CIMM#113: Pension Transferability and Access to Mandatory Provident Fund (MPF), and Delays in Permanent Residence and Visas for Hong Kongers

Jenny Kwan Vancouver East, BC
All right. Thank you.
Hence, we have this problem. You have the Canadian government, which created this lifeboat scheme for Hong Kongers who are fleeing persecution in Hong Kong as a result of the national security law. The government, in its wisdom or lack thereof, created this lifeboat scheme that only provides for temporary residence by way of a work permit or a study permit. Then these people have to go to the queue to make an application for permanent residence, and we know that there is a huge backlog and delay in processing.
In the beginning, there was swift action, but as time has passed, it's been lengthened by way of the delay, to the point where the former minister even made an announcement to further extend people's work permits and study permits for another three years. That is to say, a person could be here for six years—as long as six years—under this current scheme without getting permanent residence. This is because the minister anticipated that people would not be able to swiftly get their permanent resident status. That is the reality.
As a result of that, people are not able to provide proof of permanent residence, because the application is in process. To make it even worse, the government—the minister—just made an announcement about the levels plan, cutting levels to the tune of 105,000 permanent resident status applications.
You can imagine how long the wait-list is for Hong Kongers as they continue to wait. Now, these Hong Kongers have zero intention of returning to Hong Kong, because they know that they would be persecuted if they did. People know that. I think the Canadian government knows that.
This is my question, then, to you as the manager of their pension, which, because of this rule, they're unable to access: Would your organization be willing to write to the regulator to ask for consideration for these applicants who are in a prolonged period of waiting for permanent resident status, to ask that their declaration indicating that they do not intend to return to Hong Kong be accepted as proof that they intend to leave Hong Kong permanently so that they can access their pensions? Is that something that your organization would consider doing?

Maryscott GreenwoodGlobal Head, Government Relations, The Manufacturers Life Insurance Company
I think I understand the question.
The basic premise of your question has to do with the period of time it takes for the Government of Canada to determine and provide permanent residency or citizenship. It seems to me that this is a function of the Government of Canada, as opposed to a regulated entity. That's how I would answer that.

Laura HewittSenior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.
Yes. I would say that it's not within our authority to change the criteria.
However, our numbers show that once that permanent residency does come through, we're able to process the applications and approve Canadian permanent residents.

Citizenship and Immigration Committee on Oct. 31st, 2024
Evidence of meeting #113 for Citizenship and Immigration in the 44th Parliament, 1st Session

11:40 a.m.

The Chair Sukh Dhaliwal
Liberal

That was six minutes and 24 seconds.

We will now go to MP Kwan for six minutes.

Please go ahead.

 

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

Thank you to the two witnesses for coming back to the committee.

Ms. Greenwood, you mentioned that one of the eligibility requirements is that the applicant would have to fill out a declaration, and in that declaration they would have to indicate that they have no intention of returning to Hong Kong or that they have every intention of leaving Hong Kong permanently.

Can you advise whether...? Who sets the requirement that this declaration, in and of itself, is insufficient to be utilized as proof that they do not intend to return to Hong Kong—that is to say, that they intend to leave Hong Kong permanently?

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

The criteria in every jurisdiction in the world are set forth by the local jurisdiction. The criteria that are required in Hong Kong are not only the declaration that you intend to leave and not return, but also the proof that you have permission, if you will, to reside in another jurisdiction. It's two criteria that you have to meet.

 

Jenny Kwan Vancouver East, BC
NDP

You say that it's the Hong Kong government that requires proof of permanent residency or citizenship in a different country in conjunction with the declaration in order for you to then process the application. Is that correct?

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

It is the regulator of the mandatory provident fund, which is in Hong Kong.

 

Jenny Kwan Vancouver East, BC
NDP

It's the regulator in Hong Kong. Who sets the rules for the regulator? Is it the Hong Kong government?

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

Yes.

 

Jenny Kwan Vancouver East, BC
NDP

Okay, and that's the same for Sun Life. Is that correct?

 

Laura Hewitt
Senior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.

Yes, we follow the rules from the Mandatory Provident Fund Schemes Authority, the MPFA. That's the regulator.

 

Jenny Kwan Vancouver East, BC
NDP

All right. Thank you.

Hence, we have this problem. You have the Canadian government, which created this lifeboat scheme for Hong Kongers who are fleeing persecution in Hong Kong as a result of the national security law. The government, in its wisdom or lack thereof, created this lifeboat scheme that only provides for temporary residence by way of a work permit or a study permit. Then these people have to go to the queue to make an application for permanent residence, and we know that there is a huge backlog and delay in processing.

In the beginning, there was swift action, but as time has passed, it's been lengthened by way of the delay, to the point where the former minister even made an announcement to further extend people's work permits and study permits for another three years. That is to say, a person could be here for six years—as long as six years—under this current scheme without getting permanent residence. This is because the minister anticipated that people would not be able to swiftly get their permanent resident status. That is the reality.

As a result of that, people are not able to provide proof of permanent residence, because the application is in process. To make it even worse, the government—the minister—just made an announcement about the levels plan, cutting levels to the tune of 105,000 permanent resident status applications.

You can imagine how long the wait-list is for Hong Kongers as they continue to wait. Now, these Hong Kongers have zero intention of returning to Hong Kong, because they know that they would be persecuted if they did. People know that. I think the Canadian government knows that.

This is my question, then, to you as the manager of their pension, which, because of this rule, they're unable to access: Would your organization be willing to write to the regulator to ask for consideration for these applicants who are in a prolonged period of waiting for permanent resident status, to ask that their declaration indicating that they do not intend to return to Hong Kong be accepted as proof that they intend to leave Hong Kong permanently so that they can access their pensions? Is that something that your organization would consider doing?

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

I think I understand the question.

The basic premise of your question has to do with the period of time it takes for the Government of Canada to determine and provide permanent residency or citizenship. It seems to me that this is a function of the Government of Canada, as opposed to a regulated entity. That's how I would answer that.

 

The Chair Sukh Dhaliwal
Liberal

Ms. Hewitt, do you want to contribute?

 

Laura Hewitt
Senior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.

Yes. I would say that it's not within our authority to change the criteria.

However, our numbers show that once that permanent residency does come through, we're able to process the applications and approve Canadian permanent residents.

 

Jenny Kwan Vancouver East, BC
NDP

Yes, I understand that it's not within your authority. However, given that you just said yourself—both of you—that you are client-centred, that you're there to support the clients, and knowing that this is the reason that people can't access their funds, even though they have every intention, as declared in their declaration, to leave Hong Kong permanently, then wouldn't it be incumbent upon your organization to express that point of view and ask the regulator to consider allowing these individuals to access their funds?

Now, on the flip side, would you, as an organization, be willing to write to the Canadian government to indicate the number of applicants in your system who have applied and are unable to access their pension funds because they have not been able to prove permanent residency because they only have a study permit or a work permit? Is that something you'd be willing to do? Just give a quick yes or no.

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

We provide clear answers about what the constraints are and what the opportunities are. Our focus is our customers; you're right about that. We're highly regulated, so we operate under the regulations that are provided to us.

 

The Chair Sukh Dhaliwal
Liberal

Ms. Hewitt.

 

Laura Hewitt
Senior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.

Yes, we must comply with the rules and regulations, but we are actively helping our clients. We continue to proactively give them information and are there to support them, ensuring they have access, whether that's when they hit retirement age, at 65—again, it's a retirement scheme, so it's there for them in their later years—or in cases where they are early unlocking.

 

Jenny Kwan Vancouver East, BC
NDP

I wanted a yes or no.

 

The Chair Sukh Dhaliwal
Liberal

Thank you, MP Kwan. You had seven minutes and 32 seconds.

We will now go to Mr. Kmiec for five minutes.

Please go ahead.

 

Tom Kmiec Calgary Shepard, AB
Conservative

Thank you, Chair.

I wonder why you are making them sign a statutory declaration that says they're staying permanently in Canada with no intentions of returning, if you say an application for PR is not good enough. Is that your requirement, or is that a requirement of the MPFA?

Ms. Hewitt.

 

Laura Hewitt
Senior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.

That is one of three criteria set by the MPFA. The statutory declaration is part one. Part two is the proof of permanent ability to reside outside of Hong Kong. Part three is that they haven't used the permanent departure stream before.

Those are the three criteria set by the regulator.

 

Tom Kmiec Calgary Shepard, AB
Conservative

Chair, I would submit to the two witnesses that this is the perfect example. Some of the numbers Ms. Kwan just reported back.... The government is going to cut, by more than half, the agency applications it obtains. I said at the beginning that there are tens of thousands of Hong Kongers on one of the two pathways to Canada. They're looking at six, seven or eight years, at current levels, for processing, which means none of them are able to access their MPF funds. There is no knowing whether new MPFA rules would be introduced.

Do you have any concern about your clients in Canada, that being the case?

 

Maryscott Greenwood
Global Head, Government Relations, The Manufacturers Life Insurance Company

As we discussed a bit earlier, there are 291 Manulife customers in Canada who weren't able to provide evidence of permanent departure. We work with them. When their evidence becomes available, they can reapply and we can process it.

By the way, we're required to—and we do—process it within 30 days. Once you meet the requirement, it's fast.

Otherwise, your money is protected until you reach the age of 65 or retire. That's what it's all about.

 

Tom Kmiec Calgary Shepard, AB
Conservative

Chair, I want to thank the witnesses for those answers. I'm not satisfied, but they provide more clarity about where some of the problems are coming from.

I have a motion I want to move. It is related to the international student study this committee is going to be undertaking. My motion has been on notice since September 13.

It says:

That, pursuant to Standing Order 108(1)(a), the committee request the Minister of Immigration, Refugees, and Citizenship to provide an unredacted version of the “Memorandum to the Minister: Updating the policy regarding the financial requirement for study permit eligibility for international students”, submitted in response to the February 28, 2024, Motion for Production of Papers; and that any redactions applied under section 14 and 21 of the Access to Information Act be removed, while respecting exclusions under section 19, 23, 69, as the current redactions hinder the committee's ability to discharge its duty of proper oversight and scrutiny.

So the public understands, committees of Parliament have an unlimited right of access to documentation.

I've gone through the briefing note. These are the three areas I am okay with being redacted. Section 19 is on personal information. I counted zero in the briefing note. Section 23 is on solicitor-client privilege, which means the lawyers of the Government of Canada. There are three of them. I'm okay with that not being shown to us. There's one reference to section 69 in the briefing note. The other ones, though, are much more substantive. Section 14 is on federal-provincial affairs. There are 11 redactions. For section 21, on the operations of government, there are 40 redactions.

We have a right—especially on the opposition side—to know what is going on. This is an expansive briefing note. We're going to be doing an international student study, and we have a right to know what is behind this, unless they have something to hide. I hope they don't. We'll see how the vote comes out.

That's why I moved this motion. I want the document unredacted, Chair.

 

The Chair Sukh Dhaliwal
Liberal

The motion is on the floor.

Is there any debate?

MP Kwan.

 

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

I fully support the motion. The production of documents is something that I believe I advanced in a previous meeting. I was astounded when the documents came back with so many blank pages.

Mr. Chair, I fully support the motion that was put on the floor.

 

The Chair Sukh Dhaliwal
Liberal

Is there any other discussion?

 

An hon. member

Can we suspend for a minute so that we can have a discussion about this?

 

The Chair Sukh Dhaliwal
Liberal

Okay, we're suspended.

 

The Chair Sukh Dhaliwal
Liberal

I call the meeting back to order.

Go ahead, Mr. Chiang.

 

Paul Chiang Markham—Unionville, ON
Liberal

Thank you, Mr. Chair.

I take it that both of our witnesses have already left. I cannot thank them. Did you thank them?

 

The Chair Sukh Dhaliwal
Liberal

I already thanked them, so you don't need to worry about that.

Let's focus on the motion brought forward by Mr. Kmiec.

 

Paul Chiang Markham—Unionville, ON
Liberal

Thank you, Mr. Chair.

I want to thank Mr. Kmiec for bringing this motion forward.

About redaction, I want to emphasize why information is redacted and certain criteria for redaction. My background is policing. There's always freedom of information in any public office where government offers this freedom of information request. Most of the information or all of the information that we disclose to the public is redacted. Every report that goes out is redacted, and there's a reason for that. The reason for redaction is protecting privacy and protecting sensitive information on the report itself so that it doesn't get out to the public where it jeopardizes people's safety or jeopardizes other things.

This is in the policing realm. It would be different here in a federal government matter, but in policing we redact information so that it does not jeopardize people's safety and the sensitivity of the investigation itself.

In saying that, I hope that the information Mr. Kmiec is asking for is used in a proper manner instead of using it for a frivolous matter. I'm hoping for that.

 

The Chair Sukh Dhaliwal
Liberal

Thank you.

Go ahead, MP Kwan.

 

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

I'd like to amend the motion by stipulating that we need to get this information within 30 days. I think that's fairly standard, and 30 days is ample time for the department to produce the documents. Otherwise, I fear that we might never see them at the rate that things are going.

 

The Chair Sukh Dhaliwal
Liberal

Now we have the amendment on the floor by Ms. Kwan that the information be provided by the department within 30 days.

We're speaking on the amendment.

Go ahead, Mr. Redekopp.

 

Brad Redekopp Saskatoon West, SK
Conservative

I wonder if it should say “calendar days”, just so we are ultimately super clear on this.

 

The Chair Sukh Dhaliwal
Liberal

You want 30 calendar days. Thank you.

Is there any more discussion on the amendment brought forward by MP Kwan?

We'll have a recorded vote.

(Amendment agreed to: yeas 6; nays 5 [See Minutes of Proceedings])

(Motion as amended agreed to on division)

Thank you.

The meeting is adjourned.

 

https://openparliament.ca/committees/immigration/44-1/113/jenny-kwan-1/

Latest posts

CIMM#115: Pension Transferability and Access to Mandatory Provident Fund (MPF), and Delays in Permanent Residence and Visas for Hong Kongers Recent Reforms to the International Student Program

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
I would say that's generally the case. If the work permit they obtained was originally connected to the public policy, that's correct. I don't know if that's the situation in all cases. In some cases, applicants may have had an LMIA-based work permit to begin with.

Jenny Kwan Vancouver East, BC, NDP
That's right. However, under the special immigration measure, the LMIA is not required.  I have a list of applicants in those circumstances. Their work permit renewal application was rejected. They were asked to submit an LMIA, which makes no sense. I want to flag that as a deep concern now emerging for people whose open work permits are being rejected as they wait for their permanent resident status. At this rate, given the immigration levels plan numbers and the processing delays happening, and with the number of applicants in place, you can imagine that it's going to take something like eight years to get through the backlog of people getting their PR status. This means that if they are trying to get their pension, they will not be able to do so for eight years, because they are required to provide proof of permanent residence.
I want to flag this as a major concern. I hope the department will take action to fix the error being applied to applicants whose open work permits are being rejected under this stream.  Can I get a confirmation from officials that this will be undertaken?

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
Yes, that issue has been raised with the department already, and we're looking into it to see what exactly happened in those situations.

Jenny Kwan Vancouver East, BC, NDP
Okay. Officials are aware of it, and yet it's still happening.  I have cases coming to me that are happening. I'm about to prepare a giant pile of this stuff for the minister, so I hope the officials will fix that.  The other thing related to the pension, of course, is lengthy delays for people to get their permanent status.  Based on the immigration levels plan and the number of applicants in place, is it the officials' anticipation that it will take about eight years to get those applications processed?

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
We have looked at that possibility. Certainly, it will take longer than we had previously indicated to the committee. I would note that the first year of the levels plan is the fixed year. The years that follow, in this case, 2026 and 2027, are flexible. There are opportunities to adjust those numbers in the future, and that could affect that timeline. It's hard to say whether eight years will be the timeline, but it will be longer than had been originally predicted because the numbers have gone down.

CIMM#114: Recent Reforms to the International Student Program

Jenny Kwan Vancouver East, BC
Aside from looking at patterns of potential violators—the groups and organizations taking advantage of students with these fraudulent letters of acceptance—will you be including in the analysis what types of institutions are being utilized for these fraudulent letters? In other words, is it private institutions versus public institutions, colleges versus universities and so on? Will that be part of the analysis?

Bronwyn MayDirector General, International Students Branch, Department of Citizenship and Immigration
It's not always the case that a letter originates from an institution. We would need to look at various possible sources.

Jenny Kwan Vancouver East, BC
Maybe I can reframe that.
Obviously, as these are fraudulent letters of acceptance, they wouldn't be issued by the institutions. However, regarding the list of institutions being used for the purpose of these fraudulent letters, I would be interested in obtaining information to determine what percentage are private institutions and public institutions, how many of them are colleges, how many of them are universities and so on. That will tell us very specific information that I think is important when trying to tackle fraudulent activities.

Bronwyn May, Director General, International Students Branch, Department of Citizenship and Immigration
I completely agree. That's a very important line of analysis.

Jenny Kwan Vancouver East, BC
I will make the further request to make sure you share this information with the committee. I'll argue that this information should not be kept secret. It should be public and transparent—shared with all Canadians—so that we're aware of what the landscape is and of how international students are being taken advantage of. With respect to that analysis, will there be information and data on what countries are being targeted?

Click to read the full discussion from the Committee meeting

Are you ready to take action?

Constituent Resources
Mobile Offices
Contact Jenny

Sign up for updates