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CIMM Committee Report

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LIST OF RECOMMENDATIONS

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Bringing the Immigration and Refugee Protection Act in Step with Canadian Values

Recommendation 1

That section 38(1)(c) of the Immigration and Refugee Protection Act and the exemptions to it be repealed; that the Governor in Council repeal all corresponding regulations; and that Immigration, Refugees and Citizenship Canada repeal all corresponding policies and guidelines.

Consulting with Provinces and Territories

Recommendation 2

That the Minister of Immigration, Refugees and Citizenship continue to consult and negotiate with the provinces and territories on a repeal of section 38(1)(c) from the Immigration and Refugee Protection Act.

Collecting Data for Better Decision-Making

Recommendation 3

Until such time as section 38(1)(c) of the Immigration and Refugee Protection Act is repealed, that Immigration, Refugees and Citizenship Canada report to the House of Commons annually on the use of excessive demand by the department, including comprehensive data on: (i) the number of applications for which the estimation for which the estimation of excessive demand exceeds the threshold for any stage of the application; (ii) the medical cost estimates; (iii) the number of such applications delayed by duration delay; (iv) the number of such applications refused; (v) the number of such applications abandoned; (vi) the number of family members whose applications are also delayed, refused or abandoned as a result of the implication of an excessive demand process; (vii) the full costs of implementing excessive demand and appeals; and (viii) such other information as the department, provinces or territories determine to be relevant in negotiating the repeal of excessive demand.

Interim Measures

Recommendation 4

Pending repeal of section 38(1)(c) of the Immigration and Refugee Protection Act, in accordance with recommendation 1, that the following interim measures be implemented to the excessive demand regime:

Proper Training for Immigration/Visa Officers and Medical Officers

Recommendation 4(a)

That Immigration, Refugees and Citizenship Canada ensure that the final decision-makers on a permanent residence application are properly trained in assessing the reasonableness of the medical officers’ recommendations; and that medical officers are properly trained to evaluate the individual’s entire application.

Calculating the Cost Threshold for Excessive Demand

Recommendation4(b)

That Immigration, Refugees and Citizenship Canada fundamentally review how it calculates the cost threshold for excessive demand on health and social services by eliminating from current definitions those services that are not publicly funded.

Recommendation 4(c)

That Immigration, Refugees and Citizenship Canada ensure that the cost threshold for excessive demand on health and social services is calculated by economists based on provincial, territorial and federal data.

Expanding the Categories of Exemptions to the Excessive Demand Provision

Recommendation 4(d)

That Immigration, Refugees and Citizenship Canada expand the list of exempted persons from the excessive demand provision to include economic applicants that are already working in Canada and their family members.

Providing Clear and Comprehensive Information

Recommendation 4(e)

That Immigration, Refugees and Citizenship Canada provide applicants with timely decisions and procedural fairness letters that are written in plain language and are comprehensive in nature, including rationales, in order fully to inform applicants of the findings they must address to overcome a finding of excessive demand.

Recommendation 4(f)

That Immigration, Refugees and Citizenship Canada publish on its website, in plain language, all operation manuals and guidelines regarding health to help applicants understand the evidence they need to provide during their application process.

Parliamentary Review

Recommendation 5

That should, after a thorough consultation with the provinces and territories and analysis of all relevant data, Parliament repeal section 38(1)(c) of the Immigration and Refugee Protection Act, a full parliamentary review of the impact of these changes be undertaken within three years of its implementation and that such a review include its impact on the provinces and territories.