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2014

CANADIAN IMMIGRATION &

CITIZENSHIP POLICIES

*

- ON. MARCO FEDI-

* Picture courtesy of CANAM Immigration, Canadian Immigration Information (08 April 2014), Canadian Immigration- Apply now

<http://www.theimmigrationteam.com/apply-for-canada-immigration/>.

LAST UPDATED: 1 OCTOBER 2014

October Seminar 2014 Canadian Immigration & Citizenship Policies: M. Fedi

1.

Table of Contents

1- WHICH DEPARTMENT IS CURRENTLY IN CHARGE OF IMMIGATION & CITIZENSHIP

IN CANADA? ..............................................................................................................................................2

2- WHO ARE THE MINISTERS IN CHARGE OF IMMIGRATION/CITIZENSHIP AND

MULTICULTRALISM? ...............................................................................................................................2

3- WHAT IS THE LAW GOVERNING IMMIGRATION AND CITIZENSHIP? ...............................3

4- INTEGRATION PROCESS: PATH TOWARDS CITIZENSHIP .......................................................5

5- HOW LARGE IS THE DEPARTMENT & WHAT ARE ITS KEY OBJECTIVES? ...........................6

6- HOW DOES CIC STRUCTURE SERVICE OFFERINGS FOR MIGRANTS COMING TO

CANADA? ....................................................................................................................................................7

7- WHAT EXACTLY IS ‘MULTICULTURALISM’? HOW HAS THIS BEEN APPLIED IN THE

CANADIAN CONTEXT? ...........................................................................................................................9

8- CANADIAN MIGRATION: HOW MANY IMMIGRANTS HAS CANADA TAKEN IN? ...... 11

9- WHAT IS CANADA’S CURRENT POSITION IN RELATION TO ILLEGAL IMMIGRANTS?

..................................................................................................................................................................... 12

10- RECENT DEVELOPMENTS? ........................................................................................................... 13

- ON. MARCO FEDI –

III COMMISSIONE AFFARI ESTERI E COMUNITARI

CAMERA DEI DEPUTATI

UFFICIO PARLAMENTARE

VIA POLI 13, 00186, ROMA

TEL: +39 06 67605701

[email protected]

www.marcofedi.it

Author: Frank Scisciolo

http://www.marcofedi.it/


2.

1- WHICH DEPARTMENT IS CURRENTLY IN CHARGE OF IMMIGATION &

CITIZENSHIP IN CANADA?

The Government department responsible for issues dealing with immigration and citizenship is

currently called ‘Citizenship and Immigration Canada’ (‘Citoyenneté et Immigration’)

(hereafter ‘CIC’). The department was set up under its current guise after a reorganisation

within the federal government in 1994. CIC remains responsible for the establishment of policies

and processing of permanent and temporary residence visas, refugee protection and citizenship

applications. CIC operates a large network of "Citizenship and Immigration Centres" throughout

Canada and in an important number of embassies, high commissions and consulates abroad.

CIC’s mandate comes from the Department of Citizenship and Immigration Act. The current

website of CIC is located via the following links:

English version: http://www.cic.gc.ca/english/index.asp

French version: http://www.cic.gc.ca/francais/index.asp

2- WHO ARE THE MINISTERS IN CHARGE OF IMMIGRATION/CITIZENSHIP

AND MULTICULTRALISM?

Immigration/Citizenship: The Minister of Citizenship and Immigration is

currently the Hon. Christopher Alexander (pictured right); he was

appointed to this position in July 2013.1 The Deputy Minister is Mr. Neil

Yeates.

Multiculturalism: The current Minister for Multiculturalism is the Hon. Jason

Kenney (pictured right).2 The Minister of State (Multiculturalism) is the

Hon. Tim Uppal.

1 Prime Minister of Canada, The Honourable Chris Alexander (8 April 2014)

<http://www.pm.gc.ca/eng/minister/honourable-chris-alexander>. 2 Prime Minister of Canada, The Honourable Jason Kenney (8 Aril 2014) <

http://www.pm.gc.ca/eng/minister/honourable-jason-kenney>.

http://www.cic.gc.ca/english/index.asp

http://www.cic.gc.ca/francais/index.asp


3.

3- WHAT IS THE LAW GOVERNING IMMIGRATION AND CITIZENSHIP?

The following table is by no means an exhaustive representation of detailed legal reform, it

attempts to merely highlight the key reforms that have taken place in shaping current state of the

law:

IMMIGRATION CITIZENSHIP

The current law

relating to Canadian

immigration is called

the Immigration and

Refugee Protection Act (2002). This statute

replaced the Immigration Act (1976) as the

primary federal legislation regulating

immigration to Canada.

It creates a high-level framework detailing the

goals and guidelines that the Canadian

government has set with regards to

immigration by foreign residents.

The Immigration and Refugee Protection

Regulations (IRPR) contain the laws created to

fit within the 2002 Act in order to specify how

the primary Act is to be applied. Portions of

IRPA are administered by the Canada Border

Services Agency.

If a foreign resident wants to immigrate to

Canada, they must determine if they are

eligible to apply. Certain categories of people

are not allowed to come to Canada and are

known as ‘inadmissible’ under the

Immigration and Refugee Protection Act

(2002) (e.g. for reasons of security, health

grounds, non-compliance with the Act etc.).

The Regulations set out the broad legal classes

or classifications of immigrants to Canada.

Broadly speaking, most immigration websites

group immigrants arriving to Canada as either:

family, economic immigrants (e.g. skilled

workers and business people), other (people

accepted as immigrants for humanitarian or

compassionate reasons) and refugees.3

In terms of the modern day law,

the first major reform concerning

citizenship came in 1946; this

was the year that Canada

established its very own

nationality law with the enactment of the Canadian

Citizenship Act 1946 (which took effect on 1

January 1947). Prior concepts of legal citizenship

were broadly tied to the status of a ‘British subject’

Interestingly, Canada became the second country

in the British Commonwealth to establish its own

nationality law.

This Act was replaced on 15 February 1977 by the

Canadian Citizenship Act 1976, which removed

restrictions on dual citizenship and many of the

provisions to acquire and loose citizenship that

existed under the 1947 Act.

Major changes to the citizenship rules occurred as

late as April 2009, where the Citizenship Act was

amended (in effect 17 April 2009). The Department

justified recent changes in order to ‘simplify the

rules’ relating to Canadian citizenship.4

The KEY POINT about the 2009 changes is that

people who were Canadian citizens when the law

came into effect are able to keep their citizenship.

Under the old rules it was possible for Canadians to

pass on their citizenship to endless generations born

outside Canada. The 2009 reforms limit citizenship

to one generation born outside Canada.

According to the CIC website, the following people

become citizens under the 2009 laws5:

3 CIC, ‘Do you want to come to Canada, or extend your stay?’, CIC Website (8 April 2014) <

http://www.cic.gc.ca/ctc-vac/getting-started.asp>; Wikipedia, Immigration to Canada’ <


4.

Each of these classes has their own

categories and definitions. The precise

classes can be found on the CIC website

when determining eligibility.

People who became citizens when the first

Citizenship Act came into force in 1947 and

people born or naturalized in Canada after

1947 and who subsequently lost their

citizenship will reacquire citizenship unless

they formally renounced it or had it revoked

because of fraud.

People born abroad to a Canadian parent after

1947 who lost or never had citizenship due to

former citizenship laws also became citizens

under the 2009 law, but only if they had a

Canadian parent who was born or naturalized

in Canada. People who formally renounced

their citizenship or had it revoked because of

fraud did not automatically become citizens

under the 2009 law.

Also, foreign-born persons adopted by

Canadian parents between January 1, 1947,

and February 15, 1977, while not citizens

automatically, and are eligible to apply for

citizenship.

There are still obviously rules which apply to

acquiring citizenship via naturalisation, adoption

and loosing Canadian citizenship (see the CIC

website).

People who did not become Canadian citizens

after the changes6:

People born in Canada but are not citizens

because when they were born, one of their

parents was a foreign diplomat and neither

parent was a permanent resident or citizen of

Canada;

People who renounced their citizenship as

adults with the Canadian government;

People who had their citizenship revoked by

the government because it was obtained by

fraud;

People who were born outside Canada to a

Canadian parent, who are not already citizens

or who lost their citizenship in the past, and

who were born in the second or next

generation abroad (this includes people who

failed to retain citizenship).

http://en.wikipedia.org/wiki/Immigration_to_Canada>; Historica Canada, ‘Immigration Policy’ (8 April 2014) <

http://www.thecanadianencyclopedia.com/en/article/immigration-policy/>. 4 CIC, ‘Changes to citizenship rules as of April 2009’, CIC Website <

http://www.cic.gc.ca/english/citizenship/rules_2009.asp > (8 April 2014). 5 Ibid.

6 Ibid.

http://www.cic.gc.ca/english/citizenship/renounce.asp

http://en.wikipedia.org/wiki/Immigration_to_Canada


5.

STEP (1): Determine that you are eligible

ELIGIBILITY STEP: Must satisfy: (i) Age Requirment (ii) Acquired 'Permanent resdence status' (iii) Satisfied

time lived in Canada (iv) Demonstrate laguage abilities (v) Demonstrate a knowledge on Canada's

history, values, institutions and symbols.

STEP (2): Submit a citizenship application

STEP (3): Check processing time online or call

STEP (4): CIC DEPARTMENTAL INTERVIEW (to bring in documents)

STEP (5): Citizenship test (if between ages 18-54)

STEP (6): DEPARTAMENTAL DECISION

4- INTEGRATION PROCESS: PATH TOWARDS CITIZENSHIP

The process of applying for Canadian citizenship varies depending on your eligibility.

Generally, in order to apply for Canadian citizenship you will need to follow these steps:

YOU CAN DO THIS BY

CHECKING THE

WEBSITE ONLINE-

FIRST & MOST

IMPORTANT STEP

GENERALLY: (1) Get

an application

package (2) Pay

application fees (3)

Submit application.

ASSUMING ONE

DOES NOT FALL

FOUL OF ANY

‘PROHIBITIONS’

Routine citizenship

application

(according to the CIC

website): 24 months


6.

It is interesting to note that a foreigner does not automatically become a Canadian citizen when

they marry a Canadian citizen. That foreigner must first apply for and get permanent resident

status. Only then can you apply for Canadian citizenship and meet the same requirements as any

other person seeking Canadian citizenship.7

5- HOW LARGE IS THE DEPARTMENT & WHAT ARE ITS KEY OBJECTIVES?

The CIC department has over 4000 employees working in 46 points of service in Canada and 90

points of service in 76 countries. CIC’s mandate, mission and vision statements are on its

website. This is set out as follows8:

Mandate: CIC’s mandate comes from the shared jurisdiction of Section 95 of the

Constitution Act, 1867, the Citizenship Act, and the Immigration and Refugee Protection

Act.

Mission: CIC and its partners aim to build a stronger Canada by:

o Developing and implementing policies, programs and services that:

facilitate the arrival of people and their integration into Canada in a way that

maximizes their contribution to the country while protecting the health, safety

and security of Canadians;

maintain Canada’s humanitarian tradition by protecting refugees and people in

need of protection;

enhance the values and promote the rights and responsibilities of Canadian

citizenship; and

reach out to all Canadians and foster increased intercultural understanding and

an integrated society with equal opportunity for all, regardless of race,

ethnicity and religion.

7 CIC, ‘Help Centre: FAQ’ (8 April 2014) <http://www.cic.gc.ca/english/helpcentre/answer.asp?q=357&t=5>.

8 CIC, ‘CIC’s Mandate, mission and vision’ (8 April 2014) <http://www.cic.gc.ca/english/department/mission.asp>.


7.

o Advancing global migration policies in a way that supports Canada’s immigration

and humanitarian objectives.

Vision for a stronger Canada: A stronger Canada – a safe and secure country with a

shared bond of citizenship and values; a country that continues to support our

humanitarian tradition and draws the best from the world to help build a nation that is

economically, socially and culturally prosperous.

6- HOW DOES CIC STRUCTURE SERVICE OFFERINGS FOR MIGRANTS

COMING TO CANADA?

The service offerings for migrants are vast and wide-ranging. CIC provides citizenship and

immigration services and programs such as: visitor visas, sponsoring members of the family

class, study permits, sponsoring refugees, work permits, becoming a Canadian citizen, permanent

resident visas and proof of Canadian citizenship.9 CIC also has online services, where people can

apply online or self-assess for specific programs.

CIC also provides funds to certain Canadian provinces and immigrant-serving organisations for

settlement and resettlement program services. As stated on their website, these services support

eligible newcomers by10

:

providing language training to support the acquisition of language skills necessary to

function in Canada;

offering the information needed to better understand life in Canada and make informed

decisions about the settlement experience;

offering government-assisted refugees financial support for immediate and essential

services so that they can live safely and independently in Canada;

9 CIC, ‘Who we are & What we do’, CIC Website (8 April 2014) <http://www.cic.gc.ca/english/department/service-

declaration.asp>. 10

Ibid.


8.

facilitating access to assistance in finding employment commensurate with skills and

education; and

helping to support the establishment of networks and contacts so that newcomers are

engaged and feel welcome in their communities.

CIC also provides financial support through grants and contributions for:

Canadian not-for-profit organizations, individuals and public institutions to address issues

affecting ethno-cultural communities, enhance their participation in society, address

racism and discrimination, and improve cross-cultural understanding. It also supports

projects that will lead to institutional change so that barriers are addressed with policies

and practices that are inclusive and sustainable; and

eligible community-based commemorative and educational projects on the historical

experiences and contributions of ethno-cultural communities affected by wartime

measures and immigration restrictions that were applied in Canada.

OVERVIEW:

CIC

Usual Department

functions Support Canadian Provinces

Support Immigrant-

sering organisations

Support Canadian non-for-profit organisations, individuas and

oublic institutions

Supports community

and educational

projects

Other...


9.

7- WHAT EXACTLY IS ‘MULTICULTURALISM’? HOW HAS THIS BEEN APPLIED IN THE CANADIAN CONTEXT?

Although there is no agreed or set definition of multiculturalism, according to Andrew

Heywood,11

the term ‘multiculturalism’ can be used in two broad ways; either in a descriptive or

normative sense. That it, it can either describe the diverse demographic makeup of a particular

society OR the policies and governmental goals that promote an ideal of how a just, equal and

diverse society should be for all.

Broadly speaking, Federal multicultural policy has often been characterised in three

developmental stages: the incipient stage (pre-1971), the formative period (1971-1981) and

institutionalisation (1982 to the present).12

Since 2008, the Multiculturalism Program was

moved from the Department of Canadian Heritage to the CIC.13

An historical timeline recording

the legislative and policy provisions concerning multiculturalism, can be found via the following

link: www.cic.gc.ca/english/multiculturalism/multi.asp.

Canada was the first country to become a pioneer for the formal policy of multiculturalism in the

1970s; which was then later adopted by a number of other countries. Canada’s long history of

immigration coupled with the removal of racially discriminatory immigration selection criteria

helped plant the seeds for the official adoption of multiculturalism. Multiculturalism in Canada

functions to maintain ethnic languages and cultures, whilst combating racism and living together

in a harmonious society.14

The 1971 policy saw the rights of Canadian Aboriginal people and

confirmed the status of Canada's two official languages.15 Canadian multiculturalism was also

given a constitutional and legislative basis, with support for ethnic diversity being enshrined in

the Canadian Charter of Rights and Freedoms in 1982, and the passing of the federal

11

Andrew Heywood, Key Concepts in Politics (17 October 2000), p. 227. 12

Dewing M, ‘Canadian Multiculturalism’, Publication No. 2009-20-E (15 September 2009, Revised 14 May 2013),

Legal and Social Affairs Division: Parliamentary Information and Research Service

<http://www.parl.gc.ca/Content/LOP/ResearchPublications/2009-20-e.pdf>, p. 2. 13

CIC, ‘Our Mandate’ (8 April 2014) <http://www.cic.gc.ca/english/department/mission.asp>. 14

Australian Parliament House, ‘Multiculturalism: A review of Australian policy statements and recent debates in

Australia and overseas’ (8 April 2014) (Research Paper no. 6 2010-11). 15

CIC, ‘Canadian multiculturalism: an inclusive citizenship’ CIC website (8 April 2014),

<http://www.cic.gc.ca/english/multiculturalism/citizenship.asp>

http://www.cic.gc.ca/english/multiculturalism/multi.asp


10.

Multiculturalism Act in 1988: both of which are key focal points for the promotion of a

multicultural society.16

It is often said that section 27 of the Charter officially recognises

multiculturalism as a core Canadian value, it reads:

27. This Charter shall be interpreted in a manner consistent with the preservation and

enhancement of the multicultural heritage of Canadians.

However, according to Castles and Miller, since the 1980s public opinion towards

multiculturalism has become arguably more ambivalent, and in the late 1990s and into 2000

Canadian governments began cutting back funding to multiculturalism and scaled back the

provision of settlement services.17

Despite these arguments, legislation in 1991 did create a fully

fledged Department of Multiculturalism and Citizenship (although short-lived, was later

integrated into the Department of Canadian Heritage and now CIC). Furthermore in 2002, the

government announced that Canadian Multiculturalism Day would be held. At the international

level, on 23 November 2005 Canada became the first country to accept the United Nations

Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection and

Promotion of the Diversity of Cultural Expressions. To this day, Canada is still looked on by the

international community as a leader in multiculturalism in promoting a fair, equal and just society

for all.

What about multiculturalism at the Provincial/Territorial level?: According to a recently revised

Parliamentary Research Paper on Canadian Multiculturalism18

:

(See table: p. 11)

16

I Bloemraad, 'Citizenship in the United States and Canada', Canadian Diversity, vol. 6, no. 4, Fall 2008, p. 132 17

S Castles and M Miller, 'Minorities in Canada', op. cit., p. 2; I Bloemraad, 'Citizenship in the United States and

Canada', op. cit., p. 133; S Castles and M Miller, The age of migration: international population movements in the

modern world, op. cit., p. 274. 18

Dewing M, ‘Canadian Multiculturalism’, Publication No. 2009-20-E (15 September 2009, Revised 14 May 2013),

Legal and Social Affairs Division: Parliamentary Information and Research Service

<http://www.parl.gc.ca/Content/LOP/ResearchPublications/2009-20-e.pdf>, p. 10.


11.

PROVINCIAL

GOVERNMENTS

All provincial governments have adopted some form of

multiculturalism policy.

At present, six of the ten provinces (British Columbia, Alberta,

Saskatchewan, Manitoba, Quebec, and Nova Scotia) have enacted

multiculturalism legislation.

In eight provinces (British Columbia, Alberta, Saskatchewan,

Manitoba, Quebec, New Brunswick, Prince Edward Island, and

Nova Scotia) a multiculturalism advisory council reports to the

minister responsible for multiculturalism. NOTE- In Alberta, the

Alberta Human Rights Commission performs the role of

multiculturalism advisory council.

Special cases:

In Nova Scotia, the Act is implemented by both a Cabinet

committee on multiculturalism and advisory councils.

Ontario has an official multicultural policy and the Ministry of

Citizenship and Immigration is responsible for promoting social

inclusion, civic and community engagement and recognition.

The Government of Newfoundland and Labrador launched the

province’s policy on multiculturalism in 2008 and the Minister of

Advanced Education and Skills leads its implementation

TERRITORIAL

GOVERNMENTS

While the territorial governments do not have multiculturalism policies

per se, they have human rights acts that prohibit discrimination based on,

among other things, race, colour, ancestry, ethnic origin, place of origin,

creed or religion.

In Whitehorse, the Multicultural Centre of the Yukon provides services to

immigrants.

8- CANADIAN MIGRATION: HOW MANY IMMIGRANTS HAS CANADA

TAKEN IN?

According to the CIC website, each year CIC helps 250,000 permanent residents come to Canada

and 160,000 people to become Canadian citizens.19

To gauge the number of immigrants, in 2011,

Canada had a foreign-born population of about 6,775,800 people. They represented 20.6% of the

19

CIC, ‘Citizenship and Immigration Canada’ (8 April 2014) <http://www.cic.gc.ca/english/department/index.asp>.


12.

total population, the highest proportion among the G8 countries. Between 2006 and 2011, around

1,162,900 foreign-born people immigrated to Canada. These recent immigrants made up 17.2%

of the foreign-born population and 3.5% of the total population in Canada. Asia (including the

Middle East) was Canada's largest source of immigrants during the past five years, although the

share of immigration from Africa, Caribbean, Central and South America increased slightly.20

According to the February 2014 report by Statistics Canada21

:

9- WHAT IS CANADA’S CURRENT POSITION IN RELATION TO ILLEGAL

IMMIGRANTS?

For the purposes of this paper, this refers to unlawful non-citizens from

another country that remain in Canada without the legal approval of the

Canadian government. The status of illegal immigration is governed by the

Immigration and Refugee Protection Act, established in 2003 and outlines the

20

Statistics Canada, ‘Immigration and Ethno-cultural Diversity in Canada’ (April 2014)

<http://www12.statcan.gc.ca/nhs-enm/2011/as-sa/99-010-x/99-010-x2011001-eng.cfm>. 21

Statistics Canada, ‘Annual Levels of Immigration and Immigrant Entry Earnings in Canada by Feng Hou and

Garnett Picot’ (February 2014) <http://www.statcan.gc.ca/pub/11f0019m/11f0019m2014356-eng.pdf>.


13.

rules and procedures associated with immigrants within Canada. It provides for the office of the

Canada Border Service Agency (CBSA): charged with border enforcement, immigration and

customs (though it works with CIC).

Enforcemnet measures can be applied to anyone who has breached any part of the Immigration

and Refugee Protection Act. Enforement operates at an international level, within Canada and at

all ports of entry.22

The immigration laws permit the CBSA to detain individuals in CBSA-run

immigration holding centres or a provincial correctional facility. Each detention decision is

assesed on its on merits and only after considering all reasonable alternatives before detaining

someone (according to the ‘Detention Guidelines’).23

For example, in 2011-2012, the CBSA detained 9,929 individuals out of the 98.7 million people

(including returning Canadians) processed by the CBSA.24

In the execution of its mandate, the

CBSA consistently strives to meet its domestic and international detention obligations and respect

the Canadian Charter of Rights and Freedoms. Every individual has access to medical services

and there is special considerations for vulnerable people (e.g. children). Detained individuals can

have visits from family members, friends and community groups, use the telephone and receive

mail. These measures are put in place to deter illegal immigration and assert a strong border

protection policy.

10-RECENT DEVELOPMENTS?

The most recent development in terms of government policy are the changes speculated to occur

in the early stages of 2015. This includes launching a new active recruitment model, known as the

‘Express Entry’ system; switching from a passive processing of applications to prioritising people

with skills. As the Minister of Immigration highlights ‘Express Entry promises to be a game

22

Canada Border Services Agency, ‘Fact Sheet: CBSA’ (8 April 2014) < http://www.cbsa-asfc.gc.ca/media/facts-

faits/037-eng.html>. 23

Canada Border Services Agency, ‘Fact Sheet: Overview of the CBSA’s Immigration Detention Program’ (8 April

2014) <http://www.cbsa-asfc.gc.ca/media/facts-faits/121-eng.html>. 24

Ibid.


14.

changer for Canadian immigration and Canada’s economy. It will revolutionise the way we

attract skilled immigrants and get them working here faster’.25

Although these developments

seem promising, it has not attracted widespread support from new migrant arrivals and certain

commentators.26

The success of the program and its actual implementation should be watched

closely over the coming months. Once the program eventually becomes implemented, it will be

interesting to evaluate its impact on national development and overall immigrant welfare.

25

Mondaq, ‘Canada: Canada’s Immigration Playing Field is about to change: Apply now if you can’ <

http://www.millerthomson.com/en/publications/articles/canadas-immigration-playing-field-is-about-

to?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original>. 26

See: Emigrate.co.uk, ‘Canada express entry skilled work visa fails to impress migrants’, <

http://www.emigrate.co.uk/news/20140916-10308_canada-express-entry-programme-criticised-->.

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