February 3, 1998
To: Community and Neighbourhood Services Committee
From: Acting Executive Commissioner of Community and Neighbourhood Services
Subject: Immigration Legislative Review
Purpose:
The purpose of this report is to identify implications for the City of Toronto arising from proposed changes to Canada
=s immigration legislation as outlined in the report ANot Just Numbers: A Canadian Framework for Future Immigration,@ commissioned by The Honourable Lucienne Robillard, the Minister of Citizenship and Immigration and released on January 6, 1998.
Funding Sources, Financial Implications and Impact Statement:
There are no immediate direct financial implications. However, if relevant recommendations contained in the legislative review are adopted by the federal government, there may be future potential for reimbursement to municipalities for some social service costs provided to immigrants and refugees.
Recommendations:
It is recommended that:
(1) this report be forwarded to the Advisory Committee on Immigration and Refugee Issues to be incorporated into the submission to the Citizenship and Immigration Canada, legislative review consultation on March 3, 1998;
(2) Council support recommendations contained in the report,
ANot Just Numbers: A Canadian Framework for Future Immigration,@ which pertain to municipalities, specifically:
(i) the inclusion of municipalities in formal consultations on relevant policy issues;
(ii) the maintenance of an ongoing federal role in settlement and integration services along with a commitment to adequate funds to ensure equitable access to settlement services; and
(iii) the reimbursement to municipalities for social assistance, hostel and other service costs borne by the municipality for services and programs provided to immigrants and refugees;
(3) Council encourage the federal government to conduct broad and public consultation on the proposed immigration legislative review to ensure all relevant stakeholders have an opportunity for input; and
(4) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
On November 25, 1996, The Honourable Lucienne Robillard, Minister of Citizenship and Immigration, commissioned a three-member Advisory Group to conduct an independent review of Canada's current Immigration Act and to submit its report by December 31, 1997. The review process included consultations with all levels of government and the community based social service sector. The commissioned report
ANot Just Numbers@ documents the results of this legislative review. Five, cross-Canada, consultation sessions have been scheduled for early March 1998 to allow relevant stakeholders an opportunity to respond to the report. Final decisions regarding any implementation of the legislative review are expected to be made by the federal government by the end of 1998.
Appendix A provides a summary of the report
ANot Just Numbers@ with a particular emphasis on recommendations which have implications for the City of Toronto. A copy of the full report is available upon request through the City Clerk=s office.
The former Municipality of Metropolitan Toronto had been involved in immigration and refugee settlement issues since the adoption of a Multicultural Policy in 1978. This policy reflects the important role immigration plays in shaping Toronto
=s diversity and vitality and shaped Metro=s policies toward programs for immigration settlement. In 1990, Metro Council adopted a new policy on Ethno-Racial Access to Metropolitan services which focused on enabling ethno-racial minorities gain equal access to and derive equal benefit from Metro services.
The former Metro Council approved a Policy Framework on the Settlement, Adaptation and Integration of Immigrants and Refugees in Metropolitan Toronto in 1994. The two main goals of this framework were:
(1) to address the specific needs of immigrants and refugees by supporting their settlement, adaptation, and integration into all aspects of community life, and by providing appropriate supports to enable the community at large in making the necessary adaptations and accommodations; and
(2) to seek an equitable distribution of resources from other levels of government to Metropolitan Toronto to ensure the smooth and productive settlement, adaptation and integration into community life of immigrants and refugees.
The former Metro Council has had a long history of communicating concerns to the provincial and federal governments on immigrants and refugees policy issues relevant to the municipality. Some areas which have been addressed include the need for: municipal consultations on policy issues, a
Afair share@ of resource allocations and increasing access to trades and professions for newcomers, for example. Position papers were submitted on a number of issues such as: the Immigrant Investor Program, Settlement Renewal and, in October 1991, a submission was made to the Immigration Legislative Review Advisory Group.
The Advisory Committee on Immigration and Refugee Issues, established under the former Municipality of Metropolitan Toronto, will continue to identify and respond to immigration and refugee issues relevant to the of Toronto and recommend appropriate ways of integrating these issues into the City
=s policy, program and decision-making processes. Given the tight timeframes for responding to the ANot Just Numbers@ report, Councillor David Miller, as Chair of the Advisory Committee, will be making the submission at the March 3, 1998 Consultation Session.
Comments and/or Discussion and/or Justification:
Context:
The City of Toronto is the key destination for immigrants and refugees in Canada. Toronto receives 56 percent of total newcomers to Ontario and 30 percent of the total newcomers to Canada. In addition, approximately 60 percent of refugee claims in Ontario originate in Toronto. While exact numbers have not been determined, it is fair to say that Toronto also receives a large proportion of newcomers by way of secondary immigration in which people move between different parts of the country.
Newcomers have been fundamental in shaping the diverse social, cultural, political, and economic landscape of Toronto. Considered to be the most multicultural city in the world, Toronto realizes profound benefits from the ethno-racial communities which now call this city home. It is estimated that almost 40 percent of Toronto
=s population are members of racial minorities. Further, it is expected that the city=s population growth in the foreseeable future will be due to immigration.
Although Toronto does not have a formal policy role with respect to immigration, it is the municipality most affected by federal and provincial immigration and refugee policies, programs and practices. Toronto must deal with the impact of decisions made by other levels of government which affect the immigration settlement process at the local level.
The report
ANot Just Numbers@ proposes significant changes to the existing immigration legislation. Some of the recommendations for increased municipal consultation and for potential federal reimbursement for some social services provided by municipalities to immigrants and refugees would have positive benefits for the City. However, concerns have been raised by the immigrant and refugee service sector and the business sector on policies which are seen to discourage or restrict landing applications of newcomers.
Implications for the Municipality:
(1) Consultation and Collaboration
A Federal-Provincial Council on Immigration and Protection is proposed under the new legislative framework to address mutual issues of concern in the areas of immigration law and gaps between policy, planning and service delivery. Some of the issues identified for discussion are: denial of access to welfare for self-supporting immigrants for the first six months and increasing access to trades and professions. The report encourages the creation of bilateral agreements similar to that which exists in Quebec. The urban communities who provide settlement and integration services for newcomers would benefit from clear lines of funding and administration responsibility between federal and provincial governments.
Formal, structured consultations on
Asignificant policy development@ with municipalities, non-governmental organizations, businesses and other related groups are recommended in the legislative review. Historically, municipalities have been excluded from the table when policy and program decisions are being made by senior levels of government. An established consultation process could provide an opportunity for Toronto to have critical input on relevant policy issues at the decision making level. Toronto could also redress the issue of equitable resource allocations to municipalities which more accurately reflect local demand for immigrant settlement and assistance services.
(2) Settlement Services
The former Municipality of Metropolitan Toronto
=s policy framework addressed the settlement, adaptation and integration of immigrants and refugees in Toronto. One of the goals of the framework is to ensure that Toronto has the infrastructure to provide appropriate supports to the newcomer community with respect to settlement, adaptation and integration. The community-based social services sector provides the majority of these services in Toronto. However, this sector is struggling to provide core services in the context of reduced budgets, more targeted government funding, major staff cutbacks and organizational restructuring (as revealed in the report AProfile of a Changing World@, a joint study of the former Metro Community Services, the former City of Toronto and the Social Planning Council of Metropolitan Toronto).
The legislative review calls for the federal government to maintain an ongoing role in settlement and integration services even as it devolves responsibility for direct administration of these programs to the provinces. Further, that adequate funds be committed to ensure equitable access to settlement services. Stable and committed funding to settlement services is critical if an effective service delivery system is to be maintained in Toronto. Toronto must also have a place in discussions with the province and the federal government with respect to redrawing the settlement service system.
(3) Potential for Municipal Reimbursement from the Federal Government
The proposed legislation underscores the accountability of sponsors in upholding their financial responsibilities. It is the provinces and municipalities which absorb the costs associated with sponsorship breakdowns through social assistance programs (default rates in Toronto are estimated at 14 percent). The new framework recommends that the Federal-Provincial Council on Immigration and Protection negotiate effective mechanisms for recovering monies owed to the provinces as a result of sponsorship breakdowns (e.g., wage garnishment). Further, it is proposed that the federal government assume liability for all costs incurred as evidence of its commitment to enforce sponsorship. It is also recommended that the federal government assume all income assistance and health-care costs for inland refugee claimants until a final determination of status is made.
Toronto responds to the needs of some immigrants and refugees though the provision of social assistance, employment preparation programs, community development support and grants to non-profit organizations for anti-racist and community development initiatives, post-settlement adaption and integration services. The province of Ontario is devolving increased funding responsibility for social assistance programs to the City of Toronto, thereby placing greater pressures on an already limited property tax base. Compensation by the federal government to Toronto for costs borne by the municipality for services and programs provided to immigrants and refugees is an area for further exploration if this recommendation is adopted.
Finally, the legislative review recommends that the newly created Protection Agency (responsible for refugee issues) negotiate agreements with federal, provincial and municipal entities, for the provision of various needs (such as legal aid, health care and accommodation) for successful refugee claimants. Toronto regularly provides temporary accommodation to newcomers on an interim basis through the hostel system. The exact numbers of refugees using hostels is difficult to determine as some may be admitted for reasons not related to status, such as abuse or eviction, for example.
Issues Identified by the Community:
The following issues have been identified as areas of interest or concern by some community and business groups. It is therefore appropriate to forward the following items to the Advisory Committee on Immigration and Refugee Issues for consideration in developing the submission to the legislative review consultation, and to the Task Force on Access and Equity.
(1) The Right of Landing Fees
The imposition of the right of landing fee has been controversial in the community, especially with respect to refugees and people with low-incomes. This policy has been viewed as an obstacle to family reunification. In 1997, the former Municipality of Metropolitan Toronto adopted a recommendation that right of landing fee was discriminatory to low-income families and should be repealed. The legislative review has called for an examination of the rationale for the right of landing fee and the development of additional application fees which better reflect the costs of services provided. A loan system would be implemented for payment of immigration-related fees for spouses and dependent children in order to facilitate family reunification.
(2) Access to Trades and Professions
A significant barrier to successful settlement and integration into Canadian society for newcomers is the restricted access to trades and professions. Many immigrants arrive in Canada with professional credentials only to find they are unable to practice because of differences with Canadian regulatory bodies. The legislative framework recommends that a Federal-Provincial Council on Immigration and Protection and federal immigration authorities work together to increase access to trades and professions. There is a wide diversity of regulatory bodies and professional associations which all tend to operate independently. While the coordination of these groups represents a difficult challenge, if successful, this could increase the range of employment opportunities and address historical problems of underemployment for newcomers.
(3) The Immigration and Refugee Board
A central feature of the proposed legislative framework is the disentanglement of immigration and refugee policy. This separation may result in more effective systems for dealing with the distinct issues of immigrants and refugees. A
Aprotection agency@ would be created to administer refugee claims both abroad and in Canada. This system restructuring, however, would also result in the dissolution of the current Immigration and Refugee Board. A number of community groups and refugee advocates fear its elimination will remove the only available independent, objective body to deal with immigration and refugee issues and leave determinations solely to bureaucrats.
(4) Language Fees
Standardized language requirements are being proposed for all Family Class and Self-Supporting Class immigrants. Language training fees would be applied for family members who are not proficient in either official language. This provision is considered by some to be exclusionary and prejudicial to immigrants from non-English speaking countries. Immigrants with limited incomes will likely find costs of language training prohibitive, especially in combination with the myriad of other fees which are imposed such as the application and right to landing fees. Some members of the business community also see language training fees as a discouragement for economic immigrants.
(5) Residency Requirements
Under the proposed framework, requirements to maintain landed immigrant status will be more demanding. At least one year of physical residency in Canada is required during the first three years following landing. Currently, people are free to travel back and forth between their homeland and Canada without it affecting their ability to apply for citizenship. This has been identified as an area of concern by members of the business sector who feel it will make Canada less desirable to foreign investors and entrepreneurs seeking citizenship.
Conclusions:
Migration is primarily an urban phenomenon as most newcomers choose to settle in larger cities. In Canada, Toronto is the city of choice for most immigrants and refugees. Newcomers to Toronto have been formative in creating a vibrant, thriving and dynamic community which benefits residents and visitors alike. The economic, political, social and cultural contributions made by immigrants and refugees to our city are immeasurable.
Although Toronto does not have a recognized formal policy role with respect to immigration, it is the municipality most affected by federal and provincial immigration and refugee policies, programs and practices. Toronto must deal with the impact of decisions made by other levels of government which affect the immigration settlement process at the local level.
The report
ANot Just Numbers@ proposes significant changes to the existing immigration legislation. While recommendations for increased municipal consultation and potential federal reimbursement for some social services provided by municipalities to immigrants and refugees would have positive benefits for the city, concerns have been raised by the immigrant and refugee service sector and the business sector on recommended policies which are seen to discourage or restrict landing applications of newcomers. As a result, broad and public consultation on the proposed legislative framework is essential to ensure that stakeholders, including municipalities, non-governmental organizations, community and business groups, have an opportunity to provide input on implications relevant to their sectors.
Contact Name:
Eric Gam - 392-8238
Acting Executive Commissioner of Community and Neighbourhood Services
APPENDIX A
A Summary of the Immigration Legislative Review
NOT JUST NUMBERS: A CANADIAN FRAMEWORK FOR FUTURE IMMIGRATION
________________________________________________________________________
Background:
On November 25, 1996, The Honourable Lucienne Robillard, Minister of Citizenship and Immigration, commissioned a three-member Advisory Group to conduct an independent review of Canada's current Immigration Act and to submit its report by December 31, 1997. The review process included consultations with all levels of government and the community sector. The commissioned report "Not Just Numbers" documents the results of this legislative review and includes a series of recommendations. Five, cross-Canada, consultation sessions have been scheduled for early March 1998 to provide relevant stakeholders with an opportunity to respond to the review and its recommendations. The following is a summary of the recommendations under the terms of the proposed legislative framework.
The New Legislative & Accountability Framework:
(a) Fundamental to the framework is the disentanglement of immigration and refugee policy as their issues are distinct. Two new Acts are proposed: the Immigration and Citizenship Act and the Protection Act for refugees.
(b) Increased accountability requirements include annual reporting to Parliament on key program performance indicators (e.g., system integrity indicators such as rates of public assistance).
(c) Future immigration levels to be determined in consultation with provinces based on assessments of resources committed by various levels of government.
(d) A working group consisting of
Aorganizations representing the interests of clients@ to examine rationale for the right to landing fees and develop application fees more reflective of the costs of services provided.
Consultation and Collaboration
(a) Given that available resources are scarce and financial sharing arrangements need to be reviewed and strengthened.
(b) A Federal-Provincial Council on Immigration and Protection is proposed to address mutual issues in the areas of immigration law, gaps between policy planning and service delivery.
(c) Formal, structured consultations on
Asignificant policy developments@ will be held with
municipalities, non-governmental organizations, businesses and other related groups.
Active Integration and Citizenship
(a) The federal government will maintain an ongoing role in settlement and integration services even as it devolves administration to the provinces. Adequate funding will be essential to ensure equity of access to settlement services.
(b) Requirements to maintain landed immigrant status will be more demanding. At least one year of physical residency in Canada is required during the first three years following landing. Currently, there are no physical residency requirements.
(c) The Federal-Provincial Council on Immigration and Protection and federal immigration authorities will work together to increase access to trades and professions for newcomers.
The Family Class
(a) The definition of family will be expanded (i.e., to include same-sex spouses and common-law relationships). Three tiers of family relationships are proposed: spouses and children, fiances or parents, and a new category for more distant relatives or
Aclose acquaintances.@
(b) Standardized language testing is being proposed. Language training fees will be applied for family members over age six not proficient in either official language.
(c) Financial accountability of sponsors is highlighted. Cases of domestic violence are the exception. Sponsors in default will be prohibited from additional sponsorships until debts to social assistance are repaid.
(d) Current sponsorship agreements require a commitment of a maximum of ten years. The new legislative framework recommends reducing this to three years.
(e) A new Resolution and Review Branch of the Department of Citizenship and Immigration will affect decisions on sponsorship denial, revocation of status and detention.
(f) The Federal-Provincial Council on Immigration and Protection will explore mechanisms for recovering monies owed to provinces as a result of sponsorship breakdowns and the federal government will assume liability for all costs incurred.
Self-Supporting Immigrants
(a) Skilled workers, entrepreneurs and investors will be merged into a single self-supporting category. Selection criterion includes: proficiency in one of the official languages, education and work experience. Language fees will be applied to family members who do not meet the language standard. A maximum age restriction of 45 is recommended unless an offer of employment or a financial commitment is established. Denial of access to welfare for the first six months following their landing is suggested.
(b)
AExcluded occupations@ will be eliminated along with the self-employed and family business job offer categories. Live-in caregivers incorporated into the broader foreign workers’ category. Provinces have option to nominate individuals or groups beneficial for social, economic or cultural reasons.
(c) Requirements for skilled foreign workers will be more flexible: focus will be on bona fides of the employer rather than extensive market testing, family members could work in Canada, and applications for landing could be made within Canada.
The Protection Act (for refugee claimants)
(a) The current Immigration and Refugee Board will be dissolved and a
Aprotection agency@ is to be established with offices in Canada and overseas. Career civil servants function as Protection Officers to determine protection claims and Appeal Officers to review decisions on in-Canada protection claims.
(b) Functions of the agency will include negotiating agreements with federal, provincial, municipal entities, for coordination, information sharing and service provision (such as legal aid, health care, accommodation).
(c) An Advisory Committee of representatives from domestic, international, governments and NGO’s will advise on matters such as changes in the law, budgets, emerging trends, etc.
(d) For overseas applicants, priority will be given to the most vulnerable. A fast-track system would expedite entry of people in imminent danger. For refugees requiring extensive medical care, arrangements must be established with the provincial destination prior to their arrival.
(e) A
Asafe third country@ policy is supported based on the principle of international responsibility for ensuring safety for those seeking protection.
(f) Protection determination for inland applicants will proceed quickly, within a few months of arrival in Canada. A new category of
Atemporary protected status@ will be created for refugees without satisfactory identification.
(g) Refugees meeting requirements upon arrival will have the right to work and access to relevant social benefits. It is proposed that the federal government assume all income assistance and health-care costs for inland claimants until final determination of status.
(h) People designated as in need of protection, either inland or overseas, will be exempted from paying a fee for processing a landing application. A right of landing fee will still be required. Loans would be available. Spouses and dependent children will be processed along with the protected person.
(i) Use of
Adiscretion@ by immigration officers will be eliminated as principles of Ahumanitarianism and compassion@ are to be built into the new legislative framework. Two discretionary areas allowed: matters of national interest; and exceptional situations of dependency between people.
(j) A one-time resource allocation is proposed to clear the current backlog of 26,000 refugee claims.
Compliance
(a) Key components of the new system will include: incentives for voluntary compliance; clear criteria for inadmissibility, detention and removal; proactive approach to enforcement.
(b) Provisional status to be granted to persons deemed cooperative with the process and who meet the reporting conditions until formal status is determined or denied. Automatic tracking systems (e.g., biometrics) are proposed to assess compliance.
(c) The federal government is urged to initiate efforts to increase cooperation of foreign governments in providing travel documentation to their citizens.
