February 9, 1999

To:Strategic Policies and Priorities Committee

From:Commissioner of Community and Neighbourhood Services and

Executive Director of Human Resources and Amalgamation

Subject:"Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy and Legislation": Announcement by the Minister of Citizenship and Immigration, January 6, 1999

Purpose:

The purpose of this report is to review the proposed directions for Canada's immigration and refugee policy and legislation from the perspective of the City of Toronto's position on immigrant and refugee issues. The proposed changes will have a significant impact on the City of Toronto, which has the largest immigrant population of any metropolitan area in Canada.

Funding Sources, Financial Implications and Impact Statement:

There are no immediate financial implications. If the City's recommendations are adopted by the Federal Government, there may be potential for reimbursement to municipalities for some social service costs provided to immigrants and refugees, and there may be significant long-term impact on the decision-making, development and delivery of services to the residents of the City who are immigrants and refugees.

Recommendations:

It is recommended that:

(1)Council reaffirm its position on the Settlement Legislative Review of the Immigration Act as identified in the March 1998 response to the Settlement Legislative Review consultation, and the recommendations on the Urban Forum on Immigration and Refugee Issues addressed in the CAO's report to the Task Force on Community Access and Equity in May, 1998, specifically:

(i)the inclusion of the City of Toronto by the Federal Government in formal consultation and collaboration on relevant policy issues;

(ii)the maintenance of an ongoing federal role in settlement services with a commitment to establishing clear accountability guidelines and providing adequate funds to the community-based sector to ensure equitable access to settlement services;

(iii)the reimbursement to municipalities for social assistance, hostel and other service costs borne by the municipalities for services and programs provided to immigrants and refugees;

(iv)a review of the impact of the right of landing fee and the waiting period for landing required for undocumented convention refugees on the settlement and integration of immigrants and refugees by the Federal Government;

(v)a firm commitment to access to trades and professions be reflected in the new immigration and refugee policy and legislation;

(2)this report be forwarded to the Advisory Committee on Immigration and Refugee Issues to be incorporated in submission to Citizenship and Immigration Canada regarding the proposed new directions for Canada's immigration and refugee policy and legislation.

(3)this report be forwarded to the Honourable Lucienne Robillard, Minister of Citizenship and Immigration.

(4)Council encourage the Federal Government to conduct broad and public consultation on the proposed directions for the new immigration and refugee policy and legislation to ensure all relevant stakeholders have an opportunity for input; and

(5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

On January 6, 1999, the Honourable Lucienne Robillard, Minister of Citizenship and Immigration, announced the directions for Canada's new immigration and refugee policy and legislation in a document titled, Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy. She invited comments on the implementation of the policy and legislation proposals for consideration in developing a new legislation. Appendix A provides a summary of the document, Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy. This document is available upon request through the City Clerk's office.

The Minister's invitation provides an opportunity for the City of Toronto to reiterate the City's position on immigration and refugee policies and programs, and renew its proposal to the Federal Government that the City be included in formal consultation and collaboration on relevant policy issues.

The current City of Toronto's policies on immigrant and refugee settlement and integration are outlined in the recommendations on Immigrant Legislative Review from the Community and Neighbourhood Services Committee, and the CAO's report to the Task Force on Community Access and Equity on the Urban Forum on Immigration and Refugee Issues. The Advisory Committee On Immigration and Refugee Issues, chaired by Councillor David Miller, has continued to identify and respond to immigration and refugee issues. The Advisory Committee has recommended that the immigration and refugee policies and programs of the City's former municipalities be fully integrated into the City's policy and programs.

Comments and/or Discussion and/or Justification:

Toronto has the largest immigrant population of any metropolitan area in Canada. According to the 1996 Census, approximately 48 percent of the Toronto's population was made up of immigrants and refugees. By the year 2001, foreign-born residents will comprise the majority of the City's population. Over 70,000 immigrants come to Toronto every year, and approximately 60 percent of the refugee claims in Ontario originate in Toronto. Newcomers have shaped the diverse social, cultural, political and economic landscape of Toronto. They have created a vibrant, thriving and dynamic community in the City. Further, as a result of declining birth rates, immigration is expected to be the main source of population growth in Toronto in the future. The City therefore has a fundamental stake in any changes that might be made to the legislation and policies regarding immigration and refugees.

The document on the new directions for immigration and refugee policy and legislation has some positive proposals, for example:

(1)separating the immigration program and refugee protection program in two distinct sections in the new Immigration Act.

(2)raising the age limit of a dependent child from under 19 years to under 22 years

recognizing common-law and same-sex spouses for sponsorship programs through regulation.

(3)allowing extended family members of refugees in the resettlement from abroad program to be processed together overseas to promote speedy family reunion.

However, the proposed directions fail to address a number of key issues raised by the City of Toronto:

(1)Formal consultation and collaboration

The City of Toronto has requested, in its response to the Immigration Legislative Review, that any federal-provincial structure created should include the City as a participant, and the Federal Government should conduct formal consultations on significant policy developments with municipalities. The 1998 report of the Immigration Legislative Advisory Group commissioned by Citizenship and Immigration Canada also recommended the inclusion of municipalities in formal consultations on relevant policy issues.

The proposed changes commit the Federal Government to conduct regular and structured consultations with provincial and territorial governments. Municipalities are not included except as stakeholders along with non-governmental organizations and consultants. The City needs to reiterate its interest in being a full participant in these discussions.

(2)Cost recovery

The document on new directions for immigration and refugee policy and legislation proposes that Citizenship and Immigration Canada undertake collection action against defaulting sponsors and share the proceeds with the province. However, this does not deal with the issue raised by the City with respect to reimbursing municipalities the cost of social assistance and emergency shelter for refugee claimants and immigrants who experience sponsorship breakdowns. Council should reiterate its position that the Federal Government's responsibility for these costs be included in the new legislation.

(3)Settlement renewal

The document also does not provide any future directions on immigrant and refugee settlement. While the Federal Government is devolving settlement services to the provinces, it is essential that it establish and maintain clear accountability guidelines for settlement services and be committed to adequate funding and equitable access to settlement services. Funding cuts to the settlement service sector has in some instances resulted in a form of downloading as the City attempts to fill in the gaps.

(4)Right of landing fee

While the document acknowledges the importance of reuniting families, it does not address the exceptional burden the right of landing fee (head tax) has imposed on low-income families and refugees, and the obstacle to family reunification it has caused.

(5)Access to trades and professions

There is a very general statement on working with the provinces and professional associations on access to trades and professions.

(6)Undocumented convention refugees

The document on new directions proposes a reduction in the waiting period from five to three years before the undocumented refugees can apply for landing. While this proposal is an improvement on the present policy, it does not address the issue of establishing other means of identification for the purpose of applying for permanent residence, such as affidavits. The delay in obtaining permanent resident status would prevent the refugees from accessing benefits available to landed immigrants and prolong their dependence on social assistance, which would have financial implications on the City.

(7)Inland refugee determination process and security measures

The immigrant and refugee service sector has expressed concern about a few proposals in the inland refugee determination process and security measures. For instance, a 30-day time limit for making a refugee claim, with exception in "compelling circumstances" will make certain categories of refugee claimants, such as women fleeing domestic violence or sexual assault and people fleeing persecution based on sexual orientation, particularly vulnerable.

It is appropriate to forward these community concerns to the Advisory Committee on immigration and Refugee Issues for consideration in developing the submission to Citizenship and Immigration Canada.

Conclusion:

The City of Toronto, being the key destination for immigrants and refugees for Canada, is the municipality most affected by federal immigration and refugee policy and legislation. The document, Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy and Legislation, proposes significant changes to the existing immigration and refugee policy and legislation. It is important that the City take this opportunity to reiterate its position on immigration and refugee issues and request the Federal Government to formally consult with municipalities in developing the new legislation. Municipalities must deal with the impact of decisions made by other levels of government which affect the immigration settlement process at the local level. The City should also encourage the Federal government to consult broadly with immigrant and refugee service sector and community and business groups who play an essential role in the settlement and integration of immigrants and refugees.

Contact Name:

Rose Lee, Access and Equity Centre - 392-4991

Eric Gam, Social Development and Administration Division - 392-8238

Shirley HoyBrenda Glover

CommissionerExecutive Director

Community and Neighbourhood ServicesHuman Resources and Amalgamation

APPENDIX A

Summary of Proposed New Directions for Immigration and Refugee Policy and Legislation, Citizenship and Immigration Canada, January 1999:

(1)Simplifying the Immigration Act

The objectives of the Act will be updated and the Act will be redrafted in plain language and will clearly state the immigration program and refugee program in two distinct sections.

Strengthening partnerships

Consultations with provincial and territorial governments will be regularized and widened, while municipal governments will continue to be included in stakeholder consultations where appropriate.

(3)Strengthening family reunification

The current age limit for a dependent child is increased from under 19 years to under 22 years.

Older children who are financially dependent on their parents or dependent because of physical and mental disability are continued to be included as dependent children.

Spouses and dependent children can apply from within Canada under certain conditions if they have legal status.

The federal government proposes to discuss with provincial and territorial governments: a) possible reduction in the length of sponsorships for spouses and dependent children, and b) the possibility of removing inadmissibility on the basis of excessive demands on health and social services and spouses and dependent children.

The federal government will promote the principle that an adopted child and a biological child have the same rights.

The definition of spouse is to be expanded to include common-law and same-sex spouses.

CIC's power is to be expanded to undertake collection action against defaulting spouses and to share the proceeds with the provinces.

Sponsorship by people in default of court-order obligation (alimony or child support) and people convicted of domestic violence are prohibited.

(4)Modernizing the selection for skilled workers and business immigrants. The selection system will:

shift away from occupations in demand to sound and transferable skills sets.

add explicit requirements for education, language skills and significant business experience.

require the origin of funds to be established.

There is also a general statement of commitment to access to trades and professions.

Facilitating the entry of highly skilled temporary foreign workers and students

The case-by-case validation of foreign workers is to be replaced by the use of a "national validation letter".

Spouses of applicants will be authorized to accept any job offer in Canada.

Further measures are being explored to facilitate the entry of foreign students.

(6)Introducing transparent criteria for permanent residence status

The residency requirement of six months in a year will be changed, and a secure identity card to be valid for five years will be introduced.

(7)Strengthening refugee protection

The resettlement from abroad program would shift towards protection and away from ability to settle through such measures as:

relaxing the requirement that refugees be able to settle within a year;

allowing extended family members to be processed together overseas to promote speedy family reunion;

working more closely with non-governmental organizations in identifying, pre-screening and resettling refugees; and

ensuring the immediate entry into Canada of urgent protection cases.

The Immigration and Refugee Board (IRB)will be retained.

The three existing layers for refugee determination --- refugee status determination, post-determination risk review, and risk-related humanitarian review --- will be reduced to one: a protection decision by the IRB.

There will be a 30-day time limit for making a claim subject to exceptions in compelling circumstances.

Failed refugee claimants who return to Canada after 90 days and submit another protection claim would not have access to a protection hearing but would be examined under pre-removal risk assessment.

Priority will be given to the processing of people who come from safe countries of origin and others whose claim is clearly related to reasons having nothing to do with a need for protection.

The Minister can intervene in any case without seeking leave from the IRB.

The current legislation will be amended to allow the Minister, without seeking leave from the IRB, to select cases for vacation.

The waiting period for landing for undocumented convention refugees is proposed to be reduced from five to three years.

Consideration will be given to measures to improve the recruitment of decision-makers on the IRB and increase the transparency in the selection process.

(8)Maintaining the safety of Canadian society

The interdiction of improperly documented people will be enhanced.

New classes of people inadmissible to Canada will be created.

Measures against improperly documented arrivals will be increased. These measures will include removing restrictions on prosecuting people who aid and abet illegal migration and detaining claimants who refuse to cooperate in establishing their identity.

Removal capacity would be enhanced through measures such as, limiting the circumstances under which a removal order may be stayed and transferring the power to issue a removal order to senior immigration officers in uncontested cases and straightforward criminal cases.

There will be stiffer penalties for inadmissible people who repeatedly return to Canada without authorization, those who aid and abet persons in contravening the Immigration Act, and people who commit fraud or misrepresentation.

Authority to exchange information with other countries on criminality and security issues would be enhanced, and provision would be made to enable access to the computer systems of transportation companies to facilitate the screening of passengers.

The government would consider measures to enable transportation companies to provide detention for people ordered removed.

Canada, together with the United Kingdom, the United States and Australia, is engaged in a process to determine which medical screening procedures are required to protect public health.

(9)Improving the effectiveness of the immigration appeal system

The Immigration Appeal Division is to be retained.

Serious criminals will lose the right to appeal to the Immigration Appeal Division.

People who commit criminal offences while on a stay of removal would be removed.

The government will propose to introduce a requirement for leave to appeal visa decisions in the Federal Court.

Family class refusals continue to have the right to appeal to the Immigration Appeal Division, bur not refusals on financial grounds.

(10)Refocusing discretionary power

A range of measures to redefine the use of discretionary powers will be introduced, such as defining through regulations situations where humanitarian or compassionate grounds are generally approved.

Unsuccessful refugee claimants will have access to the humanitarian or compassionate decision-making process only in the period immediately following a negative decision by the IRD.

Access to the humanitarian or compassionate applications will be denied to:

war criminals and people who have committed crimes against humanity

people who are a danger to national security

members of criminal organizations

members of government who engage in systematic or gross violations of human rights

people convicted of serious crimes.

Mechanisms other than the Minister's permit will be used for delegating discretionary authority.