M-gr - I. REPORT M0kkirrQ ~ O YOU. L

Transcription

1 C Rqion d Ped M-gr - I REPORT M0kkirrQ ~ O YOU. L Meeting Date: March 24, 2813 Regional Council For Information DATE: February 6, 2012 REPORT TITLE: RECENT CHANGES TO THE FEDERAL GOVERNMENT AND THE PROVINCE OF FROM: Janet Menard, Commissioner of Human Services OBJECTIVE To provide an update on recent changes to the federal government's immigration policies and programs, outline the main components of Ontario's immigration strategy and discuss the potential implications of these changes and developments on municipalities and recent immigrants. governments. Despite this, municipalities play a key role in the integration of immigrants. 6 Since 2008, the federal government has made changes to four key aspects of immigration policy and programming: ministerial powers, immigrant selection criteria, settlement funding control and the termination of devolutionary immigration agreements. In 2012, Ontario developed an immigration strategy based on recommendations from the province's Expert Roundtable on Immigration. These changes will have implications for how programs are developed and delivered at the local level. DISCUSSION 1. Background Under Canada's constitution. the federal and ~rovincial aovernments have shared responsibility for immigration: During Canada's iirst century, the federal government exclusivelv operated irnmiaration as a national proqram with very little involvement and input from the brovinces and territories. In the late 1960s provinces and territories started' to assert their jurisdiction in this field. The success of Canada's immigration program rests on the effective collaboration between the federal and provincial governments. While provinces and territories are the federal government's primary partners on immigration, municipalities play a key role in ensuring the

2 - February 6, successful integration of newcomers. In partnership with the federal government and province of Ontario, Ontario municipalities over the last decade have made valuable contributions towards maximizing the goals of Canada's immigration program; making immigration programs and policies more responsive to regional economic and social needs; and contributing to positive outcomes for newcomers. a) Federal Government lmmigration Responsibilities The federal government retains responsibility for setting immigration policy and selecting immigrants although it has increasingly allowed provinces to have a greater say in immigrant selection. The federal government is also responsible for funding, administering and setting the criteria for integration and settlement services. It is also responsible for family reunification; handling refugee claims in Canada; defining immigration categories; setting national immigration levels and, in consultation with the provinces, admission requirements. b) Provincial immigration Responsibilities Over the past three decades, what was traditionally a federal activity has been shared, first with Quebec in the 1970s, and subsequently with other provinces. By 2005, all provinces had immigration agreements with the federal government. These agreements established a greater provincial role in immigrant selection and the management (design and delivery) of settlement services. Since the 1990s, the federal government sought to facilitate a greater role for provinces in the selection of immigrants to satisfy specific provincial and regional labour market needs. To this end, the federal government created the Provincial Nominee Program (PNP) in the mid 1990s. PNP allows provinces the power to nominate individuals as permanent residents who meet particular regional labour market demands and to involve employers in the nominating process. Provinces have also become more involved in the managing of settlement services in the last two decades. Manitoba and British Columbia signed agreements with the federal government that resulted in federal funds being transferred to them for the delivery of settlement programs. Apart from federally funded settlement programs, many provincial governments develop and fund their own immigrant programs, including Ontario. c) Ontario's Foray into lmmigration Ontario was the last to sign an immigration agreement with the federal government in November The Canada-Ontario lmmigration Agreement (COIA) established the framework for immigrant integration funding and control in Ontario. Federal funding increased significantly under COIA (i.e. $920 million over 5 years). COIA expired in and will not be renewed. COIA was unique in that it formally recognized the valuable role municipalities play in attracting, settling and integrating immigrants. Through Annex F of COIA, both the federal government and the province guaranteed that the Association of Municipalities of Ontario (AMO), its member municipalities, and the City of Toronto would participate in immigration policy and development through the Municipal lmmigration Committee (MIC).

3 %-B\ -3- February 6, 2012 Unlike the British Columbia and Manitoba agreements, COlA did not devolve responsibility for the administration of settlement services to Ontario. Rather COlA focused on improving the co-ordination of services and expanding English language training and immigrant services in general. PNP was also part of the agreement. Despite COIA's expiry, the PNP authority has been extended to May 31, COlA also created the conditions for the adoption of immigration best practices. The increased intergovernmental collaboration under COlA helped spawn Local lmmigration Partnerships (LIPS). LIPS engage multiple stakeholders in a strategic local immigration planning process that assesses needs, identifies gaps, co-ordinates services and improves immigrants' outcomes. Peel pioneered the first LIP with the creation of the Peel Newcomer Strategy Group (PNSG) in Based on the success of PNSG, the federal government expanded LIPS across Ontario and created a national LIP program with expansion into Alberta in 2012 and the Prairies and Atlantic Canada in Findings: Recent lmmigration Changes at the Federal and Provincial Levels Since 2008, the pace and scope of federal and provincial immigration changes has intensified. In particular, the federal government has made major changes to four key aspects of immigration policy and programming relating to: ministerial powers, selection criteria, settlement funding control and the end of devolutionary immigration agreements. In 2012, Ontario developed its first immigration strategy based on recommendations from an Expert Roundtable on lmmigration. These changes at the federal and provincial levels may have implications for municipalities. a) Changes to Federal Ministerial Powers In 2002, the lmmigration and Refugee Protection Act (IRPA) and its regulations replaced the lmmigration Act of 1976 and have subsequently formed the basis of federal lmmigration Policy in Canada. In 2008, the IRPA was amended to enable the Minister of Citizenship, lmmigration and Multiculturalism to issue ministerial instructions to immigration officers and make changes to immigration policies and programs without having to seek parliamentary approval. Prior to 2008, major immigration policy changes were typically supported by public consultation, task forces, discussion papers, committee hearings and submissions, and parliamentary debates. In 2012, the Budget Implementation Act further expanded the scope of Ministerial power to authorize the retroactive application of ministerial instructions to pending applications. These changes have strengthened the Minister's power to act unilaterally on immigration policy issues. b) Changes to Federal Immigrant Selection From the 1980s to 2008, the federal government's selection policies were based on major program objectives of reuniting families, contributing to economic development and protecting refugees. Subsequently, immigrant selection policies have been increasingly motivated by the broad economic benefits of immigration to Canada. In 2008, the Minister of Citizenship lmmigration and Multiculturalism issued a number of Ministerial instructions that included:

4 WE1-4- February 6, 2012 capping the number of federal skilled worker applications processed annually; and placing a moratorium on the sponsorship of parents and grandparents and on new applications for entrepreneurs and immigrant investors. In June 2012, the federal government outlined a number of impending changes to its immigrants' selection criteria including: a move towards a two-step selection process. This includes an initial expression of interest (EOI) followed by an assessment against specific criteria as basis for an invitation to apply; and 0 opening the door for more young entrepreneurs. In November 2012, federal, provincial and territorial immigration ministers agreed to the EOI model for immigrant selection. The EOI system will give provinces a role in immigrant selection by allowing them to select candidates from a list of EOI applicants. The federal government plans to implement EOI by the end of In December 2012, the federal government announced changes to the selection system (points grid) for the Federal Skilled Worker Program (FSWP) intended to better meet Canada's economic needs and ensure skilled immigrants have a better chance at succeeding and realizing their full economic potential. Major changes, which take effect May 4, 201 3, include: r minimum official language benchmarks and more points for official language capabilities, with language criteria receiving the most points on the selection grid; * more points for younger immigrants; e an education credential assessment of FSWP applicants' foreign education before coming to Canada; and changes to the arranged employment process, to expedite employer hiring of applicants in fields where there is a demonstrated labour market need. The EOI system and the FSWP changes are designed to help Canada's economy and lead to better economic outcomes for skilled immigrants. Permitting provinces to select potential immigration applicants is intended to help address particular labour shortages in certain provinces and regions of the country and in particular sectors of the economy. Those selected under the new FSWP points grid are expected to fare better than recent generations of skilled immigrants as they will be better prepared and equipped at finding employment that better matches their skills, education and work experience. Successful skilled immigrants benefit the economy when they work to their full potential. It is also good for governments as it could potentially mean less demand for social services, including employment assistance and language services. c) Changes to Federal Immigrant Settlement Funding Control In the fiscal year , the federal government introduced a settlement allocation model to calculate funding to provinces. This funding formula allocates funding based on a three year rolling average of immigrant landing in the respective provinces.

5 &s-g\ Februarv RECEN~ CHANGES TO THE FEDERAL GOVERNMENT AND THE PROVINCE OF This change has resulted in increased levels of funding to western provinces and a decline in funding to Ontario as Ontario's share of immigrant landings declined. Between fiscal years and , overall federal funding declined by almost $6 million. However, all provinces received an increase in funding except Ontario which experienced a $32 million reduction in funding. The graph below shows the federal integration funding for Canada, Ontario and Peel for fiscal years to Subsequently, in CIC settlement funding in Peel went from $64 million to $47 million (a 27 per cent decline compared to the 16 per cent decrease for all of Ontario). Federal Funding for lmmigrant lntegration Federal Funding for Immigrant Integration Years The new funding formula does not recognize high growth areas within provinces. This may negatively impact the ability of high growth regions like Peel to adequately address the growing needs of its immigrant population to access settlement services. Although the number of recent immigrants permanently landing in Peel has stabilized in the last decade (averaging 22,000 annually), anecdotal evidence indicates that secondary migration is high among provinces and regions within Canada, suggesting that the number of recent immigrants settling in Peel is actually higher. d) End of Devolutionary Immigration Agreements In April 2012, the federal government announced that it will be reassuming responsibility from Manitoba and British Columbia for the management of federally-funded settlement programs by April 1, 2013 and April 1, 2014 respectively. The federal government indicated that this change was made to align these settlement programs with the administrative approach used in other provinces and territories. Centralizing the management of integration programs may help to harmonize the various provincial integration models and provide a level playing field for ail provinces in the settlement and integration of newcomers. However, many research reports support the idea that lower-tier jurisdictions are better able to respond quickly and appropriately to changing regional immigration needs. The federal government's decision to terminate the British Columbia and Manitoba agreements has implications for Ontario. The Ontario government has been attempting to negotiate a new immigration agreement with the federal government following the

6 HS-%I -6- February 6, 2012 expiration of the COIA. As part of its original negotiating position, Ontario wanted the federal government to transfer the management of immigration settlement programs to the province. This scenario is highly unlikely given the federal government's decision. The expiry of COIA has implications for municipalities. Senior levels of government no longer have a formal requirement to engage and collaborate with municipalities in the development of immigration policies and programs. e) Ontario lmmigration Strategy The majority of immigrants who come to Ontario have traditionally been selected by the federal government. Over the last decade, the number of immigrants settling in Ontario has declined significantly. Further, the federal government's immigration reforms and immigration funding cuts to Ontario since has affected Ontario's ability to fill skilled job positions and integrate immigrants to satisfy Ontario's dynamic economy. In response to federal funding cuts and ongoing challenges with the current immigration system, the Ontario government launched its first immigration strategy in the fall of 2012 as a tool to negotiate with the federal government on funding, immigration policy and immigration quotas for Ontario. The strategy is based on recommendations from an expert roundtable on lmmigration. The main objectives of the strategy include: attracting a skilled workforce and building a stronger economy; helping newcomers and their families achieve success; and leveraging the global connections of our diverse communities. Specific targets include: raising the proportion of economic immigrants into Ontario to 70 per cent from the current level of 52 per cent; requesting an increase in the PNP limit to 2,000 in 2013 and 5,000 in 2014; and increasing employment rates and income levels for immigrants to align with those of other Ontarians. 3. Proposed Direction Municipalities are the order of government immigrants go to first for help and, as a result, municipalities have an important role in the integration of newcomers in the community. With the expiry of COIA in 2011, other orders of government are not obligated to include Ontario municipalities in immigration policy and program development discussions. However the Municipal lmmigration Committee, required through COIA, continues to meet. On December 4, 2012, at the MIC meeting in Ottawa, AM0 presented a paper to stimulate discussion in relation to the opportunities for advancing a more integrated immigration system in Ontario. The paper highlighted municipally-led initiatives such as local immigration partnerships (LIPS) and showcased Ontario municipalities as valuable partners to the federal and Ontario governments as they work towards a more integrated immigration system. The paper also focused on influencing other orders of government through collaboration rather than advocacy, and building relationships and trust with the federal and provincial governments as a basis for greater municipal involvement in policy and program decisions that impact local communities. Region of Peel's staff contributed and support the

7 tts-%\ Februarv RECEN~ CHANGES TO THE FEDERAL GOVERNMENT AND THE PROVINCE OF paper's ideas and recommendations. The Commissioner of Human Services has been a member of the MIC since its inception. The Region of Peel's Executive Office Public Policy and Government Relations Team has been active in highlighting the Region's immigration challenges and opportunities to other orders of government and promoting the need for a strong municipal role in the development and implementation of immigration policies and programs at the local level. The Region of Peel will continue to advance work on other initiatives that positively impact the integration of immigrants in the community. Peel Newcomer Strategy Group (PNSG) was recently recognized as a recipient of Ontario's Newcomer Champion Award for PNSG is currently implementing its community action plan. The Region of Peel is also a part of Canadian Coalition of Municipalities against Racism and Discrimination (CCMARD) and is developing an action plan to promote inclusion and reduce discrimination in all aspects of community life. CONCLUSION Immigration policy changes at other levels of government have implications for how programs are developed and delivered at the local level. Municipalities have been required to play an increasing role in the integration of newcomers in the community. It is important that further changes to immigration policies be done in consultation with municipalities and local service providers. However, the expiration of COlA eliminates the federal requirement to do so. Nevertheless staff believe influence can and will occur as municipal involvement over the past several years has added value to the federal process. As such, Regional staff will continue to work with our community, federal and provincial government partners on immigration policy, and update Regional Council as required. Janet Menard Commissioner of Human Services Approved for Submission: w LC D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Lisa Duarte at extension 4862 or via eniail at lisa.duarte@peelregion.ca Authored By: c. Legislative Services Junior Higgins, Giancarlo Cristiano