39th PARLIAMENT, 2nd SESSION
EDITED HANSARD • NUMBER 036
CONTENTS
Wednesday, December 12, 2007

Immigration and Refugee Protection Act

Mr. Ed Komarnicki (Parliamentary Secretary to the Minister of Citizenship and Immigration, CPC):

Mr. Speaker, I am pleased to speak to Bill C-394, An Act to amend the Immigration and Refugee Protection Act (sponsorship of relative).

This private member's bill would grant every Canadian citizen or permanent resident the opportunity to sponsor once in his or her lifetime one foreign national who is a relative but not a member of the existing family class. The existing family class is a spouse, a common law or conjugal partner, a child under 22, a parent, or a grandparent. In that sense, there is an opportunity to sponsor family.

All of us appreciate the importance of strengthening families. Family reunification has been a cornerstone of Canadian immigration for decades, and this government is committed to ensuring that families represent a vibrant component of our immigration program in the years ahead. Indeed, that is what Canadians expect. Canadians expect a government that is firmly committed to families and to strengthening the ways that families can be reunited with their loved ones from overseas should they choose to make Canada their new home.

The issue raised by Bill C-394 is not new. There is a considerable history to it. The bill was previously introduced on two occasions and was defeated by significant margins at second reading. Bill C-272 was previously defeated on March 23, 2005 by a margin of 167 to 76. Bill C-436 was defeated on April 18, 2004 by a margin of 149 to 40. It is worth noting that both our party and the then Liberal government were clearly opposed to the previous incarnations of this bill.

The bill defines a relative as a brother or a sister of the sponsor, an aunt, uncle, niece, nephew, first cousin, or a child who is under 22 and not dependent on the sponsor.

The management and implementation of a provision for once in a lifetime sponsorship of a family member is problematic for a number of reasons, all of which apply to the private member's bill before the House today. Such a wide open expansion of the family class category would place an unsupportable burden on existing resources.

It is interesting that the member did not answer the question about the uptake, or how many people this might bring into the system. If, as she said, the targets were not going to be changed, where would those numbers come from, where would they be taken away from?

There is no doubt that it would increase inventories exponentially and likely result in substantial delays for processing other applications, including those from immediate family members or applicants from other family class categories. This clearly is not in the best interests of Canadians.

The hon. member for Parkdale—High Park knows there are extensive family reunification provisions in the current Immigration and Refugee Protection Act and the regulations and guidelines thereunder. These regulations, passed in 2002, significantly enhance the family reunification program and more closely reflect today's social and cultural realities.

It is easier today for Canadians and permanent residents to sponsor their loved ones from abroad in a well-managed and sustainable way.

These changes, for example, provide for equal treatment under the law for common law and conjugal partners. They expand the definition of dependent child to better reflect the new realities of children being reliant on their parents for longer periods of time. They lower the age at which Canadian citizens or permanent residents are eligible to sponsor from 19 years of age to 18 years of age.

Under the immigration and refugee protection regulations, Canadians and permanent residents can also sponsor any other relative, regardless of age or relationship, if the sponsor does not have a more immediate living family member.

These enhancements to the family class facilitate family reunification while ensuring an appropriate balance between economic and non-economic immigrants. In the absence of a significant increase in admissions and resources, the adoption of this bill would have significant impacts on the balance and on the overall inventory and processing.

While the previous Liberal government allowed the backlog to balloon to over 800,000, the ever-increasing number of applicants wishing to make Canada their home continues to put additional pressures on the immigration system which many say is already too cumbersome and slow. These pressures would be compounded exponentially by the implementation of Bill C-394.

Simply put, implementing this legislation would impede CIC's ability to ensure the program is balanced and responsive to government priorities, including the ability to meet labour market demands.

The proposed amendments would also have potential impacts on matters of provincial and territorial concern. The Minister of Citizenship and Immigration has consulted with other levels of government, partners and stakeholders to find a way to work on immigration issues in a more coordinated and cooperative way.

For example, under provincial and territorial immigration agreements, the government has removed the limit on the number of immigrants provinces can nominate each year, allowing the provinces a better opportunity to meet their unique economic, social and labour market needs.

We have also committed to find ways to help temporary foreign workers and students settle in the provinces. In recent years most have gone to Toronto, Montreal and Vancouver because large, established ethnic communities in those cities have made them attractive to newcomers. This has been a major challenge for the immigration system. Therefore, we have aligned our system to make it more responsive to labour market and regional needs.

As all members know, part of the government's plan for the coming year involves introducing a new avenue to immigration, a new economic class that will help attract and retain certain skilled temporary workers and international students with Canadian degrees and work experience.

We must ensure that the immigration program continues to meet the needs of all Canadians in the future. It is how the government will move forward in the future.

We agree with the concept of making it easier for families to reunite with their loved ones. We agree with the idea of strengthening families in general. But, the government has also a duty to properly manage the immigration program and ensure the principles of integrity and balance are upheld.

It is worth noting that the previous Liberal government was vehemently opposed to this legislation when it was introduced in previous sessions. On November 3, 2003, a former parliamentary secretary to the minister of citizenship and immigration said:

Such a wide open approach would significantly increase processing delays and the size of existing backlogs for every immigrant category. it would place an unsupportable burden on existing resources, and it would help to undermine the integrity of the entire immigration program by increasing the opportunities for fraud.

This position was echoed by another former Liberal parliamentary secretary to the minister of citizenship and immigration, the current member for Vancouver Centre, who, on February 12, 2004 said that the actual effect of the legislation would be:

--anyone could sponsor nearly anyone else as a member of the undefined relative class without any thought to fiscal support or employability. The new person could then repeat the exercise, as could their sponsored applicant, and so on, creating a multiplier effect. The result would be an almost limitless chain of family class immigration based simply on loose associations.

If this proposal is adopted, not only will we need significant resources to deal with a larger number of cases, but we will also need proportionally more resources to deal with the family class applications, simply to maintain the existing ratio between family and economic class immigration.

Moreover, this could result in new frauds and it could undermine the integrity of the economic class immigration, since a significant number of economic class immigrants have distant relatives in Canada who could sponsor them.

The changes proposed...runs counter...to the principles of fairness, balance and consultation, and so we cannot support it.

That is what that member said. Those are not our words.

Implementing Bill C-394 would have far-reaching negative implications on the integrity of the current immigration system. Its specific proposals to expand the family class are both unsustainable and unmanageable. We therefore cannot support Bill C-394 and urge all hon. members to do the same.

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