CIMM - Parliamentary Context - Mar 10, 2021

CIMM Ministerial Appearance on the Hong Kong and Labour Market Impact Assessment studies

March 10, 2021

Background

Immigration and Refugee Measures for Hong Kong

As per the motion adopted on October 20, 2020, the Standing Committee on Citizenship and Immigration (CIMM) is currently conducting a study on Immigration and Refugee Measures for Hong Kong. On November 16, 2020, Minister Mendicino appeared at the Special Committee on Canada-China Relations (CACN) to speak to the newly implemented Hong Kong measures and on January 27, 2021, IRCC officials appeared before CIMM to provide an update on those measures.

Labour Market Impact Assessment

The Committee is concurrently commencing a broad study on labour market impact assessments (LMIA) as outlined in the motion adopted on February 1, 2021. In the previous session, officials appeared on a similar topic, during which IRCC provided an overview of the permanent and temporary resident programming, ESDC on the Temporary Foreign Worker Program, and StatsCan on key observations about the Canadian labour market.

Parliamentary Environment

Immigration and Refugee Measures for Hong Kong

On February 25, 2021, CACN tabled a report titled, The Breach of Hong Kong's High Degree of Autonomy: A Situation of International Concern containing significant implications for both family reunification and asylum in recommendations 7 through 10:

Include extended family members in family reunification;
Expedite asylum claims;
Ensure asylum claimants are not deemed inadmissible on the grounds of offences associated with the pro-democracy movement in Hong Kong; and,
Issue travel documents to facilitate exit from Hong Kong.

Later that same day, the Minister of Public Safety and Emergency Preparedness appeared before CACN, where the following questions of note implicating the Department arose:

Bloc Québécois and New Democrat members asked about the VFS Global visa application centre arrangement, and stated their deep concern that federal national security and intelligence agencies were not consulted by IRCC, resulting in an undertaking for IRCC;
Conservative member questions focused on foreign interference, including in Canadian academic institutions, and arrests under Operation Foxhunt; and
Liberals asked about pro-democracy activists experiencing threats and intimidation from China.

A variety of stakeholders have been invited by CIMM and CACN over the past months to respectively provide testimony on their studies of Immigration and Refugee Measures for Hong Kong as well as the situation in Hong Kong. Key implications for immigration are as follows:

Security concerns surrounding the use of facility management company Beijing Shuangxiong at visa application centres managed by VFS Global have been top of mind, with particular alarm bells about data potentially being at the mercy of the Chinese Communist Party. When providing testimony at CIMM on February 22, VFS Global representatives stated that the Canadian government was made aware of this subcontract in 2008, which MP Hallan indicated was in contradiction to IRCC testimony in 2013 on their knowledge of the contract.
Various stakeholders and opposition members have repeatedly spoken of the narrow scope of current measures for Hong Kong and criticized the economic focus. Most have called for the introduction of a refugee stream for Hong Kong human rights and pro-democracy activists at risk of political persecution, who are ineligible under current immigration measures or are simply unable to make a claim due to barriers. Others recommended exploring the use of a program similar to the Rainbow Refugee program, or implementing measures similar to those developed in response to the Tiananmen Square massacre, including the use of Minister Permits, use of special humanitarian and compassionate instructions, and suspension of removals.
In light of China’s non-recognition of dual citizenship, discussions have focused on the difficult choice that will be faced by those needing to choose. Many stakeholders have called on the Government to provide a pathway for Hong Kongers to reinstate their Canadian citizenship if they are at risk of danger after having renounced it. With many Canadians living in Hong Kong having family members that may not have Canadian permanent residency or citizenship, witnesses also requested that IRCC expand family reunification to provide more options for pro-democracy activist families, both immediate and extended.

Labour Market Impact Assessment

Although the Committee has not yet commenced the labour market impact assessment study, immigration has widely been referenced as one of the most important solutions to filling Canada’s labour needs. The Investing in Tomorrow: Canadian Priorities for Economic Growth and Recovery report tabled in the House listed the following recommendations for immigration:
- That economic immigration meet Canada’s current and future labour and skill market needs that cannot be met by Canadians;
- That future immigration selection take into consideration all occupations and all skill levels listed in the ten sectors identified in the National Strategy for Critical Infrastructure; and,
- To work with industry to develop a labour action plan for Canada’s agri-food sector.
Recent discussions have explored how the pandemic created new challenges such as travel restrictions and quarantine requirements, and exacerbated existing hurdles, including processing times and safety of workers. Particularly focus has been placed on agriculture, fishing, manufacturing, and construction sectors in Maritime, Windsor-Essex, and Quebec regions, among others.
Stakeholders stated that the Government must do more on matching economic migrants to worker shortages in various sectors, and showed support for an increasingly digitized system. Some have called for a need to relaxation of LMIA requirements as workers. Lawyers recently expressed discontent towards the express entry pathway for foreign skilled workers as none are meeting the six-month standard.
The Conservative Party of Canada (CPC) voiced the importance of temporary foreign workers, essential workers, express entry and a proper pathway to Permanent Residency status in meeting the government’s immigration targets. The party has been vocal in stating that levels are unrealistic considering border restrictions, embassy and office closures around the world. CPC has highlighted that rapid testing could help make the necessary progress and raised concerns over delays in the immigration system is facing.
The New Democratic Party (NDP) discussed concerns regarding the caregiver program; considering the time lost due to COVID-19 as part of their eligibility, and suggested to freeze the age of eligibility for dependent children so that they do not age out of the system as a result of COVID-19 disruptions. The party stated that an acceleration is needed in processing applications and resolving backlogs, and believe that permanent residency status should be given to temporary foreign workers and international students.
Bloc Quebecois (BQ) has raised concerns about labour shortages, notably in low-skilled workers and in health, agriculture, and food service sectors. Concerns were raised regarding the alleged discontinuation of work permit and LMIA processing in areas with high unemployment rates. BQ raised the issues of skilled labour shortages, and the need to train Canadians for these positions in parallel to having access to temporary foreign workers. They also noted the challenges of coordinating the process between multiple layers of government.
The Liberal Party of Canada (LPC) has raised concerns on issues such as employers threatening, overworking and exploiting temporary foreign workers, who feel like they cannot speak out. The party has previously inquired on the limitations of the Provincial Nominee Program with respect to rural and northern areas and pathway to permanent residency for lower and medium-skilled workers.

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CIMM - Parliamentary Context - Mar 10, 2021

Background

Immigration and Refugee Measures for Hong Kong

Labour Market Impact Assessment

Parliamentary Environment

Immigration and Refugee Measures for Hong Kong

Labour Market Impact Assessment

Recent Developments

Immigration and Refugee Measures for Hong Kong

Labour Market Impact Assessment

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