Canada Gazette, Part I
Volume 135, Number 50
OTTAWA, SATURDAY, DECEMBER 15, 2001
http://www.canada.gc.ca/gazette/part1/ascII/g1-13550_e.txt

VIII - SKILLED WORKER CLASS - PART 5, DIVISION 1, AND PART 16

Description

Subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) provides for the selection of immigrants as members of an economic class based on their ability to become successfully established in Canada. These regulations create such a class. The Economic Class includes the following subclasses: the Skilled Worker Class, the Quebec Skilled Worker Class and the Provincial Nominee Class. The regulations for the Skilled Worker Class establish the selection criteria and prescribe the weight to be given to each selection factor. These requirements will be applied to all applications for the Skilled Worker Class received after the coming into force of the IRPA and to applicants who had applied before the coming into force who have either not had a selection interview or had a decision by an officer to waive their selection interview.

The need for program change

IMPROVE THE ECONOMIC SUCCESS RATE OF SKILLED WORKER IMMIGRANTS

- by updating the selection system to reflect the need of the modern labour market.

The current selection system, originally crafted in the late 1960s, was built around an "occupational demand" micro-management model. This model envisages the Government matching an immigrant's single "intended" occupation to narrow Canadian labour market demand niches. In the modern, dynamic Canadian economy, this form of micro-management is no longer practicable or desirable - occupational demand may change faster than governments can adapt and immigrants are not selected on the basis of flexible skills. Additionally, in the modern labour market, individuals' occupations and careers tend to be more varied, making the single "intended occupation" premise increasingly outdated.

This was the conclusion of the Prime Minister's Advisory Council on Science and Technology Expert Panel on Skills in its 1998 report entitled Stepping Up: Skills and Opportunities in the Knowledge Economy:

The rapid change in the demand for skills and the continuous emergence of new skill sets means that the present Skilled Worker selection system, focused as it is on an essentially static list of "occupations in demand", cannot meet the needs of our dynamic economy.

The present selection system is heavily biased in favour of professional education, as the Education, Experience, and Educational and Training factors, taken as a whole, place more emphasis on university-educated applicants as opposed to those with skilled trade or technical occupations. Canada's modern labour market values all forms of quality education and training, not just those that lead to a university degree.

- by selecting Skilled Worker immigrants who will perform better economically in Canada.

The Skilled Worker selection model is designed to identify economic immigrants who will be able to provide a significant economic benefit to Canada. This is not to imply that economic immigrants do not also provide important social benefits to Canada, but the primary goal of their selection should be their positive economic impact. Not only is this beneficial to Canada, but to the immigrant as well. Prior to 1988, economic immigrants consistently averaged higher employment earnings than the general Canadian population, even as early as one year after they arrived in Canada.

Historically skilled worker immigrants have economically outperformed other immigrants and have even economically outperformed the average Canadian worker. While still outperforming other immigrants, the performance of new skilled worker immigrants in the 1990s has fallen below that of the average Canadian tax filer, as shown in Table 1 below.

*** TABLE EXTRACTED ***

It is now taking university-educated immigrants up to 10 years to reach the employment earnings of comparably educated Canadians. Canadian unemployment and social assistance data also show the less successful record of recent Skilled Worker immigrants over those who arrived in the 1980s. While there are, no doubt, many factors responsible for this trend, the present outdated and unresponsive selection system has played an important role.

The current selection system permits the selection of individuals with lower levels of educational attainment. For example, approximately 10 percent of Skilled Worker immigrants now have a secondary level education or less. Yet, in the modern knowledge-based Canadian labour market, over 70 percent of new jobs in Canada require some form of post-secondary education, and Human Resources and Development Canada (HRDC) predicts that fewer than 6 percent of job openings in the next five years will be available for those with less than a high school education. It is not in the long-term interest of the Canadian economy to select economic immigrants who will have such narrow labour market options upon their arrival in Canada.

The present selection system does not recognize the considerable economic and social benefits to Canada of having skilled immigrants with direct Canadian experience. There is considerable evidence that employers place a premium on Canadian work experience and education.

MAINTAIN THE QUANTITY

- by ensuring that the new selection system can respond to the looming demographic crunch.

The skilled workers, business immigrants, family members and refugees who enter Canada through our immigration program are increasingly important to maintaining a strong and skilled labour force. These same people also strengthen Canada's social fabric and cultural diversity.

The exit from the labour force, over a short period of time, of millions of mature workers (the baby boomers) will leave not only a labour force smaller than otherwise but a less experienced one as well. Due to these demographic shifts immigration already accounts for over 70 percent of net labour market growth and it is projected that by 2011 it will account for 100 percent of such growth.

IMPROVE TRANSPARENCY

- by ensuring that assessments are more objective and based upon consistent standards.

Many of the current selection factors rely on subjective assessments by visa officers. The Personal Suitability factor, for example, was designed to be a subjective assessment of an applicant's ability to successfully establish in Canada. Under this factor, visa officers must evaluate clients on a scale of 0-10, but no guide to scoring standards has been or could be produced, leading to inconsistency between individual offices and officers. Due to the absence of an objective standardized test, the Language factor has also often been criticized as being unduly subjective. At the present time applicants are required to demonstrate that they have sufficient funds to support themselves during the period of their initial establishment in Canada, but the 1978 Regulations do not provide clear rules on the standards to be met. Again this leads, in practice, to considerable inconsistency in how applications are assessed at different offices and by individual officers.

A selection system based upon high levels of subjectivity is bound to result in a lack of transparency for the applicant and may lead to a situation where case outcomes are overly influenced by which officer or at which office the file is reviewed. The Auditor General in his recent report on the Economic Component of the Canadian Immigration Program argued that:

The selection criteria must be relevant and measurable. Officers must have the skills and knowledge needed to process applications. They must have efficient and effective tools for evaluating the criteria and detecting misrepresentations.

- by reducing mixed messages on the reason for selection.

In a fast-changing labour market the Government can no longer be expected to match specific immigrants with specific occupational vacancies. Yet when the Government selects immigrants, as we do now, on the basis of the General Occupation List (GOL) of intended occupations (colloquially known as the "occupational demand list"), it sends a message that immigrants will be able to easily find employment in their occupation in Canada.

- by employing a selection system that is client-friendly.

The present selection system is often criticized for being overly complicated, particularly as it relates to the Education and Training factor. The selection system encourages "occupational tailoring" whereby curriculum vitae are rewritten so as to justify applying in an occupation that is on the GOL rather than depicting more accurately an occupation which is not on the GOL. This curriculum vitae manipulation, while critical for immigration purposes, has no relevance once the applicant receives permanent residence status as, once in Canada, they may work in any occupation whether or not that occupation is on the GOL.

- by managing the workload of applications more efficiently.

The number of applications in the system awaiting assessment increases every year. Currently, the inventory of Skilled Worker cases totals over 170 000 cases involving more than 400 000 people. Between 1997 and 2000, the number of immigrant applications in all classes increased by 46 percent. At present, 50 percent more applications are being received than are needed to meet program targets. The number of cases is increasing due to a number of factors, including the global increase in the movement of people. An ever-growing inventory is detrimental to the Department's ability to process applications as quickly and efficiently as possible and also to attract the best and the brightest to Canada. If potential skilled workers find they must wait several years to be processed, they will look elsewhere to immigrate and Canada will lose their skills. Canada sets projected immigration levels every fall.

The 1978 Regulations do not allow the Minister to amend the pass mark in order to manage the Skilled Worker program. The management of immigration levels requires the Minister to be able to amend the pass mark as necessary.

What the Skilled Worker regulations do

The new regulations provide for the selection of Skilled Worker immigrants based on a human capital approach - for their flexible skills - rather than intended occupation. They require that Skilled Worker applicants have at least one year of work experience in the past 10 years in any skilled occupation with no further differentiation among these occupations. The regulations are based on an improved and more objective points system that has been arrived at following extensive research and consultation over the past four years with the public and key immigration stakeholders including provincial governments.

The New Selection Grid

*** TABLE EXTRACTED ***

What has changed

The new selection grid is shown above. Changes to the selection criteria and weighting are explained below.

Definition of Skilled Worker

In the federal Skilled Worker Class, a skilled worker is someone who has at least one year of work experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Management of Skill Level A or B of the National Occupational Classification (NOC). The NOC was developed by HRDC to be a systematic taxonomy of occupations in the Canadian labour market. It is based on extensive occupational research, analysis and consultation conducted across the country. It describes duties, skills, interests, aptitudes, education requirements and work settings for occupations in the Canadian labour market. The NOC is divided into five bands: Skill Type 0 - Management Occupations; Skill Level A, which is primarily comprised of professional occupations; Skill Level B, which consists of technical, skilled trades and paraprofessional occupations; Skill Level C, which comprises occupations that mainly consist of intermediate level, clerical or supportive functions; and Skill Level D, which consists of elemental sales or service and primary labourer occupations. Only experience in Skill Type 0 or Skill Levels A and B are considered relevant for applicants in the Skilled Worker Class.

To immigrate under the Skilled Worker Class, the experience in Skill Type 0 or Skill Levels A and B must consist of actions described in the lead description and a substantial number of the duties described in the "Main Duties" section of the NOC including all the essential duties. Currently, applicants must also demonstrate that they can meet the "Employment Requirements" of the NOC listed for their intended occupation. The "Employment Requirements," often referred to as entry requirements, may indicate that a particular occupation requires completion of a certain type of university degree or membership in a certain Canadian professional association. By eliminating the requirement to also meet the Employment Requirements provision of the NOC, the IRP Regulations recognize the considerable difficulty for many skilled immigrants of meeting some Canadian requirements before their arrival in Canada. In addition Canadian employers may not require experienced job applicants to meet the same entry requirements as new entrants to the labour market.

Only approximately 50 percent of occupations in Skill Type 0 and Skill Levels A and B are included in the present GOL. The broadening of acceptable occupational experience under the Skilled Worker Class, combined with the less restrictive approach to Employment Requirements mentioned above, will lead to a considerable expansion in the number of potential Skilled Worker applicants.

Age: 10 points

The treatment of the applicant's age remains fundamentally the same as the Age factor under the present selection system. Due to the impending demographic crunch, a continued emphasis on applicants between the ages of 21 and 44 is considered desirable given that such applicants will continue within the labour market for longer periods than those who are older. Applicants outside this age band may continue to apply for immigration as Skilled Workers but would receive fewer age points depending how far their age is from the 21-44 year band. Research has indicated that older immigrants may have greater difficulty in adapting to the Canadian labour market.

Education: 25 points

The stakeholder consultations consistently highlighted the importance for Canada of immigration by skilled tradespeople and encouraged the department not to overweigh advanced professional education. Consequently, points for a diploma, trade certificate or formal apprenticeship will be raised from 10 to 20, depending on the number of years of education or training. The maximum of 20 points allocated for a three-year skilled trades credential is equivalent to that allocated for a three-year bachelor's degree in recognition of the value attached to this type of credential. In addition, the maximum number of points available for education has increased from 16 to 25, recognizing the considerable value that the modern Canadian labour market assigns to education.

Another change to the Education factor is the manner in which points will be allocated for each credential level. For example, for a three-year bachelor's degree, an applicant must also have completed a total of 15 years of full-time or full-time equivalent studies. The applicant is allocated points for education on the basis of having both a credential (such as a diploma, degree, or apprenticeship certificate) and a minimum number of years of education and formal training. Given the range of educational and formal training systems around the world, this mechanism will serve to promote consistent standards in the assessment of education and training while still placing emphasis on the essentials - a credential as well as relevant minimum levels of education and formal training.

Language: 20 points

The total number of points allocated for official language abilities has been increased from 15 to 20 to reflect the critical importance of proficiency in at least one official language to establish oneself successfully in the labour market upon arrival. As in the present system, points continue to be allocated for ability in both official languages; however, greater emphasis is placed on proficiency in the first official language rather than marginal abilities in both, again reflecting the results of research on the value of relative weighting of language abilities.

For the first time the regulations will include clear definitions of the standards of language proficiency that will be assessed for Skilled Worker applicants. The 1978 Regulations use phrases such as "speak, read or write fluently" but leave the definition of the critical terms such as "fluently" to the administrative manuals. This approach has resulted in operational inconsistency and has therefore been criticized by the Commissioner of Official Languages and the Auditor General among others.

The current regulations give visa officers little direction on how to evaluate an applicant's language ability. Some applicants have been opting to have their language proficiency assessed by outside language assessment specialists in order to expedite the assessment of their applications and to provide a prior assessment of their likelihood of success. While visa officers have often based their assessment of the applicants' language proficiency on these outside tests, the 1978 Regulations do not clearly countenance such an approach.

The Immigration and Refugee Protection Regulations provide the Minister with the authority to designate certain organizations or institutions for the purpose of language assessments. Such third-party language testing (which would be conducted at the applicant's expense) will not be mandatory. Applicants will continue to be able to request an assessment of their language ability by an officer. In order to be designated by the Minister, a language-testing body must meet appropriate standards of security, validity, and reliability for their test. Scores from recognized tests will be translated into language assessment points in the Selection Grid in a fashion that is clear and consistent to applicants. Applicants will be encouraged to take advantage of these approved outside language tests in order to enhance consistency and to obtain faster processing of their application. Applicants will be informed that when an approved test has been conducted a selection interview with an officer will tend to be required less frequently.

Experience: 25 points

Experience points have increased from maximum 8 in the current system, to a range of 10 to 25 in the new system. However, the increase in work experience points is less significant than it appears, as the current system also, effectively, awards points for experience through the Education Training Factor (ETF), which is now eliminated. The elimination of the ETF and the new weighting for experience greatly improves experience points for skilled trade applicants who were previously seriously disadvantaged in the assessment of ETF and experience points. Applicants will now receive 10 points for one year's experience and 5 points for each additional year's experience to a maximum of 25 points. The work experience must have taken place within the 10 years preceding the date of application and have been in one of the occupations listed in the top three bands of the NOC.

Arranged Employment: 10 points

Permanent arranged employment which has received a positive labour market opinion issued by HRDC remains an important part of the selection system with no change in point allocation. Its retention is based on recognition of its value to an applicant's settlement ability. Applicants will receive 10 points for Arranged Employment as long as the offer is genuine, the offer meets the norm for attracting and retaining Canadians and the employment is not seasonal in nature. Applicants must satisfy officers that they are qualified for and capable of performing the employment being offered to them. This would include meeting any required Canadian licensing or regulatory standards to hold the specific employment being offered to them.

For the first time officers will also award 10 points for arranged employment where an applicant is working in Canada on the basis of an HRDC labour market opinion issued for a temporary work permit. An applicant would receive Arranged Employment points whether or not the temporary HRDC labour market opinion was given on the basis of a single job offer or on the basis of a group of job offers for a particular employer or across a particular industry sector (such as the recent Information Technology Workers facilitation program). Applicants who are holding a work permit for a job offer which was not reviewed by HRDC would not benefit from this specific Arranged Employment provision.

Points will be awarded under the temporary work provision if the employment is anticipated to continue for at least one year after the submission of the Skilled Worker application and, at the time the officer assesses the Skilled Worker application, the applicant is still working in that employment. This provision recognizes that it is not necessary or desirable for HRDC officers to reassess, for the purpose of a permanent application, identical employment circumstances that were assessed under a temporary workers application.

This provision will benefit applicants who, having worked temporarily in Canada, are ready to make a longer term commitment to Canada under the Skilled Worker provisions. It also recognizes that some Skilled Worker applicants may need a period of time in Canada as temporary workers in order to upgrade their language abilities and/or education and training credentials. This provision is expected to benefit, in particular, those skilled tradespersons who may need a period of time in Canada to bring their language and other credentials to a level required for long-term economic success in the modern labour market.

Adaptability: 10 points

The Personal Suitability factor in the current model has been criticized for being overly subjective, requiring visa officers to assign points on a scale from 0-10 based upon an interview. The Personal Suitability factor has been replaced in the new selection model with an objective Adaptability factor. Each element measures applicants against specific factors that will assist them in their short- and long-term adaptability to the Canadian economy and society. The objectivity of the Adaptability factor allows the selection process to be more transparent and consistent in the selection of Skilled Worker immigrants and also allows the full range of selection factors to be assigned on the basis of a paper application.

Officers will continue to have the option of interviewing an applicant when considered necessary but, with the elimination of the Personal Suitability factor, they will no longer be required to hold such an interview in order to assign points under a specific selection factor.

An applicant may receive a maximum of 10 points for any combination of the following elements:

(1) Education of accompanying spouse or common-law partner of the principal applicant.

Referring to the criteria provided for education in the selection grid:

- 3 points if the spouse or common-law partner would qualify for 10 or 15 points;

- 4 points if the spouse or common-law partner would qualify for 20 points; and

- 5 points if the spouse or common-law partner would qualify for 25 points.

(2) Previous study in Canada.

A principal applicant receives 5 points for adaptability if after age 17 they, or their accompanying spouse or common-law partner, successfully completed a program of at least two years of full-time study at a post-secondary institution in Canada with appropriate authorization. In the case of a principal applicant and his or her spouse or common-law partner who both meet these requirements for previous study in Canada, points may only be awarded for one of them.

(3) Previous work in Canada.

A principal applicant receives 5 points for adaptability if they, or their accompanying spouse or common-law partner, engaged in full-time work in Canada with appropriate authorization for a period of at least one year. In the case of a principal applicant and his or her spouse or common-law partner who both meet these requirements for previous work in Canada, points may only be awarded for one of them.

(4) Offer of employment in Canada.

An applicant receives 5 points for adaptability if they have received a bona fide offer of employment in Canada, effective upon arrival in the country, but which has not been approved by HRDC. Points may not be awarded under this element if the principal applicant has received points under the Arranged Employment factor.

(5) Family relationship in Canada.

The principal applicant receives 5 points for adaptability if they, or their accompanying spouse or common-law partner, have a parent, grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle, aunt, nephew or niece who is:

- a Canadian citizen or permanent resident; and

- physically residing in Canada.

Points may only be awarded for one such family relationship in Canada.

By directly awarding points for a genuine offer of employment as well as for the existence of a family relationship in Canada, it will no longer be necessary to continue the resource-intensive Family Business Job Offer Program (FBJO). This program presently requires family business employers to demonstrate to an immigration officer the specific reasons why they wish to hire a family member in a position of trust. Individuals who would previously have benefited from the FBJO will now receive the full 10 points under the Adaptability factor without requiring their employer to also satisfy an officer of the special requirements of a position of trust. If the relative were to offer the applicant a job which received an HRDC labour market opinion under the Arranged Employment factor, the applicant would receive 10 points under that factor and at least 5 points under the Adaptability factor for having a relative in Canada.

Discretion (Substitution of Selection Criteria)

The IRP Regulations preserve the ability of an officer, with the concurrence of a supervisor (described in the Regulations as a "second officer"), to exercise discretion when they believe that the total points awarded do not properly reflect an applicant's ability to establish in Canada from an economic perspective. A selection system can be designed to reflect the factors that would lead to economic success for the majority of applicants; it cannot, however, reflect the specific personalized elements that might lead to success or failure for every applicant. Therefore, the continuation of discretion has been considered to be desirable. Discretion can be either "positive," whereby an officer believes that a prospective immigrant who has not received sufficient selection points should nevertheless be accepted, or "negative," whereby an officer believes that a prospective immigrant who has received sufficient points should, nevertheless, be refused. In the past five years, discretion, whether positive or negative, has been used to make immigration decisions in only 2.3 percent of cases.

Positive discretion has historically been used 16 times more often than negative discretion. There is no public policy or operational reason why this should be so. Officers and their supervisors will be given instructions, further to subsection 15(4) of the IRPA, on how they should exercise the use of discretion when they conduct their examination of Skilled Worker applications.

Pass mark

In the new selection system the pass mark is the primary tool to balance the qualifications and quantity of Skilled Worker immigrants. A very low pass mark, for example, would bring into Canada large numbers of immigrants with relatively poor Human Capital attributes, thus leading to poorer long-term settlement potential for the group. A very high pass mark, on the other hand, while greatly improving the settlement potential of immigrants, would lead to lower numbers of immigrants. As the Minister is responsible for managing the immigration program, he or she should hold this important management responsibility. It is not anticipated that the Minister will delegate the responsibility to manage the pass mark.

The pass mark may be amended by the Minister, from time to time, to reflect the changes in the Canadian labour market and in the broader economy and in society, as well as changing demands on the part of prospective immigrants to Canada.

It is anticipated that the Minister will set the new Skilled Worker pass mark at 80 points when the new selection system comes into effect upon proclamation of these Regulations. A pass mark at that level will ensure that the Canadian economy benefits from the improved qualifications of skilled immigrants while still meeting the stated immigration goals as set out in the annual Immigration Plan tabled in Parliament on October 31, 2001.

Restricted Occupations

The IRP Regulations allow the Minister to designate an occupation as a restricted occupation taking into account area and national labour market activity and following consultation with relevant departments, provincial governments and organizations. Work experience in a restricted occupation will not be considered against either the definition of Skilled Worker or against the Experience selection factor. The purpose of this list is to permit the Minister to protect the Canadian labour market should an overly large number of immigrants with narrow occupational skills apply for immigration under the Skilled Worker Class.

It is anticipated that the negative occupational list would not contain any occupations during the start-up phase of the new Skilled Worker Class. Consultations with provinces would take place prior to exercising the authority to include an occupation on the negative occupation list.

Financial Establishment

The IRP Regulations specify that Skilled Worker applicants must have sufficient funds to support themselves during the period of their initial establishment. While such immigrants are being selected on the basis of their ability to perform well economically over the long term it is anticipated that, during the inevitable period of adjustment to a new country, some of them will have initial difficulties in finding a job in Canada.

In order to enhance consistency and transparency the Regulations will, for the first time, stipulate the specific standard against which applicants' funds will be assessed. This standard will be the most current annual Low Income Cut-Off (LICO) published by Statistics Canada established for the size of the applicant's accompanying family. As many applicants are unsure, at the time of the submission of their application, where they will be destined, the appropriate LICO will be that of urban areas with a population of over 500 000. This is also where the largest portion of Skilled Workers are historically destined. Even when applicants indicate they will be destined to a smaller urban area, they will continue to be assessed against the higher amount as, once in Canada, immigrants are permitted to move freely within the country. For example, according to Statistics Canada, a family unit of three persons would need an income of at least $27,805 in order to meet the LICO. Therefore applicants with two accompanying dependants would be required to demonstrate that they had available funds of at least the same amount.

Transition

All new applications that are received after the coming into force of the new Act will be assessed under the new selection system against a pass mark of 80.

In addition, independent and assisted relative applications that are received after the publication of these regulations in Part I of the Canada Gazette and which have not yet received a selection interview on the date on which the IRPA comes into force, will also be assessed under the new selection system against a pass mark of 80.

Finally, independent and assisted relative applications that were received before the publication of these regulations in Part I of the Canada Gazette and which have not yet received a selection interview on the date on which the IRPA comes into force, will also be assessed under the new selection system against a lower pass mark of 75. These applications were submitted and application-processing fees were paid on the basis of an understanding that they would be assessed against the former selection system and, therefore, it is considered appropriate that they be assessed against a somewhat lower threshold.

Alternatives

A number of alternative selection models to the Human Capital approach were considered and discussed during consultation sessions over the past number of years. These alternative models included the following:

- the Australian approach requiring pre-approval of each applicant by a regulated credential and licensing evaluation body;

- a pure arranged employment model effectively delegating selection authority to Canadian employers; and

- a lottery system similar to the United States diversity immigration system.

None of the alternatives were able to satisfy the triple policy goals of increasing the quality of Skilled Worker immigrants, maintaining the balance of economic immigration within the overall immigration program, and enhancing transparency for clients. The status quo was not considered a viable alternative given the serious problems identified above.

Within the Human Capital approach a number of different alternative selection grids were considered and discussed with stakeholders. In particular, alternative grids were presented in the discussion paper Skilled Worker Immigration: Three Models for Discussion of July 2000. The models offered differing combinations of selection criteria and weighting. The new selection model contained in the IRP Regulations was formulated based on feedback on the three models from stakeholders.

Comparison of the Models

Model 1: This model allocated a higher number of points for education and included points for the less objective personal suitability factor within the Adaptability Bonus. Further stratification in the Education factor resulted in a skilled trades credential receiving less points at 15 than university degrees, which received 20 to 30 points. In addition, the Experience factor is linked to years of education resulting in a more complex calculation of points.

Model 2: This model responds to the concern that Model 1 adversely affects people in the skilled trades by providing the same number of points for a skilled trades credential as is given to a bachelor's degree. Model 2 outlined how a more objective grid would appear by doing away with the Personal Suitability factor.

Model 3: Another variation, this model eliminates the Arranged Employment factor and allocates more points to language ability and adaptability.

The final model took into account the best of the three models for successful economic establishment: the importance of education, including skilled trades credentials; the importance of proficiency in at least one official language with extra "bonus" points for high proficiency in the second; the essential requirement of experience in a skilled occupation; and the importance of objectivity in assessment.

When determining the definition of a Skilled Worker, a number of alternatives were considered including using all five Skill Levels of the NOC. However, there is no evidence of a pressing long-term need for workers at Skill Levels C & D that cannot be adequately fulfilled from within the domestic labour market or through other forms of permanent or temporary migration.

After reviewing the likely adverse impact that a term of five years as opposed to 10 years under the recent work experience provision would have on female applicants, many of whom may have taken family-related breaks in their employment history, the longer period was chosen. Views were received that suggested that Skilled Workers should be defined as having at least three years of work experience to be considered for immigration as opposed to a one-year minimum. Given that the labour market favours younger workers who would be less likely to meet the three-year minimum, it was decided that requesting a longer period of work experience made it difficult to attract younger applicants to Canada.

An alternative to the transition rule would have been to assess applications currently in the system according to the provisions of the 1978 Regulations and assess only those applications under the new selection system which had been submitted after the implementation date of the new IRPA. This option would have meant that the Department would have had to maintain two systems for several years, creating difficulties in terms of managing the immigration program. The transition regulations will ensure that the considerable economic benefits of the new selection system will be realized in a timely fashion. Without such regulations these benefits would be delayed for up to five years (the processing time for new applications at some of the larger immigration offices overseas). As mentioned above, the current, outdated selection system accepts applicants for immigration to Canada who do not perform as well economically as the average Canadian. In addition, without the transitional regulations, we would likely see a large increase in the inventory in the months leading up to implementation as many new applicants would choose to submit applications for assessment under the current selection system.

Benefits and Costs

Benefits

A direct benefit of these regulations will be a more objective selection system for skilled workers which is easier to understand and more appropriate for selecting individuals who will successfully establish themselves economically in Canada.

The provisions will benefit both skilled worker applicants who will be selected to immigrate to Canada and the Canadian public, which will benefit from the economic prosperity to which the skilled workers will contribute. In addition, officers will benefit from more substantive information in the regulations on how to evaluate certain criteria such as language, education and adaptability.

The new Regulations may have a negative impact on applicants who are currently awaiting assessment. On its own, the act of increasing the qualifications expected of the skilled worker applicants under the new system would result in a decrease in the quantity of individuals who could receive permanent resident status. Some applicants who might qualify under the present system will not succeed under the new system. However, many qualified individuals who have not been able to apply in the past because of restricted occupations will now be able to submit an application.

Avoiding time spent on assessing cases that likely will not qualify under the new rules is necessary if the number of cases in the inventory is to be reduced and the quality of skilled immigrants in Canada is to be improved. There is a risk that qualified skilled workers will be lost to other competitive countries if they must wait several years to have their application reviewed.

The skilled worker regulations will benefit both male and female applicants as the new selection system is designed to be gender neutral. In addition, applicants are allowed bonus points under the Adaptability factor for an accompanying spouse's or common-law partner's education and Canadian work and education experience. This will benefit female applicants with spouses/partners who, due to local socio-political factors, may not have had the same access to education and work experience as men and who therefore would not accumulate as many points under the selection grid. Furthermore, applicants who have an accompanying spouse or common-law partner are allowed to choose which of the two they consider to have the strongest case to apply as the principal applicant.

Costs

The new provisions result in no additional costs to the applicant compared to the previous regulations. An increase in skilled worker applications is predicted and incremental resources will be required at missions to manage the resulting inventories.

Consultation

Consultations on a new selection system for skilled workers have been ongoing for a number of years. The following is a chronology of major consultation events in the past four years:

- Workshop, October 1997: "New Selection Criteria for Economic Stream Immigration";

- Report of the Immigration Legislative Review Advisory Group, January 1998: Not just numbers: a Canadian framework for future immigration;

- Research Paper, November 1998: Towards a New Model of Selection;

- Government-wide direction paper, January 1999: Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy and Legislation;

- Consultation Paper, July 1999: Skilled Worker Immigrants: A Draft Model for Discussion;

- Consultation Paper, July 2000: Skilled Worker Immigration: Three Models for Discussion; and

- C-11 Proposed Regulations, paper, October 2000 to November 2001, published on the Citizenship and Immigration Canada Web site and frequently updated.

Each of the above papers was distributed to stakeholders who were invited to provide their comments. Among the stakeholders consulted were provincial governments, industry and employer associations, labour groups, immigration support and advocacy agencies; immigration practitioners and regulatory bodies.

The following changes were made to the final selection grid to accommodate concerns of stakeholders:

- more points for skilled trades under education so that applicants with this type of credential are not disadvantaged by increased weighting for education in the grid, and in recognition of the shortage of skilled trades people expressed by several stakeholders;

- more points for language, as several industry stakeholders emphasized the importance of being proficient in at least one official language for successful economic establishment;

- continued recognition of a pre-arranged employment in Canada by keeping it in the selection grid;

- a move towards greater objectivity in the selection system by a "menu" approach to assigning adaptability points with a variety of different routes to obtain the maximum number of points.

Compliance and Enforcement

The submission of an application for a permanent resident visa is a discretionary action on the part of the applicant. Officers assess applicants against the requirements of the Act and Regulations to ensure that they comply with the requirements to be issued visas as members of the Skilled Worker Class and with other statutory requirements for entry as permanent residents.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

IX - PROVINCIAL NOMINEE CLASS - PART 5, DIVISION 1

Description

The Immigration and Refugee Protection Act, subsection 12(2), provides that a foreign national may be selected as a member of the economic class on the basis of his or her ability to become economically established in Canada. The selection of foreign nationals and the acquisition of status under the Act must also be consistent with federal-provincial agreements. Provinces have the authority and responsibility of establishing their own criteria for nomination, while the federal government maintains its responsibility for applying statutory admissibility criteria and exercising ultimate selection authority. These regulations allow a person nominated by a provincial government under a Provincial Nomination Agreement between that Province and the Minister of Citizenship and Immigration to be issued an immigrant visa without having to meet the pass mark that is required for Skilled Worker Immigrants.

Purpose of these provisions

The intent of these regulations is to enable provinces to support the immigration of persons who have expressed an interest in settling in their province and who the province believes will be able to contribute to the economic development and prosperity of that province and Canada.

What the regulations do

The regulations on Provincial Nominees:

- establish the criteria to be considered and the standards to be met by persons applying for immigration to Canada by virtue of a nomination for permanent immigration provided by a provincial government; and

- prescribe that applicants must meet statutory admissibility requirements and satisfy an officer that they intend to establish themselves in the province that has nominated them and that they will be able to become economically established in Canada.

Alternatives

The alternative of provinces being expected to exercise full selection powers was rejected because of the significant resource impacts this model would place on provinces. The alternative of a single, defined provincial class that would apply equally to all provinces was rejected because it did not permit sufficient flexibility to meet specific objectives and interests of individual province.

Benefits and Costs

Benefits

The provincial economy will benefit when a province is able to bring about the immigration of a candidate who might not meet federal immigration criteria but who has attributes of particular value to the nominating province and its specific economic development objectives. An additional benefit is the ability of the provinces to support a better dispersion of immigrants, and related benefits, into numerous communities across the country.

Costs

Costs are limited essentially to the administrative costs associated with the operation of the various provincial nominee programs.

Consultation

Bilateral provincial nominee agreements have been in place since March of 1998. Consultations with all participating provinces are held on a regular basis. In addition, participating provinces undertake to have a full evaluation of their programs done, and the evaluators will often consult with external stakeholders and interested parties as part of this process.

Compliance and Enforcement

The provinces will be responsible for issuing the nomination certificate. The foreign national named in the certificate has to meet all the statutory admissibility requirements, satisfy the officer that they will be able to become economically established in Canada and that they intend to reside in the province that has nominated them.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).