MANAGING THE INVENTORY
The amendments to the IRPA and the subsequent issuance of ministerial instructions are in part a response to the inventory, or backlog, of applications for permanent residency status through the FSW program. In February 2008, when the ministerial instructions were issued, the inventory was over 635,000 applications. This inventory has almost doubled since 2000, with people waiting an average of 63 months, or just over five years, for a decision on whether they would be granted permanent residency. In 2005, CIC estimated that it would take 8 to 25 years to eliminate the inventory entirely. CIC did take some administrative measures to reduce the inventory, such as contacting applicants already in the inventory to offer a refund of their processing fee if they decided to withdraw their application rather than continue waiting for a decision, and allocating resources to missions with larger inventories.
The ministerial instructions were introduced to reduce the flow of new applications and thus allow more resources to be dedicated to processing older applications. With the introduction of the ministerial instructions, CIC has created two inventories: an older inventory of applications made prior to the instructions and another inventory ****d on the 38 occupations outlined in the instructions. The Deputy Minister of CIC told the Committee that progress has been made in reducing the older inventory, which is now 40% lower than its peak.[8] However, CIC has now has a second inventory that stands at 129,000 applications as of December 2009. When the two inventories are combined, the total reduction is a more modest 18%.
The Auditor General expressed concern that the new inventory could continue to grow and create another backlog. CIC had set a target of processing new applications within 6 to 12 months. According to CIC, 80% of new applications are currently being processed within 7 months. However, this statistic is not ****d on 100% of applications, and, more importantly, the audit notes that CIC will give priority to applications received since the ministerial instructions came into effect.[9] Thus, CIC’s ability to manage incoming applications has a significant impact on how effectively they can work to eliminate the older inventory.
CIC has set a target for processing new applications and can issue new ministerial instructions to help manage the flow of applications, but this does not address how and when CIC will eliminate the old inventory. According to the audit, “The Department was therefore unable to determine when this inventory was likely to be eliminated nor has it defined what would be a reasonable timeframe to do so.”[10] Many of the applicants on the old inventory have been waiting years for a decision, meaning that it is more difficult for these applicants to address the changing needs of the labour market. This also raises questions of equity in comparison to newer applicants. As the Committee believes that CIC should have a plan for eliminating this inventory, it recommends:
RECOMMENDATION 3
That Citizenship and Immigration Canada articulate a clear strategy and timeline for eliminating the inventory of applications received prior to 27 February 2008 under the Federal Skilled Worker program.
VISION FOR THE IMMIGRATION PROGRAM
As immigration is an area of shared responsibility, CIC is working with the provinces and territories to agree upon a common vision for immigration, that is, a strategic roadmap for the future of the program. According to Les Linklater, Assistant Deputy Minister, Strategic and Program Policy at CIC, “Our long-term goal with the visioning exercise is to understand how to best meet structural and cyclical labour market needs through immigration, long-term skills needs, short-term pressures, and the variety of programming that best suits the response to these types of pressures.”[11] This exercise will address the relationship between the Provincial Nominee Program (PNP) and the FSW program, as well as their respective contribution to meeting Canada’s labour market needs. Also, an evaluation of the Federal Skilled Worker program and a national evaluation of the PNP will begin this year.
The OAG recommended that CIC develop, in consultation with the provinces and territories, a strategic roadmap of the immigration program, including a clear vision of what each category is expected to contribute.[12] CIC’s action plan indicates that it will develop its roadmap by the fall of 2010 and complete the visioning exercise by winter 2010. The Committee expects that CIC will provide an update on the progress of these activities in its status report, as discussed earlier. However, the Committee would like to ensure that the completed roadmap clearly articulates what each category is expected to contribute to the overall immigration program, so it recommends:
RECOMMENDATION 4
That Citizenship and Immigration Canada provide to the Public Accounts Committee by 31 January 2011 its roadmap on the future of the immigration program.
GLOBAL CASE MANAGEMENT SYSTEM
The Global Case Management System (GCMS) was launched with the purpose of supporting CIC’s entire client management operations. However, in its 2006 audit of large information technology projects, the OAG found that CIC had to struggle with a number of problems, including changes in the project's scope, difficulties accessing funds, and a lack of people with the required skills.[13] The current audit did not re-examine the GCMS development process, but noted that the estimated total cost of GCMS is now around $387 million, almost twice the original estimate of $194.8 million. Moreover, the implementation of GCMS internationally is scheduled to begin in June 2010, almost 10 years after the initial launch of the project. According to the OAG, as a result of the delays in implementing the system, employees in offices abroad are still burdened by paperwork and spend a great deal of time on clerical tasks.
During the Committee meeting, the Deputy Minister of CIC indicated that there is a “great expectation” for GCMS to allow CIC to manage its caseload more efficiently by making it possible for immigration cases to be processed from any office around the world using a single system. [14] In addition, in his opening statement to the Committee, the Deputy Minister indicated that GCMS “is already helping [CIC] to detect and prevent fraud” since being implemented internally in 2004.[15]
Considering the time and cost overruns of the project, it is important to evaluate its effectiveness in attaining the gains outlined by the Deputy Minister. Thus, the Committee recommends:
RECOMMENDATION 5
That Citizenship and Immigration Canada evaluate the effectiveness of the Global Case Management System in identifying fraudulent applications and in increasing the efficiency of application processing by 30 June 2012.
TEMPORARY FOREIGN WORKER PROGRAM
The Temporary Foreign Worker Program (TFWP) is of particular concern to the Committee as it involves an especially vulnerable group of immigrants that may, for instance, lack sufficient knowledge of either of the official languages. Moreover, there has been a significant increase in demand for temporary foreign workers, with the number of temporary work permit applications received abroad rising from 91,270 in 2002 to 204,783 in 2008, a growth of more than 124% over the period.
The design and implementation of TFWP is an area of shared responsibility between HRSDC and CIC. While CIC oversees the selection of temporary workers, HRSDC issues a labour market opinion (LMO) for the employer. In its audit, the OAG has identified serious problems with the design and delivery of TFWP. The OAG found that there was no systematic process for ensuring the genuineness of job offers, so work permits could be issued for jobs or employers that do not exist. Furthermore, there was no systematic follow-up by either CIC or HRSDC to verify that employers in Canada are complying with the terms and conditions of the work permits. This raises questions about the integrity of the program and puts many foreign workers, in particular live-in caregivers and lower-skilled temporary workers, in a vulnerable position.
Regulatory amendments to TFWP proposed in December 2009 will clarify the roles of CIC and HRSDC, as well as establish specific criteria to guide the assessment of the genuineness of an employer’s job offer to a temporary foreign worker. According to the opening statement by the Deputy Minister of CIC, these changes would also establish consequences for employers who fail to meet their commitments to workers and grant the government more authority to review the actions of employers and third parties acting on their behalf.[16]
The Committee is also encouraged by HRSDC’s pilot monitoring project of following up with employers to ensure that they are in compliance with all of the conditions associated with the issuance of an LMO. Where non-compliance is evident and corrective action is not taken, employers will be issued a negative LMO by HRSDC, preventing them from hiring foreign workers. Although HRSDC did indicate that out of 250 reviews conducted, 93% were found to be compliant, with only 11 employers unable or unwilling to take corrective action, the Committee would like to have a more in-depth breakdown of the results of HRSDC’s reviews going forward. Therefore, the Committee recommends:
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7th June 2010, 03:52 PM
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