taxpayers are less willing to bear these costs, especially in this time of increasing economic pressures; - Canada should only accept as many immigrants as it can afford, and which can be effectively absorbed into Canada's economy and society (immigrants must be less dependent on social services and more rapidly integrated into Canadian society); - there is a sense that the immigration program is out of control; - immigrants need to be better selected, greater control over our borders is needed and enforcement activities should be increased and enhanced; - many Canadians are concerned that their society is becoming increasingly fragmented. Immigrants bring with them their culture and language. Maintaining their traditions often sets immigrants apart from other Canadians, potentially contributing to the feeling that the country is a loose collection of parts rather than a cohesive whole. Program review The conclusions resulting from program review are that: - for the most part, the elements of the immigration program pass the key Masse tests; i.e. immigration is a federal responsibility and there is a legitimate role for government; - the efficiency of immigration programs and services can be improved through the streamlining of systems, technological advances, etc. - the immigration program can be managed more effectively through partnerships with the provinces, traditional stakeholders, and increasingly, with the general public; and, - the immigration program should withdraw from a few areas which are not effective in promoting the government's objectives, e.g live-in caregiver program.Proposals were developed in five broad policy areas to respond to public concerns and to the overall government objectives and government concern for partnership, efficiency and affordability. FIVE POLICY AREAS A. Economic Growth and Jobs Historically, the immigration program has contributed significantly to Canada's economic development. Recently, the economic benefits of immigration have been less evident to many Canadians. Changes to the immigration program can ensure that immigration fosters economic growth and employment creation. Immigrants will be selected with the objective of furthering Canada's progress toward economic renewal. Immigration will support the development of human capital, boost productivity, promote provincial and regional development, and respond to employers requiring specific skills. Initiatives: (a) Business (1993 - 32,529) The purpose of the business program was to promote economic growth in Canada. Its was focused on attracting persons with venture capital, business acumen and entrepreneurial skills, and through them, to achieve increased access to foreign markets. Criticisms of the program include that it is open to abuse and is tantamount to selling visas, both of which undermine Canada's international credibility. The business program does, however, have the potential to fulfil its original purpose with the improvements outlined below. - improve selection - introduce a federal standard, including a business track record; - net design of investment funds to directly support federal objectives and enhance economic impact; - allow for provincial "customization" beyond federal standards; - raise minimum investment requirement for entrepreneurs; and - eliminate tax shelters (offshore trusts).These changes will not silence the accusations that we are selling visas. They will, however ensure that Canada benefits from the program and eliminate the opportunity for abuse. (b) Independent (1993 - 43,663) Independent immigrants are selected for their potential to contribute to Canada and bring with them valuable skills. The current point system focuses on specific occupations and has failed to meet Canadian needs. In addition, it may contribute to the perception that immigrants take jobs from Canadians. The changes proposed below will ensure that the independent class makes a greater contribution to Canada's economic growth. improve selection - shift focus from intended occupations to indicative of potential for long term success (education, experience, language, age, personal suitability/employability); implement a targeted and active promotion and recruitment plan tailored to meet provincial and national economic needs; streamline employment authorizations for foreign workers and reduce restrictions for spouses; and respond better to the needs of provinces and employers. (c) Family class (1993 - 110,096) The definition of family for sponsorship purposes includes father and mother, and any children who are mainly dependent upon the father or mother for support due to age or disability. In addition, other relatives receive an additional 5 points for having relations in Canada but are not eligible for family sponsorship. While the rate of sponsorship breakdown is not high, it currently costs the Canadian taxpayer $700 million. Consequently, ways of ensuring that newcomers are not adding to the financial burden of Canadians are required. The changes outlined below will address this issue, without diminishing the importance of family reunification: - bond to secure sponsorship undertakings; - create nuclear family class: spouses and dependents - processed from abroad on demand without limits, 6 month time frame for routine cases, - formalize by regulatory amendment the processing of spouses in Canada; - create new immediate family class which would include parents, grandparents, brother and sisters. In addition to applying more stringent sponsorship requirements, these individuals will be subject to some selection criteria; and - limits on immediate family class. (d) Family business This program was established to respond to a need identified by new Canadians who want trusted individuals, i.e. family members, to work in the small businesses they have started. A recent assessment reveals that the program has few advantages. It will, therefore, be abolished. (e) Live-in caregivers This program was established to meet a need that could not be met domestically, i.e. the need of some Canadian families for a live-in caregiver. Canada is the only country in the world to systematically grant permanent resident status to caregivers . In April 1992, the required education level for this class was raised. This, coupled with the current state of the economy has led to a marked decrease in this category. A recent analysis demonstrates that those admitted under this program do not adjust well. In addition, the cost benefit of the program does not favour its continuance. Consequently, the live-in caregiver program will be cancelled. B. Canada's Humanitarian Mission Canadians are supportive of Canada's international humanitarian efforts. They are seeking assurances that Canada is pursuing the most effective means of dealing with international migration and refugee issues. They also want Canada' s international responsibilities to be balanced with resulting domestic issues to ensure that the country's best interests are being served. The revitalized immigration program will uphold Canada's humanitarian commitments by focusing on enhancing international cooperation to address the root causes of migration, while maintaining our commitment to those seeking asylum in Canada and to those identified for resettlement from abroad. Initiatives: - continue to respond humanely to the world refugee crisis and to honour international obligations by working cooperatively with national and international agencies and organizations, funding cooperative efforts of UN, NGOS and other nations and pursuing responsibility sharing agreements with other countries; - separate the refugee program from the immigrant program (selection criteria and funding will not be linked to other immigration streams and the levels will be managed separately); - streamline and reduce costs of in-land refugee and humanitarian and compassionate determination processes: - make humanitarian and compassionate determination available at front end and throughout process, through defined class; - move risk assessment to front end - performed by IRB prior to CRDD hearing; - replace 2 member panel with single GIC appointee; - appeal on merits to be heard before one member with possibility of oral hearing by new Refugee Appeal Division of IRB; and, - replace the CRDD GIC appointee with a public servant. - emphasize protection of the individuals v. skills and abilities; - strengthen partnerships with UNHCR, NGO'S and provinces with respect to selection, processing and settlement; - total numbers of refugees accepted from abroad and in Canada reflect anticipated costs and available federal/ngo resources; and - give priority to integration of in-Canada refugees. C. Protection of Health and Safety Canadians see Canada as a non-violent, honest, fair and tolerant society whose members expect freedom and personal safety. But many Canadians are no longer confident that the immigration program can help to preserve the characteristics which are so much a part of their national identity. Amendments to the control and enforcement provisions of the Immigration Act currently before Parliament and other initiatives will, to the extent to which resources can be effectively targeted, ensure maximum protection of the health and safety of Canadians and Canadian institutions. Additional amendments to the Immigration Act and a new Citizenship Act will enhance our ability to control our borders and take enforcement action where necessary. Initiatives: - partnerships with other government departments and the non-governmental sector to achieve technological advances in collection and sharing of information, e.g. improvements to the CPIC to enhance information collection and sharing; - change administration of the quasi judicial inquiry and review process to increase benefits and reduce.costs, e.g. adopt a framework consisting of a single decision-maker rather than a two member panel; - legislative amendments allowing judges to authorize removal after time served at the time of sentencing; - privatize interim health care for recent immigrants and others, consistent with the Canada Health Act; - broaden administrative decision making to reduce costs of quasi-judicial decision-making process, e.g. have in-Canada criminal cases involving out of Canada criminality, loss of permanent resident status and detention reviews dealt with by Senior Immigration officers; - continue reorientation of investigation, detention and removals process; and, - review approach to prosecutions with RCMP to clarify issues related to efficiency and affordability. D. Newcomers and New Canadians Effective integration of immigrants is the key to realizing the economic and social benefits of immigration and to ensuring that newcomers participate fully in Canadian society. It is also a primary factor in fostering a tolerant society; one which sincerely welcomes people from different races, cultures and religions. It is widely acknowledged by those consulted that the immigration and citizenship programs have traditionally been based upon the principles and values which Canadians cherish and have been positive forces in Canada's social development. Many Canadians are concerned, however, that their society is becoming fragmented and that cultural and religious diversity in immigration may be exacerbating this problem. They are demanding a more cohesive and comprehensive approach to government programs that will pursue collective goals and preserve the fundamental principles to which Canadians adhere. In addition, they are calling for greater immigrant integration at an increased pace. Yet, the willingness of Canadians to shoulder the high public costs associated with integration is declining. They want to ensure that Canada is accepting only as many immigrants as it can afford. The immigration program can address these concerns and meet the public's demands through greater coordination in the delivery and provision of integration services and through a new Citizenship Act. Initiatives: (a) Integration - economic immigrants - see above re improved selection - family - see above re: improvements to sponsorship undertakings - refugees - see above re: refugee integration - Closer working relationships with respect to the provision of integration programs and services will be pursued with the provinces and the non-governmental sector resulting is more effective integration at a reduced cost. (b) New Citizenship Act - increase value of citizenship by introducing clearly defined, carefully assessed eligibility criteria and revised security and criminal prohibitions; - promote active and good citizenship; - streamline processing system; and, - full cost recovery. RESOURCE IMPLICATIONS Commitments made in March: - examine potential for further cost recovery revenues and the role they could play in funding the immigration program; - evaluate the potential to introduce user pay concepts, including loans, to all immigration contribution programs; and - review opportunities in the refugee determination process for more cost effective solutions for processing refugee claimants. Resource implications of current proposals: - "border crossing fee" for visitors; - "settlement fee" for all adult immigrants admitted in family and economic components LEGISLATIVE AND REGULATORY AMENDMENTS - New Citizenship Act - Amendments to Immigration Act - Control and enforcement Initiatives - Humanitarian Initiatives - Regulatory changes to implement specific changes - Other legislative changes Criminal Code Revenue Privacy and Access to Information Acts COMMUNICATIONS STRATEGY All of the government's objectives, and the issues and questions raised in the public consultations and program review will be addressed in this submission. The recommendations contained in the documents (ten year immigration framework, five year levels plan, backgrounder on Citizenship Act, plan to manage costs and a control and enforcement plan) will allow us to manage our demographic growth in a manner that recognizes we have a new and emerging economy that requires new skills; - ensure that immigration levels reflect the absorptive capacity of the nation given unprecedented economic change; - ensure that immigrants continue to have the resources, support and tolls for rapid integration through increased program coordination and efficiency; - ensure that sponsors will be obliged to live up to their commitments; - through a new Citizenship Act, proclaim our collective role in nation-building; - help newcomers become active participants in Canadian society (the new Citizenship Act will reflect values and traditions that Canadians share and will clearly define the rights and responsibilities for all Canadians); - honour Canada's commitment to humanitarian assistance in a manner that ensures we help those who need help most; - establish new partnerships and technology to offer unprecedented opportunities to better manage the immigration system and share information; and, - implement control measures and new procedures to speed up decision-mating and ensure that required information is accessible to those charged with protecting the integrity of the system and enforcing our laws. TIMING October 27 - Announcement of immigration levels plan 1995 -- Legislative and regulatory amendments FOUR PRONGED STRATEGY Four pronged strategy has been developed to address government objectives and conclusions of public consultations and program review: - Levels Plan - New Citizenship Act - Effective Control and Enforcement Initiatives - Managing Costs LEVELS PLAN A. FRAMEWORK Set annual level consistent with number of available applicants and component objectives; work towards 18 commitment consistent with state of the economy: - overall level and component limits are ceilings not targets; - failure to achieve limit in economic does not justify increase in family. - Separate refugee & immigration streams: manage refugees/humanitarian classes separately to affirm humanitarian tradition; recognize responsibilities to integration of in-Canada refugees; enter into agreements to share responsibility for refugee determination; and take leadership internationally to address root causes and mitigate world migration flows. - Manage mix (immigrant components) to achieve an affordable and publicly acceptable immigration program: improve quality of economic classes (skilled worker and business immigrants) and increase proportionate share through targeted promotion and recruitment; limit skilled worker admissions to reflect ability of labour market to absorb; widen eligibility for family but limit total family admissions - make sponsorship responsibilities meaningful; and balance family and economic admissions. B. 1995 LEVELS PLAN 1995 and 1996 will be transition years as the effects of current initiatives will be felt gradually: - total immigration (200,000) and mix for 1995 will reflect changes made in 1992 and domestic and international economic trends, i.e. narrowed definition of family and reduced business immigration - in 1996, the effects of active business recruitment and changes to family immigration w begin to appear. Total immigration will not, however, increase significantly. Current proposals will begin to affect mix. C. SPECIFIC INITIATIVES Business - improved selection, with federal standard, including business track record; - target program to expand trade and commercial relations; - new design of investment funds to directly support federal objectives and enhance economic impact; - allow for provincial "customization" beyond federal standards; - raise minimum investment requirement for entrepreneurs; and, - eliminate tax shelters (offshore trusts). Skilled - improved selection -- shift focus from skills to indicative of potential for long term success (education, experience, language, age, personal suitability/employability); - provinces given opportunity to select limited number to meet economic objectives; - expeditious processing to meet immediate need of provinces and employers; and, - targeted promotion and recruitment plan tailored to meet provincial and national economic objectives and needs. - Cancel live-in caregivers - Abolish the family business class Family - bond to secure sponsorship undertakings - create nuclear family class (spouses and dependents): spouses- and dependents processed abroad on demand without limits, 6 month timeframe in routine cases, commitment to processing of spouses in Canada formalized in regulation) - create new immediate family class which would include parents, grandparents, brothers and sisters (Individuals will be subject to more stringent sponsorship requirements and selection criteria) - limits on new immediate family class - streamline refugee determination by: making humanitarian and compassionate determination available at front end and throughout process, through defined class moving risk assessment to front end - performed by IRB prior to CRDD hearing replacing 2 member panel with single GIC appointee having appeal on merits heard before one member with possibility of oral hearing by new Refugee Appeal Division of IRB replacing the CRDD GIC appointee with a public servant emphasize protection v. skills and abilities pool federal/provincial/ngo resources for all refugee categories total numbers of refugees accepted from abroad reflect anticipated costs and remaining federal/ngo resources priority to integration of in Canada refugees NEW CITIZENSHIP ACT Draft Outline I. LEGISLATIVE INITIATIVES a. Adoption Eliminate the inequity, to the extent possible between the granting of citizenship to those children born to Canadians abroad and those children adopted by Canadians abroad. b. Multiple Citizenship Introduce measures, in accordance with the Minister's decision (pending), with respect to either: i) introducing a single citizenship requirement or ii) continuing with multiple citizenship, c. Preamble Introduce measures, in accordance with the Minister's decision (pending), to include a preamble which will of necessity conform to rigid legal requirements to prevent its use as an interpretative tool with respect to the Act. The preamble would reference the core principles, and rights and responsibilities that are common in Canadian citizenship. d. Oath of Citizenship Revise the Oath to more accurately reflect contemporary Canadian reality. To be achieved by highlighting loyalty to Canada, the importance of obeying our laws and fulfilling our civic duties e. Residency Requirement Re-define the term "residency" to require a meaningful degree of physical presence for citizenship purposes (three out of the five years immediately preceding an application for citizenship) while permitting flexibility for permanent residents to meet international business or other travel requirements: f. Birth on Canadian Territory Limit the automatic acquisition of Canadian citizenship to children born to parents with legal status in Canada, i.e. Canadian citizens and permanent residents. g. Derivative Citizenship Restrict automatic citizenship rights to the first generation born abroad, unless statelessness would result. h. Knowledge of Canada and an Official Language Articulate clearly defined standards for knowledge and language requirements with Ministerial discretion on a case-by-case basis. i. Criminal and Security Prohibitions Introduce a comprehensive package of security and criminal requirements to strengthen the integrity of the Citizenship Act and ensure complementarity with the Immigration Act and Criminal Code. II. NON-LEGISLATIVE INITIATIVES a. Testing for Knowledge and Language Requirements Introduce objective, standardized procedures for assessment to ensure equitable decision making nationally, b. Citizens' Charter Develop a public education tool for distribution overseas and to newcomers and Canadians, in Canada, that outlines the rights and responsibilities of citizenship. c. Public Education/Promotion Develop partnerships with other federal departments, provincial governments and volunteer and private sectors, as appropriate, to support participatory citizenship, e.g. increase civics education for youth. III. RESOURCE INITIATIVES a. Cost-recovery Initiate cost-recovery fees to cover costs and finance improvements to the system. CONTROL AND ENFORCEMENT INITIATIVES Controlling access to Canada, initially abroad and then at the border, is the most cost effective means of protecting the health and safety of Canadians and ensuring the integrity of Canadian institutions. A number of improvements have been introduced in recent years to make more efficient use of control and enforcement resources. These measures will be built upon to achieve greater efficiency. Specifically, this objectives will be achieved by: - investing in information technology and in facilitation technology which will ultimately have the potential to generate revenue; - pursuing legislative change in the area of privacy and the exchange of information; - looking at new approaches to privatization of interim health care for recent immigrants and others; - centralizing the administration o: the medical assessment program with appropriate systems support; - examining the significance for control operations of improving the refugee determination system offshore while tightening the in-Canada determination system; - developing partnerships with the private sector in developing a technological approach to the facilitation of passenger traffic through ports of entry; - introducing a border crossing fee for travellers; - broadening administrative decision-making to reduce cost of quasi-judicial decision-making process; - eliminating duplication of judicial decision-making by quasi-judicial bodies; - continuing the reorientation of the investigation, detention and removals process; - reviewing the approach to prosecutions in consultation with the Solicitor General and the RCMP. MANAGING COSTS Reduce the cost to government of providing integration services and programs by: - introducing a settlement fee for all adults grant admitted in the family and economic components - capping federal resources for refugees resettlement from abroad, eliminating the distinction between government and private sponsorship of resettled refugees and pooling resources with provinces and NGOs to address settlement needs of in-Canada refugees as a priority Other initiatives to reduce costs - increasing share of selected immigrants and improving selection criteria reduces need for integration services - bond requirement reduces costs of sponsorship breakdown (welfare, GIS) +--------------------------------------------------------------------------+ | Executive Editor: Yao Li | +--------------------------------------------------------------------------+ | This FCSSC NR is sent to 5,000--10,000 worldwide subscribers and readers.| +--------------------------------------------------------------------------+ | To sub/unsub FCSSCN-L, send your request to LISTSERV@VM.UCS.UALBERTA.CA | | The message body should contain only one of the two commands below: | | "SUB FCSSCN-L Your Name" or "UNSUB FCSSCN-L" | | Please send technical requests to fcssc-cic@md.physics.uoguelph.ca | | Send news contributions and comments to fcssc-nr@md.physics.uoguelph.ca | | All issues of NR are on the ftp site: cnd.org:pub/fcssc/nr/nr5|nr6 | | To sign on other FCSSC public lists: | | Discu.: send "SUB FCSSCD-L Your Name" to LISTSERV@VM.UCS.UALBERTA.CA | | FHY GB: send "SUBSCRIBE FHY-GB Your Name" to listserv@cunews.carleton.ca | | CM HZ: send "SUBSCRIBE CSSADS-L Your Name" to listserv@ucalgary.ca | +--------------------------------------------------------------------------+