Vol. 151, No. 10 — May 17, 2017
SOR/2017-78 May 5, 2017
IMMIGRATION AND REFUGEE PROTECTION ACT
Regulations Amending the Immigration and Refugee Protection Regulations
P.C. 2017-461 May 5, 2017
Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the annexed form, to be laid before each House of Parliament;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to sections 14 (see footnote c), 17, 89 (see footnote d) and 89.1 (see footnote e) of the Immigration and Refugee Protection Act (see footnote f), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.
Regulations Amending the Immigration and Refugee Protection Regulations
1 The definition live-in caregiver in section 2 of the Immigration and Refugee Protection Regulations (see footnote 1) is repealed.
2 Subsection 25.1(5) of the Regulations is repealed.
3 Subsection 30(1) of the Regulations is amended by adding “and” at the end of paragraph (e), by striking out “and” at the end of paragraph (f) and by repealing paragraph (g).
4 Paragraph 72(2)(a) of the Regulations is repealed.
5 Section 72.8 of the Regulations is replaced by the following:
Requirements — family member
72.8 Subject to subsections 25.1(3) and (4) and for the purposes of this Part, to be considered a family member of an applicant, a person must be a family member of the applicant both at the time the application under Division 6 of Part 5 is made and at the time of the determination of the application.
6 Division 3 of Part 6 of the Regulations is repealed.
7 Subparagraph 198(2)(a)(i) of the Regulations is replaced by the following:
- (i) the Department of Employment and Social Development has provided an assessment under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment — to the foreign national, or
8 Paragraph 200(3)(d) of the Regulations is repealed.
9 Paragraph 207(a) of the Regulations is repealed.
10 The portion of paragraph 301(1)(b) of the Regulations before subparagraph (i) is replaced by the following:
- (b) if the application is made by a person as a protected person referred to in subsection 21(2) of the Act
11 Paragraph 303.2(2)(c) of the Regulations is repealed.
12 The following provisions of the Immigration and Refugee Protection Regulations, as they read immediately before the coming into force of these Regulations, apply in respect of a foreign national who made an application under paragraph 111(a) of the Immigration and Refugee Protection Regulations in relation to an assessment referred to in subsection 203(1) of those Regulations that was requested on or before November 30, 2014:
- (a) the definition live-in caregiver in section 2;
- (b) subsection 25.1(5);
- (c) paragraph 30(1)(g);
- (d) paragraph 72(2)(a);
- (e) section 72.8;
- (f) the provisions of Division 3 of Part 6;
- (g) subparagraph 198(2)(a)(i);
- (h) paragraph 200(3)(d);
- (i) paragraph 207(a);
- (j) the portion of paragraph 301(1)(b) before subparagraph (i); and
- (k) paragraph 303.2(2)(c).
Coming into Force
13 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
In November 2014, the Government of Canada introduced changes to the pathways to permanent residence for caregivers. These changes included a pause of intake of permanent residence applications into the Live-in Caregiver Program for caregivers whose initial Live-in Caregiver work permit was based on a Labour Market Impact Assessment requested by their employer after November 30, 2014. These changes were introduced at the same time as the introduction of two new permanent residence classes for caregivers.
Given that new application intake into the Live-in Caregiver Program is discontinued, and that it has been replaced by two new pathways to permanent residence for caregivers, maintaining redundant provisions authorizing the Live-in Caregiver Program in the Immigration and Refugee Protection Regulations could lead to misinterpretation and confusion regarding program authorities.
The Live-in Caregiver Program was a federal two-step pathway to economic immigration that required the applicant to undertake a mandatory two-year work period as a temporary foreign worker (while living in the home of their employer) prior to becoming eligible for permanent residence. No other temporary foreign worker category imposed similar criteria.
Further, there was no limit on the number of applicants able to enter the Live-in Caregiver Program by obtaining a category-specific work permit in a given year (which is similar to the approach for other temporary foreign worker categories). However, the Government carefully manages the number of permanent residents admitted to Canada in each year through an annual levels plan. The fixed annual volume for Live-in Caregiver Program permanent resident admissions, combined with unlimited annual intake for caregivers as temporary foreign workers, led to a large backlog of permanent resident applications that increased each year. This resulted in long processing times (three to four years) and lengthy periods where caregivers were separated from their family members.
On November 30, 2014, the Government paused intake into this program and introduced two permanent residence classes for caregivers, the Caring for Children Class and the Caring for People with High Medical Needs Class. These new permanent residence classes eliminate the link between eligibility for permanent residence and location of the caregiver’s residence.
In addition, the changes introduced in November 2014 reduce the requirements imposed on foreign nationals to apply to work in Canada as a caregiver under the Temporary Foreign Worker Program, since regulatory requirements that went beyond the scope of other Temporary Foreign Worker Program streams are no longer applicable. For example, as with other temporary foreign workers, caregivers no longer have to live in the home of their employer or meet specific requirements with respect to language, experience or training.
The objective of the changes is to remove a redundancy within the regulations, while ensuring that those individuals currently in the Live-in Caregiver Program continue to be eligible for permanent residence.
- (i) repeal provisions from the Immigration and Refugee Protection Regulations that authorize the federal Live-in Caregiver Program, and
- (ii) create transitional provisions for the applicants who already are or may become part of the Live-in Caregiver Program, because they have been or may be issued an initial Live-in Caregiver Program work permit based on a Labour Market Impact Assessment that was requested by their employer on or before November 30, 2014.
Specifically, live-in caregivers continue to be eligible for permanent residence under the Live-in Caregiver Program if their initial Live-in Caregiver work permit was based on a Labour Market Impact Assessment that was requested from Service Canada by their employer on or before November 30, 2014, and they continue to meet program requirements.
The changes do not remove conditions related to employers who have hired a caregiver who lives in their home, including requirements pertaining to the provision of private accommodations.
The “One-for-One” Rule does not apply to these amendments, as there are no changes in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small business.
Prior to the changes introduced in November 2014, the Minister of Citizenship and Immigration held roundtables across the country with communities of live-in caregivers and caregiver advocacy groups in order to gain feedback on the program. The conclusions drawn from these meetings included that the program in its previous form was unsustainable because of the live-in requirement. This condition placed caregivers in a position where they were vulnerable to abuse from their employers. This situation was also exacerbated by the lengthy processing backlog of permanent residence applications and significant time during which these persons were separated from their family members.
The amending Regulations repeal regulatory authorities made redundant by the discontinuance and replacement of the Live-in Caregiver Program. They also continue to keep authorities in place to ensure that caregivers whose initial Live-in Caregiver work permit was based on a Labour Market Impact Assessment requested by their employer on or before November 30, 2014, are still eligible to apply for permanent residence under the Live-in Caregiver Program if they meet program requirements.
This proposal does not impact stakeholders directly; the impact on stakeholders resulted from the reforms to the Live-in Caregiver Program made in November 2014.
Economic Immigration Policy and Programs
Immigration, Citizenship and Refugees Canada
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