CIMM Committee Report

Acceptance by a province under its Nominee Program does not guarantee that a permanent resident visa will be granted. Applicants must still submit an application for permanent residence to CIC and are subject to the standard criminal, health and security screening. As well, a visa officer may reject a provincial nominee, even if all statutory admissibility requirements are met. Applicants may be refused permanent resident status if the officer believes that they do not actually intend to live in the province that has nominated them or if, despite their successful provincial processing, they appear unlikely to successfully establish economically.

There is a presumption that provincial nominees meet these criteria. However, if a visa officer is contemplating refusal, the CIC immigration processing manuals provide that the officer must first consult with a provincial official about the file. After consulting, if the officer still intends to reject the application, a second officer must concur in the decision. Rejections of provincial nominees by CIC are rare. As will be discussed, however, witnesses expressed concerns about this part of the process, particularly in relation to delays at Canada’s visa posts overseas.

In the Committee’s June 2002 report Competing for Immigrants, the Provincial Nominee Program was positively assessed as an important tool to be used in assisting areas of low immigration to attract and retain immigrants. As noted above, that study involved a review of visa processing at Canada’s overseas posts and the Committee was pleased that the response to the Provincial Nominee Program was generally positive. While the number who had arrived under the various agreements were relatively small, the Committee noted that the potential was significant and made the following recommendations:

The vast majority of immigrants to Canada settle in Toronto, Montreal and Vancouver. In fact, the 2001 Census indicates that of the 1.8 million immigrants who arrived during the 1990s, over 70% settled in these three urban areas. For the benefits of immigration to accrue to all Canadians, strategies of dispersion are needed for Canada’s smaller communities. The Committee heard from various witnesses that the Provincial Nominee Program has great potential and, in some provinces, has already had a noticeable impact in this endeavour.

The Committee believes that a coercive system requiring permanent residents to settle in particular regions would be problematic for a number of reasons and that an incentive-based system is clearly preferable. The Provincial Nominee Program, offering faster processing of permanent residence applications for those with matched job skills, is an existing and effective tool. Research has determined that the most compelling reason people have for staying in the communities in which they initially settle is the early acquisition of acceptable employment. The Provincial Nominee Program is based on this foundation and, as such, clearly has much to offer in addressing Canada’s regional demographic realities.

In Manitoba, which has the country’s largest Provincial Nominee Program and accounts for 75% of provincial nominee landings, a survey of participants in 2001-2002 has yielded encouraging results. According to CIC:

The Committee is heartened to see this initial success and believes that the Provincial Nominee Program should play a greater role in addressing Canada’s regional labour market requirements. Of course, it is also important that the necessary settlement resources be available to these newcomers to ensure that they successfully establish as quickly as possible.

RECOMMENDATION 1

The Provincial Nominee Program should be one of the main tools used by the federal government to encourage more immigration settlement in all regions of Canada.

RECOMMENDATION 2

To encourage permanent residents to remain in particular regions, Citizenship and Immigration Canada should pursue incentive-based programs that promote settlement throughout the country.

The provincial nominee programs are all individually tailored by the provinces to meet their specific needs. The Committee heard from witnesses who spoke very highly of certain programs — the Manitoba program in particular — and we believe that it would be worthwhile for the provinces to monitor how the Provincial Nominee Program is functioning in all jurisdictions. CIC can play an important role in this regard. By providing a central repository for information that would be accessible to all provincial governments with agreements, the Department can help to ensure that the provinces are aware of what is and is not working for other regions of the country. In doing so, CIC should also ensure that issues of concern that could affect the integrity of the Program are identified.

RECOMMENDATION 3

It is necessary that Citizenship and Immigration Canada prepare an annual report outlining the functioning of the various provincial nominee programs. The report should highlight positive developments as well as identify problems and concerns that have arisen.

RECOMMENDATION 4

The Committee recommends that Citizenship and Immigration Canada facilitate the sharing of information between provinces and take an active role in advising jurisdictions with a Provincial Nominee Agreement of issues that have arisen with respect to other jurisdictions.

The number of Nominee Certificates available to a province is determined through negotiations with the Department. Currently, the number of nominations allowed per province is as follows:

Given that Canada grants permanent resident status to over 200,000 people annually, it is clear that these numbers are simply too low to make a significant economic impact. The Committee realizes that increasing the number of Nominee Certificates will have an impact on our already overburdened overseas visa posts. However, it should also be noted that applicants with Nominee Certificates take less time for visa officers to process, as the destination province has already reviewed them.

RECOMMENDATION 5

Citizenship and Immigration Canada should encourage the provinces participating in the Provincial Nominee Program to expand their programs. The Department should work towards significant increases in the allotment of Nominee Certificates when current agreements are approaching expiry.

RECOMMENDATION 6

Citizenship and Immigration Canada should make the necessary corporate commitment to process significantly more provincial nominees.

RECOMMENDATION 7

The provinces that are participating in the Provincial Nominee Program must also ensure that they commit the necessary resources and should develop strategies to ensure the success of their programs.

The processing of Provincial Nominees is given priority over other independent applicants by CIC. However, the Committee heard evidence that overseas processing can still take up to two years at some visa posts. Such delays will clearly hinder the Program’s development and undermine provincial efforts to promote their regions. The Committee recognizes that there are significant demands on the Department from all applicants, including federal skilled workers, members of the family class, refugees in immediate peril and non-immigrant applicants such as students and temporary workers. We recognize the Department’s administrative burden. However, if the Program is to meet its objectives, the processing of Provincial Nominee Program applications must be done expeditiously.

The Committee has recommended increased resources in the past, and we wish to do more than simply repeat that more money is necessary for fair and timely processing to occur. Other possibilities have been discussed and the Department has a responsibility to assess these and other opportunities to address the processing times for provincial nominees.

For example, it was suggested that a person approved by a Provincial Nominee Program who is awaiting processing at an overseas visa post could be given a work permit based on their provincial nomination. This would allow them to come to Canada sooner, thus meeting legitimate employer needs in a more timely fashion. The Committee believes that while we should not allow shortcuts when it comes to medical and security screening, this option merits further consideration.

Another possibility that the Committee believes is worthy of further study was the suggestion that people already in Canada should be eligible for the Provincial Nominee Program. British Columbia, for example, recently launched a program for international students who are studying in the province and have specific skills and education that have been identified as being in demand. Other groups in Canada might also be specifically targeted, such as people working under the Live-In Caregiver Program. The Committee expects that applications for nominees who have a job offer in a targeted industry and are already in the country with temporary status should be relatively straightforward to process. The fact that they have already been admitted to Canada on a temporary basis should expedite matters.

RECOMMENDATION 8

Adequate resources should be dedicated to ensure that Provincial Nominee Program applications are processed by our visa posts overseas within six months.

RECOMMENDATION 9

Provincial Nominee work permits should be used as a method of allowing Provincial Nominees to begin work in Canada pending the final processing of their permanent residence application.

RECOMMENDATION 10

Provinces should be encouraged to include a domestic component to the Provincial Nominee Program by permitting temporary residents in Canada, such as international students and live-in caregivers, to apply.

Some witnesses appearing before the Committee suggested that the Provincial Nominee Program should be expanded to allow community groups and organizations to assist in the identification and selection of prospective immigrants. Such groups could provide resources and settlement support to skilled workers who might not otherwise qualify under current program guidelines. The Committee also believes that business and industry groups have a significant role to play and should also be encouraged to be at the table. Municipalities desirous of immigration should also be included.

The Committee feels that including more groups who are prepared to provide support to immigrants should be further explored in the context of the Provincial Nominee Program. It is apparent that the greater the local involvement vis-à-vis the newcomer, the greater the likelihood of successful long-term establishment.

RECOMMENDATION 11

Local municipal government, community groups and business associations should be actively encouraged to participate in the Provincial Nominee Program.

RECOMMENDATION 12

Citizenship and Immigration Canada and the provinces with Provincial Nominee Agreements should include local municipal government, community groups and business associations in sponsoring immigrants with targeted skills and business entrepreneurs.

Ontario has not entered into a Provincial Nominee Agreement with the federal government, nor any other type of immigration agreement. While Toronto obviously does not have any problem attracting immigrants, there are labour shortages evident in particular industries in the city. Other regions of the province face the same dispersion issues as the Atlantic Provinces and the Prairies. For all of Ontario to benefit from immigration and attract the skilled workers that are needed, it is clear that a Provincial Nominee Agreement would be beneficial. The Provincial Nominee Program is the most obvious vehicle to identify skill gaps, and to bring municipalities and smaller centres outside of Toronto to the table.

RECOMMENDATION 13

Citizenship and Immigration Canada should pursue a Provincial Nominee Program agreement with the government of Ontario.

Promotion by the provinces at our visa posts overseas will be important to the success of the Provincial Nominee Program. Some witnesses who appeared before the Committee suggested that the provinces look to Quebec to see how that province uses delegations abroad to market their immigration program. The Committee believes that a coordinated effort between the Department and the participating provinces would be beneficial for all involved. Cooperation of this nature could include the deployment of provincial employees to visa posts overseas as well as information sessions for CIC visa officers to ensure they are aware of provincial labour market needs.

Concerns have long been expressed regarding immigration consultants who misrepresent immigration programs, including the Provincial Nominee Program, or who assist people in filing fraudulent applications. While this may soon be addressed by a licensing system that the Minister intends to implement following the report of a consultative committee, it should be stressed that, at this point, the provinces should not rely on immigration consultants to market for them. To do so would threaten the integrity of their program.

RECOMMENDATION 14

Citizenship and Immigration Canada should undertake an international marketing program in coordination with the provinces that have entered into an agreement under the Provincial Nominee Program.

RECOMMENDATION 15

The provinces that have entered into an agreement under the Provincial Nominee Program should be encouraged to promote their regions at Canada’s visa posts overseas.

A communications strategy directed at Canadian employers is also clearly needed. The Committee heard that many employers are unaware of the Provincial Nominee Program or are unsure of what role it can play in allowing them access to the skilled workers they require. Some employers even perceive the Program as making the immigration system more complex and unwieldy. The provinces can do much in this regard, but CIC should also be involved in promoting the Program to Canadian businesses. The Committee believes that the Department should, along with representatives from Industry Canada and Human Resources Development Canada, meet with industry groups and business associations to discuss Canadian labour market needs and how they might be met by the Provincial Nominee Program.

While the Committee heard praise for some of the provincial immigration departments, witnesses expressed concerns regarding the accessibility of CIC program information and, in particular, federal government personnel who are able to answer employers’ questions. For Canadian business to make greater use of the Provincial Nominee Program, it needs to be user-friendly. Efforts should be taken by the Department to ensure that employers in Canada who are trying to recruit workers overseas are able to access the necessary support and information services.

RECOMMENDATION 16

Citizenship and Immigration Canada and the provinces involved in the Provincial Nominee Program should, in conjunction with Industry Canada and Human Resources Development Canada, develop a communications strategy directed at the Canadian business community to inform them of the Provincial Nominee Program and its benefits.

RECOMMENDATION 17

Citizenship and Immigration Canada should review how it provides information to the public, and in particular how Canadian employers can arrange for personal consultations with CIC officials, as part of an overall communications strategy for the Provincial Nominee Program.

Of course, without the adequate resources recommended earlier in this report, marketing and promotion of the Provincial Nominee Program is of little value. It could, in fact, be considered deceptive to actively encourage people to apply under the Program if the processing of applications is not done in a timely manner.

RECOMMENDATION 18

The necessary administrative resources must be provided by Citizenship and Immigration Canada to ensure that increased application volumes that result from marketing and promotional activities are processed quickly.

It is evident that the Provincial Nominee Program is just one tool that is available to meet Canada’s immigration goals. It is not in itself the solution to the demographic and labour market challenges we face. The Committee believes that the economic and social integration of newcomers must also be addressed. After provincial nominees arrive, it is important that they have access to settlement resources. Having nominees arrive in Flin Flon, Digby, or Summerside does not solve the problem of retaining immigrants in such communities. The Provincial Nominee Program also depends upon creating welcoming communities. If we expect newcomers not to migrate to Canada’s larger urban centres, settlement services need to be available.

RECOMMENDATION 19

The Committee recommends that adequate settlement resources be provided to ensure the successful establishment of provincial nominees.

The Committee has also been studying settlement and integration issues and will soon report to the House of Commons, in greater detail, on this aspect of Canada’s immigration strategy.