Questions and responses 41st Parliament, 1st session June 2, 2011, to September 13, 2013

With regard to the Temporary Foreign Workers Program for 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012: (a) how many Temporary Resident Permits have been issued for individuals suspected to be victims of human trafficking; (b) how many Temporary Resident Permits have been renewed for individuals suspected to be victims of human trafficking; (c) how many Temporary Work Permits have been issued to individuals who are exotic dancers; and (d) how many Temporary Work Permits have been renewed for individuals who are exotic dancers?

With regard to the Review of the Temporary Foreign Worker Program (TFWP) that was announced in November 2012: (a) which department is the lead for the review and which departments are involved; (b) what are the Terms of Reference for the Review; (c) what is the scope of the Review; (d) who is the lead conducting the Review, including, (i) their name, (ii) their position and department or organization, (iii) their duties in relation to the Terms of Reference for the Review, (iv) any other responsibilities or duties they may have with respect to the Review; (e) how was it determined which department would be the lead in the Review; (f) when did the Review begin; (g) what are the titles of any reports or studies being used to conduct the Review and who are the authors; (h) for any consultations that are part of the Review, what third party groups and stakeholders are being consulted as part of the Review, broken down by employers and employer groups representatives, labour unions and employee representative groups, non-profit groups, provinces and territories, and other groups; (i) when and how will consultations happen; (j) when are the results of the Review expected; (k) will the results of the Review be made publically available and, if so, when and how; (l) what are the findings of the Review to date; (m) with respect to the cost of the Review, (i) what is the cost of the Review, (ii) which departments are allocating resources toward the Review, (iii) what is each department allocating to the Review, including staff resources; (n) what concerns were identified within Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration (CIC) that led to the Review; (o) when did HRSDC first become aware of the concerns that led to the Review; (p) when did CIC first become aware of the concerns that led to the Review; (q) what specific concerns does HRSDC have about HD Mining Ltd following the rules under the TFWP and when did CIC first become aware of these concerns; (r) what specific concerns does CIC have about HD Mining Ltd following the rules under the TFWP and when did CIC first become aware of these concerns; (s) what communications has HRSDC or CIC had with the Government of British Columbia with respect to any concerns about HD Mining Ltd following the rules under the TFWP; (t) with respect to the Labour Market Opinions (LMOs) that are subject to the Review, (i) how many LMOs will be subject to the Review and for which employers, (ii) what will the Review of each of those LMOs entail, (iii) what impact will the Review have on the status of these LMOs during the Review, (iv) what are the possible impacts of the Review on the status of these LMOs once the review is complete; and (u) for the CIC work permits that are subject to the Review, (i) how many work permits will be subject to the Review and for which employers, (ii) what will the review of each of those work permits entail, (iii) what impact will the Review have on the status of these work permits during the Review, (iv) what are the possible impacts of the Review on the status of these work permits once the review is complete?

With regard to temporary foreign workers, for each Labour Market Opinion conducted by Human Resources and Skills Development Canada or Service Canada since January 1, 2006, what is the (i) date, (ii) file number, (iii) subject matter, (iv) result?

With regard to permits and entries for Temporary Foreign Workers (TFW) in the riding of Skeena—Bulkley Valley: (a) what is the total number of permits for each quarter since 2001 inclusive; and (b) what is the total number of entries for each quarter since 2001 inclusive?

With respect to the Department of Foreign Affairs and International Trade: (a) how many employment positions for locally-engaged staff at Canadian embassies and consulates have been terminated in fiscal years 2011-2012 and 2012-2013, specifying which embassy or consulate; and (b) how many locally-engaged employees at Canadian embassies and consulates have had their employment terminated in fiscal years 2011-2012 and 2012-2013, specifying which embassy or consulate?

With regard to Labour Market Opinions issued by Human Resources and Skills Development Canada: (a) for the Labour Market Opinions applied for since January 1, 2011, broken down by month, what is (i) the total number of applications, (ii) the number of applications approved, (iii) the number of applications denied, (iv) the average length of time between the receipt of an application and the issuance of the decision; (b) for the Accelerated Labour Market Opinions applied for since the program began, broken down by month, what is (i) the total number of applications, (ii) the number of applications approved, (iii) the number of applications denied, (iv) the average length of time between the receipt of an application and the issuance of the decision, (v) the number of decisions issued later than ten days after receipt of the application; (c) since April 2011, broken down by month, region and industry, how many companies have been found in non-compliance with their Labour Market Opinion, which companies were they, what were the violations and what restitutions did they make for their non-compliance; and (d) since April 2011, broken down by month, region and industry, how many companies have been found in non-compliance with their Accelerated Labour Market Opinion, which companies were they, what were the violations and what restitutions did they make for their non-compliance?

With regard to Labour Market Opinions performed by Human Resources and Skills Development Canada for the purposes of the Temporary Foreign Worker Program: (a) is there a quantitative metric used to weigh the factors used in the assessment of an employer’s application and, if so, what is the metric; (b) are any of these factors treated with a greater weight than any other factors in the assessment of an employer’s application and, if so, what are they and what are the weights; (c) can an employer’s application succeed if it fails to address all of these factors; and (d) for the Labour Market Opinions applied for since 2000, organized by year and region or province, what is (i) the total number of applications, (ii) the number of applications approved, (iii) the number of applications denied, (iv) the average length of time between the receipt of an application and the issuance of the decision?

With regard to the Labour Force Survey: (a) how many of the jobs created in each of the last releases are from temporary foreign workers; and (b) what are the number of temporary foreign workers included in the survey?

With respect to work permits issued to foreign nationals for an intra-company transfer: (a) for each year from January, 2002, to April 30, 2013, how many work permits were issued in total, broken down by (i) the authorizing trade agreement, (ii) for those in (a)(i) that fall under the North American Free Trade Agreement (NAFTA) or the General Agreement on Trade in Services (GATS), the country of origin; (b) of those work permits identified in (a), how many separate individuals were they issued to, broken down by (i) the authorizing trade agreement, (ii) for those in (a)(i) that fall under NAFTA or GATS, the country of origin; (c) of those work permits identified in (a), what is their distribution, broken down by (i) sector, (ii) National Occupation Classification level; (d) of those individuals identified in (b), how many became permanent residents in Canada; (e) of those work permits identified in (a), how many complaints of abuse has the Department of Citizenship and Immigration (CIC) received in total, broken down by (i) country of origin of the complainant, (ii) sector, (iii) company; (f) has CIC launched any investigations into violations of the rules for intra-company transfers, broken down by (i) country of origin of permit holder, (ii) sector, (iii) company; (g) of those investigations identified in (f), what were the outcomes; (h) what are CIC’s policies, directives, and operational bulletins that guide (i) verifying the genuineness of an application for a work permit for an intra-company transfer, (ii) overseeing compliance with the terms and conditions of work permits issued for intra-company transfers, (iii) handling complaints about intra-company transfers; (i) how many companies have been banned from using intra-company transfers due to violation of the rules, broken down by (i) company, date and violation (ii) country of origin of permit holders for the permits in violation, (iii) sector that the permits in violation were for; and (j) how many companies are currently being investigated for using intra-company transfers in violation of the rules, broken down by (i) company, date and violation in question, (ii) country of origin of permit holders for the permits in question, (iii) sector that the permits in question were for?

With respect to aircraft leased by Canadian airlines: (a) according to Transport Canada, the Canadian Transport Agency and, where applicable, other federal entities, what is the number of passenger aircraft leased through arrangements that include the lessor providing aircraft and crew, broken down by year from 2006 to 2013 year to date, type of aircraft, including but not limited to Boeing 737 and 767, lease duration, lessor name, lessee name, application date, approval date and justification; (b) according to Transport Canada, the Canadian Transport Agency and, where applicable, other federal entities, how many aircraft are leased through arrangements that do not include the lessor providing crew, broken down by year from 2006 to 2013 year to date, type of aircraft, including, but not limited to Boeing 737 and 767, lease duration, lessor name, lessee name, application date, approval date and justification; (c) what is the number of instances in which pilots employed as temporary foreign workers have operated aircraft leased by Canadian airlines, broken down by year from 2006 to 2013 year to date, type of aircraft, including but not limited to Boeing 737 and 767, lessor name and lessee name; (d) in instances where pilots operate aircraft leased under arrangements where the lessor provides aircraft and crew, i) what procedures and safeguards are in place to ensure that they meet Canada’s legal standards for aircraft pilots, ii) which statutes, regulations or other documents set out these procedures and safeguards, iii) which entity is tasked with enforcing these procedures and safeguards; and (e) in instances where pilots operate aircraft leased under arrangements where the lessor provides aircraft and crew, i) what procedures and safeguards are in place to ensure that they meet their country of origin’s legal standards for aircraft pilots, ii) which statutes, regulations or other documents set out these procedures and safeguards, iii) which entity is tasked with enforcing these procedures and safeguards?

With regard to international treaties and conventions dealing in whole or in part with human rights and with Canada’s international obligations in this regard: (a) does the government have any formal or informal procedures for regular review of those international human rights treaties that Canada has not yet signed, ratified, or otherwise accepted; (b) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking conflicts with the Constitution Act, 1867, and if so where can these guidelines be accessed; (c) do the guidelines referred to in (b) specify the standard according to which the government determines if any obligation contained in a treaty or other international undertaking violates any section of the Constitution Act, 1867; (d) has the government engaged in any review of its obligations under the Convention on the Elimination of Racial Discrimination (CERD); (e) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking require implementing legislation in order for Canada to be able to ratify or otherwise accept it, and if so where can these guidelines be accessed; (f) does the government have a position as to whether international agreements that establish a complaints mechanism or communications procedure for enforcement of the rights and obligations contained therein are necessarily unconstitutional; (g) does the government have a policy as to whether Canada will accept such agreements referred to in (f); (h) does the government undergo review of proposed international human rights agreements that would establish such a mechanism or procedure referred to in (f) on a case by case basis, (i) who is involved in this review, (ii) are the provinces and other interested stakeholders consulted in this regard; (i) has the government engaged in any discussions or consultations regarding Canada’s failure to make the relevant declaration under Article 14 of CERD, which would indicate Canada’s acceptance of the Committee on the Elimination of Racial Discrimination’s competence to receive individual complaints, (i) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to make the declaration referred to in subsection (i), (ii) does Canada’s failure to make the necessary declaration referred to in (a) cause it to be derelict with regard to its treaty obligations, pursuant to either CERD or any other international treaty or tenet of customary international law, (iii) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under CERD, (iv) has the government received any complaints or communications from any individuals, organizations, or State Parties to CERD regarding its obligations under the CERD, (v) has the government taken any action in response to such complaints referred to in (iv), (vi) does the government have a position as to whether Article 14 of CERD violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (vii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept Article 14 of CERD; (j) has the government engaged in any review of its obligations under the International Covenant on Economic, Social, and Cultural Rights (ICESCR), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights (Optional Protocol), which establishes a communications procedure for individuals to file a complaint before the ICESCR Committee alleging a violation of the rights or obligations contained in the treaty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under ICESCR, (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to ICESCR regarding its obligations under ICESCR, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i); (k) has the government engaged in any review of its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol), which establishes a system of unannounced visits by international and national monitoring bodies to places where persons are being deprived of their liberty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CAT or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to CAT regarding its obligations under CAT, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i), (ix) has the government received any requests either from a State Party to CAT or from any international or national monitoring group or other organization to visit a specific location in order to confirm allegations that Canada is derelict with regard to its obligations under CAT or where an individual is alleged to be deprived by Canada of their liberties, and if so how has the government responded, (l) has the government engaged in any review of its obligations under the Amendment to Article 43(2) of the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and the Optional Protocol to the Convention to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Third Optional Protocol), which establishes a complaints procedure by which individuals can allege a State Party’s violation of its obligations set out in the conventions or optional protocols referred to in (i), (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Third Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to any of the international agreements referred to in (i) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Third Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i); (m) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICPRMW), (i) does Canada’s failure to sign the ICPRMW referred to in (e) cause it to be derelict with regard to its obligations pursuant to any international treaty or tenet of customary international law, (ii) is there any process, formal or otherwise, by which an individual can issue a complaint pertaining to Canada’s obligations towards migrant workers and temporary foreign workers under international law, (iii) is it the position of the government that temporary foreign workers in Canada who believe there rights pursuant to either domestic or international law have been violated should be allowed to remain in Canada pending the outcome of judicial proceedings in this regard, (iv) is there any formal policy in place by which temporary foreign workers in Canada can ensure that they are not deported pending the outcome of judicial proceedings relating to an alleged violation of their rights under international law, (v) does Canada have an obligation under international law to ensure that temporary foreign workers have access to Canadian courts to adjudicate violations of their rights under domestic or international law, (vi) is there any legal or constitutional barrier to Canada becoming a State Party to the ICPRMW referred to in (e); and (n) has the government engaged in any review of its obligations under the Convention on the Rights of Persons with Disabilities (CRPD), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the CRPD, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CRPD or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to the international agreement referred to in (n) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations – either with the provinces or with any other relevant stakeholders – regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i)?