CIMM#35: Talk about if CIMM would undertaking a study of the coming into force date for the College of Immigration and Citizenship Consultants act

Citizenship and Immigration Committee
October 12, 2022 / 2:50 p.m.


Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Madam Chair.

Before we get into scheduling issues, which I'll defer for further discussion at a later time, on the substance of the issue, which is where we are with respect to this motion, I think committee members may have received these documents. They were sent to me, but I understand they were also sent to the clerk for distribution. They may not have gone through translation. I'm not quite sure. In any event, I received a whole stack of documentation on this issue, including the ATIP document. It's over 300-some pages, so I pored over that document.

There is some pertinent information that I think is important to bring to the attention of the committee. I would then have some questions for Mr. Redekopp as well.

The ATIP document shows that on Friday, November 20, 2020, Ian Shugart, who was then the clerk of the Privy Council, signed an order stating that the Governor General “fixes the day on which this Order is registered”.

I don't know what that means and what compelled him to fix the date. How did he fix the date and for what reason did he fix the date? It is important for us to get an understanding of that.

The other interesting note for me in reading the document is that on Monday, November 23, 2020, Sabrina Kabir in the Department of Immigration wrote, “The GG already signed on Friday or Saturday, so technically the act is now in force.” According to the immigration department, officials seemed to think that the act had already come into force as well.

Subsequent to that on November 23, assistant director Brian Smith wrote, “The GG signed off on the order late Friday. As such, the act is already in force as of November 20, but this is not yet in the public domain”, so that's yet another official confirming that the act has been signed and is in force.

We know that on November 25, according to the documents, Gervas Wall wrote to the Federal Court in Toronto, stating that the act was “proclaimed in force on November 20, by order in council PC Number 2020-0903.” That was another definitive statement from officials.

We then have other officials writing to Mr. Therrien, asking, “Do we know how this came into force? I assume there is a paper trail aside from the lines we reviewed. Can you let me know please...?” Officials are trying to find this paper trail.

On November 27, Madam Chair, Jonathan Shanks, who is the senior counsel for the Privy Council Office, wrote, “I understand that the Order was made on November 20. ...the Order will be registered on December 9.” There's a discrepancy.

If you look at the order, it does not say that the registration would have a different date. The OIC dated November 20 clearly indicates that:

Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to subsection 300(1) of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, fixes the day on which this Order is registered as the day on which section 292 of that Act comes into force.

The language there is quite clear in saying that the order was registered as the date on which the section of that act came into force. It was supposed to be the same day.

There's something odd about this OIC, and I don't know how that came about. On the bottom of the OIC, there's a “date modified”, which reads, “2017-04-31”, referring to April 31, 2017. I don't know what that date means or how it came about.

Obviously, there's a glaring concern in the sense that April does not have 31 days. Regardless, that might be a computer glitch or something. I'm not sure. The OIC, though, was very clear about the date this comes into force.

On November 27, a counsel wrote to Mr. Therrien, “Oh boy. Anyway for next week now.” Somehow an alarm bell has been rung that something was awry here.

Then the assistant director, Brian Smith, wrote on November 30, “Things are on fire over here.” I don't know what prompted that comment, but something is definitely not quite right, judging from that comment.

Further down in this document of 300-some pages, it notes that Brian Smith sends to staff an email that says, “For urgent briefing:

“Remedial measures likely required re: College Act coming into force.

“Issue: The College Act is not yet in force, and will not be in force until December 9, 2020, the day on which the order in council will be formally registered. The department will need to consider remedial measures, given public communication of November 25, 2020, that the College Act was already in force.”

Officials there have now noted that there is a major concern and that some sort of remedial measure is required.

Finally, Madam Speaker, on November 27 Jonathan Shanks wrote, “I understand that the Order was made on Nov. 20....the Order will be registered on December 9”, so now a changing of the date has occurred or is occurring.

Subsequent to that, Mr. Gervas Wall was at a case management hearing in Toronto. He said the following:

...it was brought to my attention this morning that, although the order in council was signed on the 20th, the registration date of that order is actually December 9, and so the act will come into force on December 9th....

He went on:

I thought that it was the 20th, but registration date was something that I was not familiar with, and it missed me. ... I'm so embarrassed about that, but I do apologize.

That's what he seemed to have indicated.

That was followed by Jennifer Chow on December 3, who wrote the following:

I'm advised the in force date of the College Act...that we referred to at Ms. Salloum's cross- examination held on November 26, 2020 is incorrect. Typically, the date of the OIC is the same as the in force date, but this OIC had irregular wording and the in force date...is expected to be December 9....

These are some of the key passages that came about from the ATIP document.

I have a question. I wonder why Mr. Redekopp decided not to include, for example, the then clerk of the Privy Council, Ian Shugart, who signed the order, as one of the officials to be invited to come to committee. He actually said very clearly that he signed an order stating that the Governor General “fixes the date on which this order is registered”. What fix was he trying to do here? Why was he asked to do a fix? I think that's pretty critical information for us to obtain.

Three officials were very clear to say that the act was passed on November 20 and came into force on the 20th. They were all wrong, apparently. It wasn't one official; all three officials were wrong. What triggered, then, the need for the change? Why did the order in council have this irregular wording? What prompted it?

As we know, orders in council are very intentional. The wording is not just something you dream up. It's very intentional, for a purpose.

The order in council clearly stated that the registration date is the date on which it comes into force. Why did it have that intentional wording? Then, later on, it was discovered that it was irregular wording. Why was it necessary, then, to change the coming into force date to December? All this is tied to a copyright issue. I don't know enough about that case, but I think dates matter from this perspective.

My other question for Mr. Redekopp is this: Is it his intention with this motion to exclude other officials who we might need to call upon to shed light on this situation, or would the committee members, if deemed necessary, be able to request other officials to come before the committee for clarity??

 

https://openparliament.ca/committees/immigration/44-1/35/jenny-kwan-1/

Latest posts

CIMM#93: Closed Work Permits and Temporary Foreign Workers and Briefing on Recent Changes to International Student Policy and Plans for Future Measures

On the question around student housing, I absolutely think that it is essential for institutions and provinces do their part and I think that the federal government should show leadership and perhaps initiate a program wherein the federal government contributes a third of the funding, institutions provide a third of the funding, and the provinces and territories provide a third of the funding towards the creation of student housing, both for international students and domestic students. That way you can have a robust plan to address the housing needs of the students.

I'm going to park that for a minute and quickly get into the students who were subject to fraud. We have a situation in which students have now been cleared and found to be genuine by the task force, but they have not gotten their passports back yet. I don't know what the holdup is, and I wonder if the minister can comment on that.

Second, there are students who are still waiting to be evaluated by the task force, and the task force work can't proceed because they might be waiting for a date for the IRB to assess the question on their permit on whether or not it was genuine or whether or not there was misrepresentation. They are consequently in a situation in which people are just chasing their tails and they can't get to the task force.

On that question, will the minister agree that instead of making people go through that process with the IRB, the task force evaluation can move forward first so that they can be found to be either a genuine student or not a genuine student?

 

CIMM#92: Closed Work Permits, Temporary Foreign Workers and Committee Business

I want to thank the special rapporteur for joining us today at committee. I also very much appreciate your coming to Canada and looking into this issue.

As many of the witnesses have said to us, the issue around the immigration system as it's set up, with the closed work permit approach, is that it actually sets these workers up for exploitation. From that perspective.... It's not to say, as the Conservatives would suggest, that you were alleging that all employers abuse workers. I don't believe you said that at any point in time; rather, I think the issue is about the immigration system that Canada has.

Instead of having this closed work permit situation, what would you say is the remedy to address the exploitation that many of the migrant workers you spoke with directly experienced?

 

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual
Tomoya Obokata

My recommendation is, certainly, to modify the closed nature of the program. If the workers are able to choose their employers at their own will, that reduces the instances of abuse and exploitation.

More importantly, whether it's closed or not, employers have to comply with the relevant legal obligations. I accept that a large number of employers already do. It's those others who do not who require further attention from the provincial and federal governments to see whether they can take appropriate law enforcement actions against those who breach labour standards legislation.

 

Jenny Kwan Vancouver East, BC
NDP

With respect to exploitation, one of the issues that migrant workers are faced with is that they don't have full status here in Canada; they have only temporary status. One issue that has been identified is the closed work permit. The other issue is in terms of having rights. Being able to have their rights protected also means that they have to have status here in Canada.

How would you suggest the policy side of things should be amended to ensure that these migrant workers have their rights protected?

CIMM#91: Government's Response to the Final Report of the Special Committee on Afghanistan and Committee Business

Thank you very much, Mr. Chair. I thank the committee members for supporting the last motion.

I have another motion that I'd like to move at this point. Notice has been given for it. It reads as follows:

That, pursuant to Standing Order 108(2), the committee invite the Minister of Immigration, Refugees and Citizenship and the Minister of Housing, Infrastructure and Communities and relevant officials together for two hours, or invite the Minister of Immigration, Refugees and Citizenship with relevant officials for two hours, and the Minister of Housing, Infrastructure and Communities to appear separately with relevant officials for one hour to update the committee on:

(a) the work of the task force addressing the exploitation scheme targeting international students as many students are still reporting that they are in limbo and have not heard back from officials about their status;

(b) the measures taken by IRCC and institutions to help prevent and protect international students from fraud schemes;

(c) the justification to increase the financial requirements for international students by more than 100% to $20,635;

(d) the justification for putting a cap on international study permits; and

(e) the plans to address the housing crisis for international students and efforts made to collaborate with provinces, territories and post-secondary institutions.

I think the motion is self-explanatory on all elements, and I think we would benefit from having the two ministers appear before our committee. We've also deliberated this issue at length at another meeting, so in the interest of time, I won't revisit all of those points.

I hope committee members will support this motion.

 

Are you ready to take action?

Constituent Resources
Mobile Offices
Contact Jenny

Sign up for updates