Recommendations and Departmental Action Plan

November 2009 Auditor General Report - Chapter 2 – Selecting Foreign Workers under the Immigration Program

 
 
 

OAG Recommendation

Departmental Response

Action Plan

2.34 To strengthen its strategic planning,  Citizenship and Immigration Canada should

  • develop, in consultation with provinces and territories, a strategic roadmap for the future of the immigration program including a clear vision of what each category is expected to contribute, on a multi-year basis, towards achieving the objectives of the economic class; and

  • take the necessary steps to ensure that its programming is optimal and closely aligned with that vision.

Citizenship and Immigration Canada agrees with the recommendation.

Work is already underway that will contribute to the vision and future of the immigration program.  A notable example is the Department’s work on the broader modernization of the immigration program, including measures that have policy, operational and service improvement and technological components.  In addition, the evaluation of the Federal Skilled Worker Program and work on regulatory changes to the Temporary Foreign Worker Program to address concerns around program integrity are two more current areas of activity that support the modernization of the immigration system.  Taken together, this work will lead to the development of an immigration roadmap, which will be developed in consultation with our provincial and territorial partners over the next two years. 

In terms of the balance between categories in the economic class, Citizenship and Immigration Canada launched a process in November, 2008, with provinces and territories to develop a common approach for understanding how the various economic-class programs, such as federal skilled workers and provincial nominees, contribute to meeting the economic objectives for immigration, such as responding to labour-market needs.  Part of this effort involves achieving an appropriate balance among programs. 

By June 2010

Completion of conversation with provinces and territories on economic-class programs.

By summer 2010

Completion of inventory of modernization initiatives.

By fall 2010

Road map will be developed.

Ongoing levels planning process and alignment over coming years. 

By winter 2010

Completion of visioning exercise (with provinces and territories).

By 2010/11

Completion of evaluations of Federal Skilled Worker Program and other programs (as scheduled in CIC’s Evaluation Plan).

By winter 2011

Improvements to the Temporary Foreign Worker Program, as per the proposed regulatory amendments announced in October, 2009.

By end of fiscal year 2010/11

Modernization initiatives/ vision approved by Treasury Board.

For 2012/13

Completion of Treasury Board Submission for release of remaining funding to modernize the immigration system and manage the backlog.

2.39 Citizenship and Immigration Canada and Human Resources and Skills Development Canada should carry out evaluation of permanent and temporary foreign worker programs according to their approved evaluation plans.

The Departments agree with this recommendation. 

Citizenship and Immigration Canada and Human Resources and Skills Development Canada have initiated work on a joint, comprehensive evaluation of the Temporary Foreign Worker Program that will provide results in 2010-11.  CIC is currently carrying out a comprehensive evaluation of the Federal Skilled Worker Program; other programs in the permanent stream will be evaluated according to the CIC Evaluation Plan.

By winter 2010

Results of the evaluation of the Federal Skilled Worker Program.

Other evaluations scheduled:

  • Provincial Nominee Program – in 2010;
  • First set of Ministerial Instructions – late 2010;
  • Temporary Foreign Worker Program –results in 2010-11.

2.56 In developing future ministerial instructions, Citizenship and Immigration Canada should ensure that selected strategies are supported by strong policy, program and operational analysis.

Citizenship and Immigration Canada agrees with the recommendation and agrees with the importance placed on strong policy analysis in the issuance of future ministerial instructions. 

To this end, the Department is working on several initiatives, including ensuring that diagnostic and analytical tools are in place for the monitoring and evaluation of the current ministerial instructions, improved analytical capacity around labour market information, and the exploration of options for expert advice to be regularly available to Citizenship and Immigration Canada regarding Canadian labour markets and current and projected occupational shortages.

By fall 2009

Development of new diagnostic and analytical tools for the Ministerial Instructions.

Underway - ongoing

Analysis and evaluation of the effects of the Ministerial Instructions on applications received, processing times, and visas issued, as well as on backlog reduction.

Collection of qualitative information from missions – is extended for an additional 6 months.

Labour market information: Information exchange mechanisms have been established with HRSDC, Health Canada and sectoral partners.

CIC continues work, with HRSDC, on

  • more robust labour market information collection and dissemination;
  • projecting occupational shortages; and
  • independent advice provided through an external body.

2.62 Citizenship and Immigration Canada should closely monitor the impact of the new eligibility criteria on the number of applications to be processed under the federal skilled worker category and on the effectiveness of its inventory reduction strategy.

Related observations:

2.58 If the eligibility criteria do not serve their intended purpose of lowering the number of new applications to be processed, CIC will need to react quickly and consider alternative strategies to achieve this objective.

Citizenship and Immigration Canada agrees with the recommendation. 

The Department has introduced measures to ensure timely and comprehensive monitoring of the impact of the ministerial instructions.  First, using existing data sources, the Department regularly tracks and analyzes data relating to, among other things, application intake rates, acceptance rates, and outcomes at key decision points throughout the processing continuum (i.e., from the Centralized Intake Office to processing and visa issuance at overseas missions).  Second, the Department has introduced (effective June 2009) monthly reporting templates for overseas missions to capture more qualitative information on how the ministerial instructions are affecting the federal skilled worker category.  Taken together these initiatives will inform the need to revise ministerial instructions as appropriate.

By fall 2009

Development of new diagnostic and analytical tools for the Ministerial Instructions.

winter 2010

First report of findings of 6-month monthly reporting project presented to senior management.

Underway - ongoing

Monthly and quarterly reporting periods have been implemented.

CIC continues to improve data monitoring and analysis.  CIC will continue its use of the measures outlined in its response to this recommendation.

2.68 Citizenship and Immigration Canada, in consultation with key partners, should put in place structures and processes to ensure that the selected eligible occupations remain relevant to the changing needs of the Canadian labour market.

Citizenship and Immigration Canada agrees with the recommendation. 

Timely and accurate labour market information is an important component of ensuring that the ministerial instructions help meet the Government of Canada’s goal of improving the labour market responsiveness of the immigration program.  Over the next two years, Citizenship and Immigration Canada will work with key partners to explore options for structures and processes to better ensure the instructions meet their objectives.  Part of this work includes over the coming months exploring options for an external advisory body such as the U.K.’s Migration Advisory Committee.

Fall 2009 - 2011

Both formal and informal mechanisms with other federal government departments including HRSDC and Health Canada and other sectoral partners are in place and will be strengthened by 2011.

CIC continues to explore options for more robust labour market information collection, analysis, and dissemination; projecting occupational shortages; and/or the creation of an external advisory body.

2.78 Citizenship and Immigration Canada should evaluate, after the first year of operations, the cost-effectiveness of the Central Intake Office and the extent to which it is meeting its objectives.

Citizenship and Immigration Canada agrees with the recommendation.

Citizenship and Immigration Canada intends to continue to move on its modernization agenda as quickly as possible with the support of our Global Case Management System roll out.  Within our vision of moving some work back to Canada and working in a more virtual network, the Centralized Intake Office operations will be evaluated and a decision made on its cost-effectiveness and its support to meet CIC overarching objectives.  The evaluation of the Centralized Intake Office is included in the Department’s Evaluation Plan in 2010/2011.

2010/11

The Implementation Evaluation of Ministerial Instructions scheduled for 2010/11 will include the Centralized Intake Office.

2.85 Citizenship and Immigration Canada should work with provinces and territories to ensure that, for the Provincial Nominee Program,

  • mechanisms are in place to collect and share appropriate information against agreed upon evaluation criteria;

  • evaluation plans are prepared and implemented to assess whether provincial nominee programs are meeting the objectives set out in the Immigration and Refugee Protection Act and Regulations; and

  • quality assurance mechanisms are in place to ensure that nomination decisions are consistent and compliant with the Immigration and Refugee Protection Act and Regulations  and their respective Provincial Nominee Program criteria.

Citizenship and Immigration Canada agrees with the recommendation. 

Citizenship and Immigration Canada has developed an evaluation framework and logic model for an evaluation of the Provincial Nominee Program, which is in the Department’s Evaluation Plan for 2010/11.  Common performance measures and indicators will be drawn from the longitudinal immigration database which will provide information related to outcomes and retention for all provinces and territories. The Department remains open and committed to working with provinces and territories on any additional information sources and mechanisms they wish to have considered.

Second, the evaluation will assess performance of Provincial Nominee Programs against the objectives of the Immigration and Refugee Protection Act and Regulations.

Third, Citizenship and Immigration Canada agrees with the need for quality assurance mechanisms and is open to working with provinces and territories to develop them.  Should there be questions related to quality assurance CIC can substitute its own evaluation of provincial and territorial nominations.

2010/11

Evaluation of the Provincial Nominee Program expected to begin; final report scheduled for 2011/12.

2010-2012

The findings of the evaluation will inform future policy and program development and support efforts to establish collection mechanisms for information sources required for ongoing performance monitoring.

Engage in multilateral discussions on a common quality assurance framework to enhance the consistency of nomination decisions which are compliant with the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, and provincial/ territorial program criteria.

Continue to share information with provinces and territories and CIC visa offices to ensure common understanding of policy and legislative and regulatory requirements related to the Provincial Nominee Program.

2.107 Citizenship and Immigration Canada and Human Resources and Skills Development Canada should clarify their respective roles and responsibilities, and put mechanisms in place to ensure that the genuineness of job offers is systematically verified.

Related observations:

2.102 [...] Both [HRSDC and CIC’s] operational manuals are silent on [who is responsible for assessing the genuineness of job offers and how that assessment is to be carried out]

The Departments agree with the recommendation and are working together to make improvements in these areas. 

The Departments are developing regulatory options to strengthen the integrity of the Temporary Foreign Worker Program including clarity around roles and responsibilities.  Part of this work focuses on more structured assessments of the genuineness of both employers and jobs offered to temporary foreign workers.  A new information-sharing agreement between CIC and HRSDC will enable a more active exchange of information pertinent to the assessment of the genuineness of job offers.

Additionally, new interdepartmental working groups and information-exchange mechanisms have been established to ensure better communication and coordination of program development and implementation.

Winter 2010   

Final publication of regulatory changes to the Temporary Foreign Worker Program, including the Live-in Caregiver Program.  

Implementing regulatory changes

CIC and HRSDC to develop guidelines on responsibility for assessment of the genuineness of job offers, including procedures for each department.  CIC to update operational manuals.

The Departments are also working together to improve the integrity of the arranged employment factor of the Federal Skilled Worker Program.

2.117 Citizenship and Immigration Canada and Human Resources and Skills Development Canada should implement mechanisms that would better enable them to ensure the integrity of temporary foreign worker programs and the protection of individuals.

Related observations:

2.109 [The Live-in Caregiver Program’s] requirement that the caregiver reside in the employer’s home can put them particularly at risk.

2.112 [...] CIC and HRSDC officials told us that neither the IRPA nor the Regulations give them the authority to conduct compliance reviews of employers who have not consented [to compliance reviews]. [...] Regulatory Modifications aimed at resolving some of these issues are currently being considered.

2.116 [...] Effective administrative sanctions would have a deterrent effect and could reduce the number of fraudulent applications.

The Departments agree with the recommendation and have already taken steps to enhance program integrity and improve worker protections.  For example, HRSDC has introduced new compliance review initiatives to better detect and address instances of non-compliance with conditions specified on labour market opinions.  Information-sharing agreements with a number of provinces are either signed or forthcoming to support enforcement of federal and provincial laws and standards.  In the spring, new policies were introduced that limit labour market opinion validity to six months and enable the revocation of labour market opinions when the conditions that supported that opinion are found to be no longer valid.  Also, in June 2009, an electronic mailbox was created at HRSDC for CIC and Canada Border Services Agency staff to seek direction on specific labour market opinions issued by HRSDC, as well as providing a mechanism for reporting possible fraud.

CIC and HRSDC continue to explore options for improving the Temporary Foreign Worker Program, including changes to the Immigration and Refugee Protection Regulations that would introduce enhanced monitoring of employers’ compliance with program requirements and permit refusal of service in instances where the requirements have not been met.

December 2009

Regulatory changes to improve the Live-in Caregiver Program pre-published in December 2009,

Fall 2009 - winter 2010 

Establishment of an interdepartmental working group to develop implementation plans for the proposed regulatory changes.

December 2009

 Announcement of administrative improvements to the Live-in Caregiver Program, for implementation in 2010.

2009 and ongoing

CIC will continue to explore options to enhance program integrity and the protection of individuals, including through legislative changes.

2009 and ongoing 

CIC will continue negotiations for information sharing agreements with provinces and territories to support the implementation of the Temporary Foreign Worker Program regulations, and to improve protections to temporary foreign workers.

2.129 Citizenship and Immigration Canada should ensure that its quality assurance framework is implemented fully and consistently in all missions.

Related observations:

2.128 [...] There is no requirement for immigration program managers to implement [the quality assurance framework] or to report on quality assurance.

Citizenship and Immigration Canada agrees with the recommendation. 

Citizenship and Immigration Canada has recognized the importance of consistency in all of our program delivery.  As we move to modernize our service delivery model we will ensure that quality assurance is a key objective of our program delivery and that it is applied in a consistent and risk-based fashion within two years.

March 31, 2010

1. Review & enhance the current  Quality Assurance Framework by:

  • Adding tools supporting self-assessment of risk areas;
  • Strengthening the reporting requirements;
  • Introducing a central analysis function to leverage lessons learned and best practices within the network.

2010/11

2. Implementation within the International Region.

March 31, 2011

3. Expand into a comprehensive QA Framework for all Operations Sector.

Ongoing

4. Evolve the QA Framework as

the Service Delivery Model evolves.