“Canadian citizenship is not for sale,” said Minister Kenney. “Canadians are generous people, but have no tolerance or patience for people who don’t play by the rules and who lie or cheat to become a Canadian citizen.  The Government will apply the full strength of Canadian law to those who have obtained citizenship fraudulently.”

In July, Minister Kenney announced that Citizenship and Immigration Canada (CIC) was beginning the process to revoke the citizenship of up to 1,800 citizens who obtained it fraudulently; that number has now risen to more than 2,100.

The Department has also been working on cases of those who are not yet citizens. Nearly 4,400 people with permanent resident status who are known to be implicated in residence fraud have been flagged for additional scrutiny should they attempt to enter Canada or obtain citizenship.  The majority of these individuals are outside the country.

In typical cases, permanent residents will use the services of an unscrupulous immigration consultant to establish evidence of residence in Canada while living abroad most, if not all, of the time.  This fraud is perpetrated so that individuals can maintain their permanent residence status and later apply for citizenship.  A family of five may pay upwards of $25,000 over four or more years to create the illusion of residence in Canada.

“My department is working closely with the Canada Border Services Agency, the Royal Canadian Mounted Police, and Canadian offices abroad to prevent people who are suspected of non-compliance with the permanent residence requirement from being admitted to Canada without proving they meet the requirements and take enforcement action when necessary,” added Minister Kenney.

To date, of the 4,400 permanent residents who have been flagged, nearly 1,400 people have withdrawn or abandoned their citizenship application because of new scrutiny.

Permanent residents must acquire three years of residence out of four years to apply for Canadian citizenship.  To retain their status as permanent residents, they must be physically present in Canada for two years out of five.

“I encourage anyone who has information regarding citizenship fraud to call our tip line to report it,” urged Minister Kenney.

Cases involving false representation, fraud or knowingly concealing material circumstances in the citizenship process – for example, pretending to be present in Canada to meet the residence requirements for obtaining citizenship – should be referred to the citizenship fraud tip line at CIC’s Call Centre at 1-888-242-2100 (in Canada only, 8:00 a.m. to 4:00 p.m. local time, Monday through Friday).  Tips may also be reported by e-mail at Citizenship-fraud-tips@cic.gc.ca. Those overseas can contact the nearest Canadian visa office.

All other fraud types related to immigration should be reported to the CBSA’s Border Watch Tip Line at 1 888-502-9060.   Tips accepted by the Border Watch Tip Line include, but are not limited to, suspicious cross-border activity, marriages of convenience, misrepresentation in any temporary or permanent immigration application, or the whereabouts of any person wanted on an immigration warrant.

The Government of Canada is taking action to crack down on the actions of crooked consultants during the immigration process. Bill C-35, originally introduced as the Cracking Down on Crooked Consultants Act, came into force on June 30, 2011.  The Act imposes penalties on unauthorized representatives who provide, or offer to provide, advice or representation for a fee at any stage of an immigration application or proceeding.

“I was very concerned after a court decision in 2008 found that a Canadian citizen, who was convicted in India of killing his sister-in-law after setting her on fire, could sponsor his new wife,” said Minister Kenney. “The regulatory changes now in force aim to prevent a similar situation from happening again.”

Previously, a sponsorship application would not have been approved if the sponsor had been convicted of a crime resulting in bodily harm against a list of family members or relatives. This list has now been expanded to ensure that prospective sponsors convicted of such crimes against an expanded list of individuals, or particularly violent offences against any person, are generally not allowed to sponsor family to come to Canada for five years following the completion of their sentence.

The proposed regulatory changes were pre-published in the Canada Gazette on April 2, 2011, followed by a 30-day public comment period. The changes came into force on Friday, November 18th, are posted on Citizenship and Immigration Canada’s website and will be published in Part II of the Canada Gazette on December 7, 2011.

“Family violence is not tolerated in Canada,” added the Minister. “Someone who commits a serious crime should not benefit from the privilege of sponsorship.”

These regulatory changes reinforce the integrity of Canada’s family class sponsorship program, assist in the protection of sponsored individuals from family violence and protect the health and safety of Canadians.

The program allows provinces to choose a certain number of immigrants each year to fill labour shortages.

“One of the biggest challenges for my predecessors was such an inefficient distribution of immigrants across the country,” Kenney said

“Ninety-two per cent used to settle in Toronto, Montreal and Vancouver, even though many of the best economic opportunities and labour shortages were in (other) regions of the country.”

A decade ago, Ontario took in the lion’s share of Canada’s immigrants, with half going to Toronto and 60 per cent to Ontario as a whole. Last year, just 42 per cent went to Ontario, statistics show. More newcomers are now heading toward smaller towns and cities in the west.

For example, Manitoba’s share of immigrants has tripled to 5.6 per cent of the national total, from 1.8 per cent in 2001. In Alberta the share has nearly doubled, from 6.5 per cent in 2001 to 11.6 per cent in 2010. Similarly, in Saskatchewan the share of immigrants has increased to 2.7 per cent from 0.7 per cent a decade earlier.

None of that would have happened if provinces weren’t given expanded access to provincial nominees since the Conservatives took power, Kenney argues.

“There’s been a significant shift and I frankly think it’s good for the country,” he said. “There are regions and industries that have very serious labour shortages. And this distribution of immigrants is helping to address these problems.”

Still, Kenney says he has no plans to scrap the federal skilled worker program, which continues to run a backlog and is plagued by years-long delays for applicants.

“I think immigration is about nation-building,” Kenney said.

Kenney said the federal government has been “very generous” in accommodating the growth in provincial nominees.

“But there has to be a limit to that because I don’t think it would be right for the federal government to completely abandon its role in the selection of economic immigrants. We need to mend the skilled worker program, not end it.”

Kenney said next year the federal government will introduce a new, more “flexible” points system that will give credit to skilled tradespeople, a group previously shut out in favour of those with higher education. It will also confer points for having a job lined up in advance.

Kenney admits these changes are driven by the dramatic success of immigrants who come through the provincial systems.

“In fact, we see provincial nominees are getting significantly better incomes at least in their early years in Canada, as opposed to (federal) skilled worker immigrants.”

Provincial successes

The PNP has worked best in Manitoba, where the province has worked closely with companies and municipalities, says Peter Showler, an immigration expert at the University of Ottawa.

“Manitoba in particular has been very imaginative,” he said. For example, a program to bring nurses from the Philippines brought them in groups which created built-in social support for them. Still, Shower warns that not all temporary foreign workers get the same level of support to become permanent residents through the PNP program or otherwise. And that can leave too much power in the hands of employers.

“When you have very positive, future-looking employers, that works very well,” he said. “If you have abusive employers, they can use that as a kind of threat or control to sometimes sustain improper labour practices.”

Kenney also admits the PNP program has its flaws.

“On the periphery there are some integrity challenges. For example, low retention rates in Atlantic Canada. Some people from overseas are pretending to go to one province when in fact they had settled in Toronto or Vancouver…. So we’re working with the provinces on shoring up the nominee program.”

And Kenney says that while he can imagine further expanding of the PNP program in the future, he has his eye on those languishing in the federal skilled worker queue.

“We have an obligation to several hundred thousand people in that backlog. We cannot just shut the door on them either. So we have to work away at all these problems at the same time.”

That may explain why recently released targets for the provincial program for 2012 are almost the same as this year’s.

Currently, more than 165,000 parents and grandparents who have applied to become permanent residents of Canada are still waiting for a final decision. Each year, Citizenship and Immigration Canada receives applications for sponsorship of nearly 38,000 parents and grandparents, a number that will only continue to expand if no action is taken.

“Wait times for Family Class sponsorship applications for parents and grandparents now exceed seven years, and without taking action, those times will continue to grow, and that is unacceptable,” said Minister Kenney. “Action must be taken to cut the backlog, reduce the wait times, and ensure that the parents and grandparents program is sustainable over the long run.”

To deal with the large backlog and lengthy wait times, Citizenship and Immigration Canada is announcing Phase I of the Action Plan for Faster Family Reunification.

First – The Government of Canada will increase by over 60 percent the number of sponsored parents and grandparents Canada will admit next year, from nearly 15,500 in 2010 to 25,000 in 2012 – the highest level in nearly two decades.

Second – The government is introducing the new “Parent and Grandparent Super Visa,” which will be valid for up to 10 years. The multiple-entry visa will allow an applicant to remain in Canada for up to 24 months at a time without the need for renewal of their status. The Parent and Grandparent Super Visa will come into effect on December 1, 2011, and CIC will be able to issue the visas, on average, within eight weeks of the application. This means that instead of waiting for eight years, a parent or a grandparent can come to Canada within eight weeks. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian health-care insurance for their stay in Canada.

Third – The government will consult Canadians on how to redesign the parents and grandparents program to ensure that it is sustainable in the future. The redesigned program must avoid future large backlogs and be sensitive to fiscal constraints.

Fourth – To prevent the build-up of an unmanageable number of new applications during these consultations and to further reduce the 165,000-strong backlog of parent and grandparent applicants, CIC is putting in place a temporary pause of up to 24 months on the acceptance of new sponsorship applications for parents and grandparents. The pause comes into effect on November 5, 2011.

“The Government of Canada is fully committed to helping families reunite,”said Minister Kenney. “We recognize that what parents and grandparents want most is to be able to spend time with their families.”

“If we do not take real action now, the large and growing backlog in the parents and grandparents program will lead to completely unmanageable wait times. Through this balanced series of measures, we will be able to dramatically reduce the backlog and wait times, while the new Parent and Grandparent Super Visa will allow more family members to pay extended visits to their loved ones,”added the Minister. “We anticipate that in about two years, following our consultations, Phase II of our Action Plan for Faster Family Reunification will come into effect, ensuring that future applicants are processed quickly and that the program can operate on an efficient and sustainable basis.”

For additional information on Phase I of  CIC Action Plan for Faster Family Reunification, see the background info below.

Background:

• Phase I of Action Plan for Faster Family Reunification
• Frequently asked questions: Sponsoring your family – Faster Family Reunification

Kenney says when he is done with his multiple reforms of the system, the flow of newcomers into Canada will be predominantly young, well educated, highly skilled, and fluent in English or French. They’ll be admitted to Canada within a year of applying.

And soon after, they’ll start paying taxes because they will have lined up a job prior to arrival or should be able to find one quickly once they land.

“Where we want to be in a few years time is a flexible, just-in-time . . . system where we admit people within a year of their application,” he told reporters.

“Where people with pre-arranged job offers are given priority, because they succeed best. Where we continue to see a better geographic distribution of newcomers. And where we can more flexibly change the (acceptance) criteria based on developments in the labour market,” he explained.

“That’s where we want to go.”

But getting there is no easy amble. His critics don’t disagree with his goal, but they have qualms about how he will achieve it.

“It’s like saying ‘we want to have sun in January.’ We all want that,” NDP immigration critic Don Davies said in a telephone call from Vancouver. “He doesn’t explain how. He sets the goals but he doesn’t say how we’ll get there.”

Kenney foresees a multi-step process that will require changes to many different parts of Canada’s creaky immigration machinery.

His department has already undertaken major studies of what kind of immigrant succeeds in Canada and what kind fails. Kenney has followed up with extensive consultations and polling to find out what mix of immigration the public is willing to take.

Now comes the action. Kenney is expected to table the annual report on immigration on Tuesday. As usual, it will include his decisions about how many immigrants Canada should accept in 2012, and what kind. The report will give a range of operational targets for each type of immigrant, from foreign skilled workers to parents and grandparents. The key number is the overall number of immigrants Canada wants to let in and that number is clearly not going up despite pressure from the opposition.

Under the Conservative government, Canada has let in an average of 254,000 immigrants a year, which is high by historical standards.

While some immigration observers argue that Canada could solve its demographic imbalance, workplace shortages, family demands and backlog issues all at the same time by opening the doors to far more immigrants, Kenney rejects that idea.

“I don’t think realistically we can increase the levels of immigration in orders of magnitude,” he said.

“I think it’s important for policy makers to listen to public opinion on immigration and not become disconnected from public opinion, which has arguably led to some of the problems in Western Europe.”

Immigrant-related riots in a few European countries over the past three years have become the spectre of what immigration policy makers around the world aim to avoid.

Kenney understands the logic in calculations that show Canada would have to at least triple the number of immigrants it lets in every year if it wanted to bring down the average age of its population and resolve expected labour shortages over time. But Canada can’t absorb that many people, he said, nor would Canadians accept that kind of inflow. He points to polling last year done by Human Resources and Skills Development Canada. It shows 47 per cent of respondents say immigration levels are just right, and 34 per cent say they are too high.

“That, in my view, is in no way a reflection of anti-immigration sentiment, because new immigrants are disproportionately likely to say that,” Kenney said.

“So this is just, I think, a sense that Canadians have that there’s a practical limit to how many people can be successfully settled each year. The broad political consensus in Canada is pro-immigration, but the caveat on that is to make sure that we’re able to successfully integrate and employ the people who arrive.”

Once the levels of immigration are decided, Kenney will be turning his attention to getting rid of the enormous backlog of potential immigrants waiting in the queue to have their applications processed. There are about one million names on the list, many of whom have been waiting for years and years for word from Ottawa.

He has suggested capping the number of applications in some areas, perhaps starting with the parents and grandparents of permanent residents. That would cut down the backlog, make for a younger inflow, and reduce Canada’s costs for social services.

Then, once the numbers are under control, Kenney wants to focus on shaping the quality of the various immigration streams.

Next spring, the minister wants to re-jig the point system that allows economic immigrants to qualify. Youth and high-quality education will be worth more, and the emphasis on English or French fluency is likely to be increased. Quantity of education will matter less, the minister says.

But this isn’t the first time Kenney has tried to reform the stream of economic immigrants, points out Davies.

Kenney has given three major directives over the past few years to limit applications and put certain professions at the front of the queue. The fact that he’s rehashing the system yet again is a sign that his previous attempts have failed, Davies says.

It’s not enough for Kenney to simply be the “Energizer bunny” when it comes to shaping Canada’s future workforce and diverse population, he adds.

“I don’t think he knows what he’s doing. I think he should slow down.”

“I am honoured to announce the participation of Parks Canada in the Institute for Canadian Citizenship’s Cultural Access Pass Program. This pass for new Canadian citizens will now open the doors to places that bring together the geography and history defining their new country,” said Minister Kent. “Our national parks, national historic sites, and national marine conservation areas are an encyclopedia of our national identity, waiting to be discovered and experienced.”

Through the Cultural Access Pass, new Canadian citizens and up to four of their children under 18 years of age will receive free admission to more than 100 of Park Canada’s treasured places. The pass will be valid for one year after the new citizens have been sworn in. Several Parks Canada locations will also serve as pick-up locations for the passes.

“Community citizenship ceremonies at treasured Parks Canada places already offer a unique transformative and memorable experience,” said Minister Kenney. “The Cultural Access Pass will offer many more opportunities for new Canadian citizens to experience Canada’s natural and cultural heritage firsthand. This initiative will benefit new Canadian citizens by enabling them to become more informed about Canada and more committed to the communities in which they live,” added Minister Kenney.

The Institute for Canadian Citizenship is a national non-profit organization that engages new Canadians citizens through innovative programs, campaigns and partnerships. Their initiatives are designed to ensure that new citizens are welcomed and included as equals and are aimed at creating meaningful connections among all Canadians, fostering a culture of active, engaged citizens and celebrating our shared identity as Canadians.

“Together with Parks Canada, we are creating opportunities for new citizens to access the essence of what so many define as a uniquely and truly Canadian experience,” said Gillian Hewitt Smith, Executive Director and CEO, Institute for Canadian Citizenship. “By opening the gates to our national parks, national historic sites and national marine conservation areas, tens of thousands of new Canadian citizens who have been able to curate their cultural experiences at museums, galleries, and other attractions, can now step outside and discover the beauty of this country’s natural heritage and historical sites.”

Parks Canada works to ensure Canada’s historic and natural heritage is protected and, through a network of 42 national parks, 167 national historic sites, and four national marine conservation areas, invites Canadians and people around the world to engage in personal moments of inspiring discovery at our treasured natural and historic places.

For additional information or to register for a Cultural Access Pass see www.parkscanada.gc.ca or http://www.icc-icc.ca/

“It’s our intention to hammer out a process that is more efficient, that eliminates … red tape, so that the Temporary Foreign Worker Program works, on time, for the Alberta economy.”

In October, Kenney will join Canada’s Human Resources and Skills Development minister, Diane Finley, in meetings with employers from the oil and gas, construction, agriculture and hospitality sectors to discuss improvements to the program. The latest Canada numbers show 42,885 temporary foreign workers were employed in Alberta in 2010.

Cheryl Knight, CEO of the Calgary-based Petroleum Human Resources Council of Canada, said the program has had a limited effect on the tight labour situation in the oil and gas sector.

“There is a strong disconnect with the Government of Canada prioritizing so-called skilled workers where skill is associated with education. For our industry, skill is something different,” said Knight, who noted there were shortages in field workers in oil and gas, well services and drilling workers and supervisors.

“Because those are jobs that do not require formal post-secondary education, they’re not seen as skilled workers.”

Kenny accepted that there were people who had very high levels of skill, but not on paper. “They may not have a diploma; they may not have trade certification, but they’re able to run a sophisticated $10-million gas fracking (hydraulic fracturing) operation,” he said.

“We are sensitive to that concern and we are looking at it.”

“Canadian citizenship is not for sale. I encourage anyone who has information regarding citizenship fraud to call our tip line,” said Minister Kenney. “My department will ensure that all tips are investigated and that appropriate action is taken.”

Cases involving false representation, fraud or knowingly concealing material circumstances in the citizenship process – for example, pretending to be present in Canada to meet the residence requirements for obtaining citizenship – should be referred to the citizenship fraud tip line at CIC’s Call Centre at 1-888-242-2100 (in Canada only, 7:00 am to 7:00 pm Eastern Time, Monday through Friday). Those overseas can contact the nearest Canadian visa office. Tips may also be reported by e-mail at Citizenship-fraud-tips@cic.gc.ca.

All other types of fraud tips related to immigration should be reported to the Canada Border Services Agency’s (CBSA) Border Watch Tip Line at 1-888-502-9060. The CBSA is responsible for enforcing the provisions of the Immigration and Refugee Protection Act.

To date, CIC has identified approximately 2,000 people from over 100 countries who may have obtained Canadian citizenship fraudulently, many by using the services of crooked consultants to misrepresent their residence in Canada. CIC is taking steps to revoke citizenship from those who obtained it fraudulently, where allowed by the evidence.

Immigration has been a sustaining feature of Canada’s history and continues to play an important role in building our country. Canada has one of the highest per capita rates of permanent immigration in the world—roughly 0.8% in recent years—and has welcomed 3.5 million immigrants in the last 15 years.

“The online consultation provides an important opportunity to gather input from stakeholders and the public on key questions facing CIC “ said Minister Kenney. “This is also a chance to highlight some of the considerations and difficult choices involved in managing a global immigration system.”

In planning for the total number of people to admit as permanent residents, CIC not only balances immigration objectives but also considers several other factors, including broader government commitments, input from provinces and territories, and current and future economic conditions. The Department must also consider its ability to process applications in a timely manner, as well as the capacity of communities to welcome newcomers.

The questionnaire is a key component of the cross-country consultations Minister Kenney and his parliamentary secretaries are currently leading on immigration levels and mix. In July, the Minister consulted with stakeholders in Calgary, Vancouver and Toronto. This month, parliamentary secretaries Rick Dykstra and Chungsen Leung held round tables in Mississauga, Scarborough and London. Additional sessions may be planned in the coming weeks and months.

Thus far, the majority of stakeholders present at the consultation sessions expressed a fairly positive view of the current immigration system. They have identified immigration as a critical way to meet labour market needs, citing economic factors as among the most important considerations when establishing immigration levels, followed by integration concerns. Participants have also highlighted the importance of family reunification and the need to address wait times in the parent and grandparent stream.

More than 1,600 people have already signed up to complete the questionnaire. It is available at the following link: www.cic.gc.ca/english/department/consultations/index.asp.

A report on the consultations, including the online questionnaire, will be available on the CIC website in the fall of 2011 or winter 2012.

The minister said there is a clear need for more people to help a labour force that will need new blood, but that the country also needs to balance that with sustainable immigration levels.

“There are some who say we need to increase that number drastically while others doubt our capacity to integrate more people,” Kenney said.

“I don’t have a number (in mind) for the future, but it’s the challenge: we have a lack of workers in the future . . . but how to balance that, that’s the point of these consultations.”

He said Canada has on average allowed 254,000 new permanent residents into the country each year over the past five years. In 2010, the number hit 280,000, the highest total since 1957.

“Numerous studies have shown we need to quadruple from 250,000 to one million to maintain the average age of Canadians,” Kenney told people gathered for his speech at an Armenian community centre in Montreal.

“But it’s not practical to accept a million people a year.”

Kenney said there are limits to how much immigration Canada can withstand — from a bureaucratic standpoint but also in terms of housing, health care, education and social services. He said the current number of about a quarter-million newcomers is probably the right one.

“I don’t see a radical change to that level, I can tell you that,” Kenney said.

Kenney began consultations a few weeks ago and will continue with town hall meetings in September and meetings in October. People will also be able to weigh in online.

Kenney added that he’s happy the consultation hasn’t turned into a xenophobic debate and he aims to keep it respectful and intelligent.

“More applications and higher expectations mean that Citizenship and Immigration Canada needs a more responsive and flexible processing system,” said Minister Kenney.  “To achieve that, the Department is providing applicants and staff with the right tools to deliver on those expectations.”

Citizens of certain countries require a visa to come to Canada temporarily. Currently, the maximum validity period of a multiple-entry visa is five years. However, increasingly, countries are issuing passports which are valid for ten years. In light of this, CIC is changing its policy for visa issuance. Where applicants apply for multiple-entry visas, they may now be issued to the maximum validity according to the length of the passport validity (up to ten years, minus one month).

This practice, already recommended for parents and grandparents with sponsorships in process, may now be extended to other clientele, such as business visitors.

As Canada is becoming a preferred destination for visitors and business travellers alike, CIC continues to balance the need to facilitate this travel while responsibly managing our borders. We will increasingly focus attention on applications with the greatest potential for threat and vulnerability, while streamlining low risk cases. Further limitations on validity may apply on a case-by-case basis.

The ten-year visa will be an option available to more low-risk travellers who are citizens of visa-required countries. As of Monday, the technical changes needed to issue it were in place.

In a speech to the Vancouver Board of Trade, Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, discussed the rapid growth in provincial nominee programs in recent years.

“Our government recognizes the importance of nominee programs in spreading out the benefits of immigration around the country,” said Minister Kenney. “That is why we plan to admit about 40,000 immigrants in the provincial nominee category in 2011, five times more than the 8,000 welcomed in 2005.  The previous high was 36,428 provincial nominees in 2010.”

Traditionally, Toronto, Montreal and Vancouver have attracted a disproportionate share of skilled immigrants coming to Canada. However, the top three provinces for provincial nominees are Manitoba, Alberta and Saskatchewan. Thanks in large part to the provincial/territorial nominee programs, 26% of economic immigrants accepted as permanent residents of Canada are now destined for provinces or territories other than Ontario, British Columbia or Quebec, compared to just 11% in 1997.

“We understand the desire of provinces and territories to identify their own economic immigrants and that is why we have continued to increase our projected admissions for nominees each year,” noted Minister Kenney. “At the same time, we are committed to working with our provincial and territorial counterparts to continue to improve the program design, integrity, selection standards and management of the nominee programs.”

The provincial nominee program is also a good way to get workers in quickly. Applications are processed within 12 months on average, as are federal skilled worker applications under recent ministerial instructions.

Provincial nominee programs are being discussed as part of this month’s cross-Canada consultations on immigration levels and mix. In addition, a comprehensive evaluation of the provincial nominee programs is underway. With the knowledge gained through each of these processes, CIC will be able to work with provincial and territorial partners on a longer-term approach to levels planning.

The Minister is meeting with stakeholders and the public to discuss the important issue of immigration levels and mix. Following the Calgary session today, the Minister will meet with stakeholders in Vancouver on July 18, Toronto on July 20 and then Montreal on July 22. Online consultations will take place later this summer and will be open to the public.

The purpose of the consultations is to seek feedback on immigration levels, including the appropriate level of immigration for Canada, and the most suitable mix between economic, family class and protected persons. Discussions on system management to provide improved services, such as reasonable processing times, and addressing issues such as fraud, will also be included.

In planning for the total number of people to admit as permanent residents, CIC not only balances immigration objectives but also considers several other factors, including broader government commitments, input from provinces and territories, and current and future economic conditions. The Department must also consider its operational ability to process applications in a timely manner, as well as the capacity of communities to welcome all newcomers.

In addition to presenting an opportunity to gather input from stakeholders and the public on key questions facing CIC, the consultations also allow the Department to share with stakeholders and the public some of the considerations and difficult choices involved in managing a global immigration system.

The consultations present an important opportunity to generate greater understanding of the trade-offs involved in setting immigration levels. There are competing visions and diverging goals for the future of the immigration program, and there is no single right answer on what the focus should be. Engaging stakeholders and the broader public in that conversation is a key part of developing a plan that will work for Canada going forward.

Invited stakeholders represent a variety of perspectives, including those of employers, labour, academia, learning institutions, professional organizations, business organizations, regulatory bodies, municipalities, settlement provider organizations and ethnocultural organizations.

A report on the consultations will be available on the CIC website once stakeholder and public consultations have been completed.

At the same time, oversight of the consultant community is being turned over to the newly created Immigration Consultants of Canada Regulatory Council (ICCRC). “The Government of Canada has promised to crack down on crooked immigration consultants and their shady practices, and with Bill C-35, we now have the tools,” said the Minister.

Bill C-35 strengthens the rules governing those who charge their clients for immigration advice or representation, making it an offence for anyone other than an accredited immigration representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding. It also increases penalties and fines for unauthorized representation and allows for more government oversight in order to improve the way in which immigration consultants are regulated.

With the designation of the ICCRC as the regulator of immigration consultants, consultants who are currently members in good standing of the Canadian Society of Immigration Consultants (CSIC) can begin to register with the Immigration Consultants of Canada Regulatory Council” on June 30, 2011.

Immigration representatives must be either members in good standing of a provincial or territorial law society, including paralegals; members of the Chambre des notaires du Québec; or members of the governing body for immigration consultants.

A 120-day transitional period will be put in place to ensure a smooth transition and continuity of service for both CSIC  members currently in good standing and their clients during the transition to the ICCRC The transition period will end on October 28, 2011.

After a notice was published on March 19, 2011, in the Canada Gazette, Part I, proposing the ICCRC be designated the regulator of immigration consultants, over 70 percent of the public comments received during the 30-day consultation period supported the proposal to establish a new regulator of immigration consultants.

“The ICCRC has committed to accountability, transparency and good governance and has pledged to work to protect the interests of consumers,” added Minister Kenney. “Their efforts, backed by strong new legislation, will allow us to better serve people through our immigration processes and protect potential immigrants, all while improving the integrity of Canada’s immigration system.”

• Backgrounder 1: Transitioning to the ICCRC – the designated regulator of immigration consultants
• Backgrounder 2: Highlights of Bill C-35
• Frequently Asked Questions
• www.immigration.gc.ca/antifraud

Improvements to the Temporary Foreign Worker Program (TFWP) will ensure that the program continues to be fair to employers and maintain its focus on alleviating temporary labour shortages.

“We saw a need for clear regulations to better protect workers from poor treatment and to ensure that the Temporary Foreign Worker Program continued to address short-term labour and skills shortages,” said Minister Kenney. “These regulations respond to that need and with the information being made available today, employers and workers will clearly know what is expected of them.”

The regulatory improvements to the Temporary Foreign Worker Program include the most significant changes to the program in many years. There are three major elements:

• a more rigorous assessment of the genuineness of the job offer;
• a two-year period of ineligibility for hiring temporary foreign workers for employers who fail to meet their commitments with respect to wages, working conditions and occupation; and
• a four-year limit on the length of time some temporary foreign workers may work in Canada before returning home.

“We know that the vast majority of employers treat foreign workers with respect and we recognize the importance of temporary foreign workers to employers in certain industries,” added Rick Dykstra, Parliamentary Secretary to the Minister of Citizenship and Immigration and Member of Parliament for St. Catharines. “That’s why we have also identified some workers who will be exempt from the four-year limit, such as workers who come to Canada through the Seasonal Agricultural Worker Program and play such a critical role in the harvest across the country.”

For more details on the regulatory improvements, please see Protecting Temporary Foreign Workers and Four-Year Limit for Foreign Nationals Working in Canada.

The Temporary Foreign Worker Program is driven by employer demand and aimed at filling identified labour shortages where no suitable Canadian workers or permanent residents are available. It is jointly managed by Citizenship and Immigration Canada and Human Resources and Skills Development Canada.

Bill C-35, originally introduced as the Cracking Down on Crooked Consultants Act, has now received Royal Assent and is expected to come into force in the coming months.

“Once in force, this legislation will make it an offence for anyone other than an authorized immigration consultant, lawyer, other representative or authorized entity to conduct business at any stage of an application or proceeding,” said Minister Kenney. “We are targeting undeclared “ghost” consultants as well as other unscrupulous immigration representatives who are engaging in unacceptable activity.”

The Act strengthens the rules governing those who charge a fee for immigration advice or representation; closes certain loopholes; increases penalties for unauthorized representation; and allows for more government oversight in order to improve the way in which immigration consultants are regulated.

“Crooked immigration consultants pose a threat not only to their victims, but also to the integrity of our immigration system,” said Minister Kenney. “This new legislation will help us protect people wanting to immigrate to or stay in Canada, as well as the integrity of Canada’s immigration system.”

In response to issues raised by stakeholders and members of the House of Commons Standing Committee on Citizenship and Immigration, amendments to the Bill were made during the Committee’s study of Bill C-35. Among key amendments are measures to:

Double maximum fines for the offence of providing unauthorized immigration advice from $50,000 to $100,000 and summary convictions from $10,000 to $20,000;
Amend the offence provision to capture both direct and indirect representation and advice; and
Recognize paralegals regulated by a Law Society as being exempted from prohibition on providing representation and advice.
Once in force, the Act will impose penalties on unauthorized representatives who provide, or offer to provide, advice or representation for a fee, at any stage of an immigration application of proceeding. This includes the period before a proceeding begins or an application is submitted. In addition, the legislation authorizes the disclosure of information on the ethical or professional conduct of an immigration consultant to those responsible for governing or investigating that conduct.

Bill C-35 received Royal Assent this afternoon after it was approved in the Senate on March 21, 2011. It was unanimously adopted at third reading in the House of Commons on December 7, 2010, after being introduced on June 8th.

This process is part of a broader strategy to protect people wanting to immigrate to or stay in Canada from immigration fraud.

Minister Kenney raised the issue of immigration consultant fraud in meetings with officials in China, India and the Philippines last fall and more recently in Pakistan. He has urged those governments to protect their citizens from exploitation and abuse by crooked immigration consultants.

“The Immigration Consultants of Canada Regulatory Council – or ICCRC – has committed to enhancing the protection of the Canadian public and those who use the services of immigration consultants,” said Minister Kenney. “I am confident that, with the ICCRC’s strong regulation of immigration consultants, people using our immigration processes will be offered quality consultation, representation and advice.”

A notice has been published on the website of the Canada Gazette, Part I, proposing to amend the Immigration and Refugee Protection Regulations so that the ICCRC becomes the regulator of immigration consultants. The official Gazette publication will be available on March 19, 2011.

The proposed amendments are open for public comment for a 30-day period. The current intention is that the final regulations would be published in the Canada Gazette, Part II, and would come into effect. This proposed regulatory amendment is the culmination of a process that began in June 2010 when Citizenship and Immigration Canada (CIC) announced its intention to launch a transparent public selection process to identify a body that could be recognized as the regulator of immigration consultants.

Immigration consultants are currently regulated by the Canadian Society of Immigration Consultants (CSIC). Reports by the Standing Committee on Citizenship and Immigration in 2008 and 2009 pointed to governance issues and a lack of public confidence in CSIC. Based on the Standing Committee’s reports, CIC decided to launch this public process.

“I anticipate that the Immigration Consultants of Canada Regulatory Council will not only help ensure public confidence in the integrity of the immigration program, but also that immigration consultants provide their services in a professional and ethical manner,” added Minister Kenney.

A selection committee was established to examine all submissions received following a public process requesting submissions from parties interested in being the regulator of immigration consultants. The committee reported its conclusions to the Minister of Citizenship, Immigration and Multiculturalism. Based on these conclusions, the ICCRC is being proposed as the regulator best placed to govern immigration consultants.

In its submission, the ICCRC committed to a variety of activities to foster a culture of transparency and openness and to protect the Canadian public and those using the services of an immigration consultant, while building a strong relationship with its members. It has also proposed innovative strategies to ensure accountability and transparency to its membership, including a hotline for members of Parliament for complaints and questions and a public awareness campaign.

Transitional measures would be put in place to ensure continuity of service for both existing members in good standing of CSIC and their clients during the transition to the ICCRC. This process could take a few months to complete and it is anticipated that the ICCRC could become the regulatory body this summer.

This process is part of a broader strategy to protect from immigration fraud people wanting to immigrate to or stay in Canada. Included in this strategy is Bill C-35, which aims to crack down on crooked consultants. As well, a multilingual domestic advertising campaign warning prospective immigrants, permanent residents and Canadian citizens not to be taken in by crooked immigration consultants was launched in February and an overseas advertising campaign, with the support of Australia, New Zealand, the United Kingdom and the United States—members of the Five Country Conference—was launched earlier this week. They can be viewed on YouTube.

Minister Kenney raised the issue of immigration consultant fraud in meetings with officials in China, India and the Philippines last fall and more recently in Pakistan. He has urged those governments to protect their citizens from exploitation and abuse by crooked immigration consultants.

This prestigious award pays tribute to Canadians who have made an important contribution in promoting the rights and responsibilities of Canadian citizenship. It also honours Canadians who have made outstanding contributions in assisting newcomers in integrating into Canadian society.

“Canada’s citizenship award will be presented to people who help to nourish the Canadian story by promoting the value of citizenship to all Canadians and making a real difference in the lives of newcomers to Canada,” said Minister Kenney. “Our outstanding citizens, through their kindness and generosity in helping newcomers integrate, have led by example, demonstrating that good citizenship also involves giving back to your community and society.”

Canada’s Citizenship Award is presented to Canadians for work done on a voluntary basis. The winners are selected by a panel that includes citizenship judges from across Canada and will be announced during Canada’s Citizenship Week, October 17–23, 2011. Each person honoured will receive a gold maple leaf pin and a certificate signed by the Minister.

For a nomination form and more information on Canada’s Citizenship Award, please visit Citizenship and Immigration Canada’s website at www.cic.gc.ca/citizenshipaward. Submissions and all supporting documents must be postmarked by May 13, 2011.

The quiz can also be downloaded to mobile devices like iPhone, Blackberry and Android. The 20 questions are randomly selected from a bank of 122 questions, allowing the quiz to be played more than once.

The initiative is part of an on-line resource called “A Fun Path to Learning” that was launched in April 2010 by Citizenship and Immigration Canada. The educational tool draws from material in the popular new citizenship study guide Discover Canada: The Rights and Responsibilities of Citizenship and aims to help students from grades five to 12 learn about Canada’s history and political institutions through games and activities.

The “How Canadian Are You, Eh?” application is a cross platform application that can be found within Facebook, at the iTunes app store, in the Blackberry app world, and in the Android marketplace.

Links to the app can be found at www.citizenship.gc.ca/youth.

Our government takes a zero tolerance approach to immigration and citizenship fraud

“On March 2, the RCMP laid charges under the Immigration and Refugee Protection Act and theCitizenship Act against a Halifax immigration consultant. This follows an investigation into whether the consultant fraudulently helped individuals create the appearance they were residing in Canada in order to keep their permanent resident status, and ultimately attempt to acquire citizenship. Citizenship and Immigration Canada cooperated in this investigation.

“Our government takes a zero tolerance approach to immigration and citizenship fraud. We are particularly concerned by residency fraud in the immigration and citizenship programs. With just this one consultant, about 1,100 principal applicants plus their dependents were implicated. At this time, our records indicate that 76 individuals identified through the RCMP investigation have obtained citizenship. We have also prevented a number of people from fraudulently obtaining citizenship as a result of this investigation. Our investigation is ongoing.

“Citizenship fraud is a serious offence that implicates both applicants and consultants. That is why we will apply the full strength of Canadian law, and where evidence permits, we will seek revocation of Canadian citizenship and deportation. Canadians value their citizenship. It is not something to be bought and sold with the help of crooked consultants.

“That is why, last year, I introduced the Strengthening the Value of Canadian Citizenship Act, which, if passed, will amend the Citizenship Act by increasing the penalties for fraud and strengthening citizenship residence requirements to specify in law that people applying for citizenship would have to be physically present in Canada for three of the previous four years. It’s why I also introduced the Cracking Down on Crooked Consultants Act, which, if passed, proposes new and stronger penalties for being a crooked immigration consultant, including fines or prison, or both.

“Citizenship and residency fraud are serious issues in Canada. There are a number of other ongoing police investigations regarding potential residence fraud across Canada. Crooked consultants take advantage of individuals eager to come to this country and pose a serious threat to the integrity of Canada’s immigration system. All levels of government and law enforcement must work together to ensure that those who commit fraud are punished.”

“If we can’t find a way to reduce the interminable process by which immigration cases creep through the courts, slouching from appeal to appeal, the changes will be of little use and the progress we have made will be for nought,” Kenney said.

In a speech heavy with legal references and stories of refugee claimants playing the Canadian courts for years, at a high cost to taxpayers, Kenney urged the judiciary to be more co-operative.

“We need the judiciary to understand the spirit of what we are trying to do,” he said.

“There are serious criminals we have been trying to remove who have been able to delay their deportation through repetitive appeals for almost 20 years.”

Federal courts are flooded with appeals from would-be refugees who are manipulating the system to extend their stay in Canada. But only one per cent of those appeals are successful, Kenney notes.

“So it concerns me when I hear that more than half of the cases that come before the Federal Court are immigration- or refugee-related,” he says.

“It suggests to me that the integrity of the decisions made by my department is being questioned too often without sufficient justification.”

Both the government and the public are despairing over the ability of unacceptable refugee claimants to take advantage of Canada’s courts, he claimed.

Kenney says the Supreme Court has already told lower-court judges they should defer to a ministerial decision to deport someone — unless it’s obvious the decision was made in bad faith.

He warns that Parliament’s best efforts to design an efficient and fair immigration and refugee system won’t work unless the judiciary starts co-operating.

“Even in easy cases, the removal process can be exploited by clever immigration lawyers who know that our courts are too often willing to indulge even the most creative and dubious claims,” he warned.

He accused the courts of “intrusive and heavy-handed” interference in well-reasoned decisions made by officials.

And he said it’s well known that judges will often hand criminals sentences of two years less a day — ensuring they stay in provincial jails, rather than federal — so that the criminals can delay deportation.

Parliament passed a major overhaul of the refugee system last spring, and it is due to come into force in the coming months.

The new system aims to speed the deportation of false refugee claimants, and also help legitimate refugees get their claims accepted more quickly.

Kenney is also hoping to see Parliament agree to a crackdown on human smugglers. But that proposed legislation has been blocked by opposition parties, who say it treats refugee claimants unfairly and would breach the Charter of Rights.

“It’s a reverse brain drain,” said Minister Kenney. “We’re making it easier for Canadians abroad to bring their skills home and contribute to the Canada of tomorrow.”

We’re making it easier for Canadians abroad to bring their skills home and contribute to the Canada of tomorrow said Kenney

For some Canadian workers living abroad, an obstacle to returning to Canada is that their non-Canadian spouse, common-law partner or dependent children may be unable to work until they are processed as permanent residents, which usually takes between six months and one year.

Since November 22, family members of Canadian citizens and permanent residents returning to work in Ontario in the health care and academic sectors have been able to get temporary work permits immediately upon arriving in Canada. Ontario’s health and academic sectors have faced significant skill and labour shortages in recent years and were identified as the most appropriate sectors for the pilot project.

“By encouraging highly-skilled workers to come back to Canada, we are laying the foundation for long-term economic growth,” added the Minister.

A pledge to establish this pilot project was included in the 2008 Temporary Foreign Worker agreement between the Government of Canada and the Province of Ontario. It is operating on a trial basis until May 22, 2012. Upon completion of the pilot project, the government will evaluate the initiative’s effectiveness.

MPs urged the government to reverse its decision to slash $53 million in funding

The MPs urged the government to reverse its decision to slash $53 million in funding from agencies that help new immigrants become integrated and self sufficient. According to Statistics Canada, the third quarter of 2010 saw the highest immigration rates the country has seen in four decades.

• Immigrants made up 70 per cent of Ontario’s population growth during that period.
• Roughly 85 per cent of the cuts — announced late last year — will be in Ontario, a total loss of $43 million.
• More than 30 agencies will lose their funding entirely, while dozens of others will see their funding decrease, said Kennedy.
• Around 78,000 recent immigrants in the GTA are expected to lose the help they need to find jobs, apply for documents or enhance their language skills.

“What we want to do is make sure that this remains a federal issue and doesn’t end up becoming something that city council is forced to deal with because of the problems it creates for the City of Toronto,” said Kennedy.

Immigration Minister Jason Kenney has said the cuts will ensure that taxpayer money is used efficiently. Kenney attributed the funding cuts to shifting immigration patterns. Newcomers to Canada have been spreading out across the country, with Ontario receiving a slightly smaller share each year. But the overall number of immigrants in Ontario is still growing, Kennedy argued.

“There are 85,000 more people in the GTA needing help, not less. How does he justify cutting $53 million?” he asked.

“It makes no sense to be taking services away from people at the very point when they need them to succeed as new Canadians.”

MPs, settlement agencies and other supporters have launched a campaign called Fair Start, urging Toronto residents to stand up for new Canadians who need help getting settled. The campaign will include letter writing, a petition and a motion to be introduced to Parliament on Feb. 8 2011

“On January 6, 2011, an investigation by the Immigration and Passport and Commercial Crime sections of the RCMP resulted in criminal charges against three individuals who created the appearance that hundreds of individuals living overseas had met the residence obligation required to retain permanent resident status or to obtain Canadian citizenship.

“Residence fraud in the immigration and citizenship programs is a matter of increasing concern. In this investigation alone, 260 files were implicated and five people have obtained Canadian citizenship. Consequences for citizenship fraud may include criminal prosecution, revocation of citizenship and removal from Canada. Permanent residents who commit fraud may lose their permanent resident status and may be subject to removal from Canada. As indicated in media reports, there are a number of other ongoing police investigations regarding potential residence fraud across Canada.

“I am greatly concerned with this situation. This is why I have tabled amendments to the Citizenship Act to strengthen the penalties for both applicants and third parties who assist them in completing a fraudulent application. The proposed new penalty for fraud would be a fine of up to a maximum of $100,000 or five years in prison or both.

“Crooked consultants heap misery upon their victims and pose a serious threat to the integrity of Canada’s immigration system. All levels of government and law enforcement must work together to ensure that those who commit fraud are dealt with appropriately.”

Kenney said Toronto, for example, is settling fewer new immigrants, and that other parts of Canada are settling more.

“Toronto in particular is receiving fewer newcomers. More people are deciding to settle in other provinces, particularly western and Atlantic provinces, and so what we have to do is re-allocate the settlement funding to make sure that it’s following the newcomers,” he said.

“It’s not fair to give settlement agencies in Toronto, that have seen a decline in number of immigrants, more funding than those that are struggling in other provinces, which are seeing an expanding number of newcomers,” Kenney said.

Various agencies across Canada have been informed by letter in the last two weeks that their funding will be cut by $53 million in the next fiscal year, nearly $45 million of that in Ontario alone.

At least 10 immigrant settlement agencies in the Greater Toronto Area have been told their federal funding will not be renewed next year, and up to 35 others across Ontario are facing cuts.

Citizenship and Immigration says the cuts are part of an annual funding review of settlement programs, which help immigrants improve language skills and find jobs. The federal government says it is trying to make settlement spending more equitable to other parts of Canada.

Kenney’s office said that since the Conservatives came to power they have tripled the amount of cash that goes to these settlement agencies. Officials say in 2005 the funding was $111 million, and in 2010, it was $346 million.