FEDERAL REG

SOR/2017-78: Immigration and Refugee Protection Regulations — Regulations Amending Immigration and Refugee Protection Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
May 6, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues 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 Lab... (Click for more)


Published on May 20, 2017

Bill Summary

SOR/2017-78: Immigration and Refugee Protection Regulations — Regulations Amending Immigration and Refugee Protection Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues 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 Given that new application intake into the Live-in Caregiver Program is discontinued, and that it has been replaced by two new pathways to permanent residence for caregivers, maintaining redundant provisions authorizing the Live-in Caregiver Program in the Immigration and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. Background 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. Objectives 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. Description The Regulations (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. “One-for-One” Rule 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. Consultation 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. Rationale 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. Contact Laurie Hunter Director Economic Immigration Policy and Programs Immigration, Citizenship and Refugees Canada 365 Laurier Avenue W., 8th Floor Ottawa, Ontario K1A 1L1 Email: [email protected] Footnote a S.C. 2008, c. 3, s. 2 Footnote b S.C. 2001, c. 27 Footnote c S.C. 2014, c. 20, s. 301 Footnote d S.C. 2014, c. 39, s. 310 Footnote e S.C. 2013, c. 33, s. 163 Footnote f S.C. 2001, c. 27 Footnote 1 SOR/2002-227

This Bill does not amend any statutes.

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