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Federal and Provincial Immigration Arrangements in Canada:

Policy Changes and Implications

Peter S Li

University of Saskatchewan

Canada

FÒRUM GESTIÓ DE LA IMMIGRACIÓ I L

A DIVERSITAT AL QUEBEC I AL CANADÀ

2

Notable Features of Canada’s Immigration

• Canada admits about a quarter of a million immigrants annually

• Immigrants made up 19.8% of Canada’s population

• Canadians reported over 200 different ethnic origins in 2001

• Immigration contributes to more diversity of origins in Canada



3

Legal Categories of Admission

• Economic class based mainly on age, occupational and educational skills or investment capacity. Includes business immigrants, provincial nominees (55%, 2006)

• Family class restricted to close family members of a resident or citizen of Canada (28%, 2006)

• Refugees based on UN criteria of refugees or on humanitarian grounds (13%, 2006)



4

Federal and Provincial Immigration Jurisdiction

• Under the Constitution Act of 1867, Canada has power over naturalization and aliens; Canada and provinces share power over immigration, but Canada has paramount say. Section 95:

“In each Province the Legislature may make laws in relations to Agriculture in the Province, and to Immigration into the Province…the Parliament of Canada may from time to time make laws in relation to Agriculture in all or any of the Provinces, and to Immigration in all or any of the Provinces; and any law of the Legislature of a Province…shall have effect in and for the Province as long and as far as it is not repugnant to any Act of the Parliament of Canada”.



5

Historical Authority of Federal Government Over Immigration

• The condition of repugnancy and the exclusive rights of the federal government over matters of aliens give federal government paramount say in immigration

• Immigration to Canada in 19th and early 20th century closely related to expansion in the west and agricultural settlement. The settlement of the West and the wheat boom in early 20th century created the conditions for federal government to link immigration to a national plan of economic development

• BC passed some laws to regulate Chinese immigration in 19th century, but these were declared unconstitutional



6

De Facto Federal Control over Immigration

• By the end of WW II, provinces had shifted from their earlier role of providing services to immigrants for land settlement to one aimed at service delivery to general population in health, welfare and education

• Immigration policy development became largely concerns of federal government

• Post-WW II: end of free skilled migration, rising demand for skills worldwide, increased government intervensionby receiving countries



7

Post WW II Immigration Policy

• Mackenzie King 1947 statement: (1) viewed immigration as a source of population and economic growth; (2) did not want to change racial composition of Canada; (3) in favour of immigration from Europe and US

• 1952 Immigration Act: admission categories excluded Asian countries

• 1967 Immigration Regulations: point system introduced. The point system remains the basic framework of immigrant selection



8

2001 Immigration Act2002 Immigration Regulations

• Replaced 1976 Immigration Act & over 30 amendments

• Require Minister to refer proposed regulations to House committees before tabling in Parliament

• Separate immigration from refugee protection

• Framing immigration in terms Canada’s national benefits and its social and cultural features

• Stress importance of skilled immigrants and their economic benefits to Canada

• New selection grid places even greater emphasis on human capital in providing flexible skills to Canada’s changing labour market



9

Federal/Quebec Immigration Agreements

• In recent decades, role of provinces in immigration has increased

• Quebec’s concerns: (1) to have a proportional share of new immigrants and (2) to take control of integrating new immigrants to maintain the demographic and linguistic position of French speaking population

• Quebec the first province that signed an immigration agreement: 1971 Lang-Cloutier Agreement; 1978 Canada/Quebec Agreement; 1991 Canada and Quebec Accord relating to immigration and temporary admission of aliens



10

Features of 1991 Accord

• Quebec has sole responsibility to select immigrants; Canada has sole responsibility to admit immigrants

• Quebec not Canada would provide programs for reception and linguistic and cultural integration of immigrants, and receive federal compensation

• Devolution of immigration power to Quebec partly arises from constitution debate of the 1980s. The abortive 1987 Meech Lake Accord reflects a strong will to shift substantial authority in immigration to provinces, and it has key elements in the 1991 Accord.



11

Features of Federal/Provincial Immigration Agreements

• As of 2007, federal government has agreements with 8 provinces and 1 territory (Table 1). Provincial Nominee Program is in place with 10 jurisdictions, except Quebec

(1) Agreements recognize difference in local conditions in settling immigrants & need to design provincial settlement programs with federal funding

(2) Need for federal government to consult with provinces in developing general immigration policies & take into account provincial objectives and needs in developing immigration targets

(3) Allow provinces to nominate immigrants to address local economic needs



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Table 1: Federal-ProvincialTerritorial Agreements

Year Originally Year

Province Agreement Signed Signed Expired

Alberta Agreement for Canada-Alberta Cooperation

on Immigration 2007 Indefinite

British Columbia Agreement for Canada-British Columbia

Co-operation on Immigration 2004 1998 2009

Manitoba Canada-Manitoba Immigration

Agreement 2003 1996 Indefinite

New Brunswick Canada-New Brunswick Agreement

on Provincial Nominees 2005 1999 Indefinite

Newfoundland Canada-Newfoundland and Labrador

and Labrador Agreement on Provincial Nominees 2006 1999 Indefinite

Nova Scotia Canada-Nova Scotia Co-operation

on Immigration 2007 Indefinite

Ontario Canada-Ontario Immigration 2005 2010

Agreement

Prince Edward Canada-Prince Edward Island Agreement on

Island Co-operation on Immigration 2001 2007

Quebec Canada-Quebec Accord Relating to

Immigration andTemporary Admission of Aliens 1991 Indefinite

Saskatchewan Canada-Saskatchewan Immigration

Agreement 2005 1998 Indefinite

Yukon Agreeement for Canada-Yukon Co-Operation

on Immigration 2001 2007FÒRUM GESTIÓ DE LA IMMIGRACIÓ I L


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Provincial Nominee Program: BC

• Ontario accounts for over 50% annual immigrants to Canada; BC--15-22% (Quebec—18%, 2006)

• 1998 agreement with BC allowed province to nominate 1000 provincial nominees between 1998-2003; 2004 agreement left no. to mutual agreement. BC accepts: (1) skilled workers with job offer, including in trades; (2) trained doctors and nurses; (3) international graduates with job offer; (4) business people to develop a viable business

• BC’s selection criteria reflects the housing & economic boom beginning in 2003, and the labour shortages



14

Provincial Nominee Program: Ontario

• Ontario shares over 50% of annual immigrants; it only developed a pilot employer-driven program in 2005 aimed at having 500 principal applicants a year

• Employer category (450): in GMA a company with 25 employees may apply for 5 positions; outside GMA, a company with 30 employees, 10 positions. Ensures 50% outside of GMA. Jobs allowed: (1) professional jobs in health & education; (2) skilled workers in 10 occupations; (3) international graduates with job offer

• Multinational investor category (50): a company has to make $10 million investment and creates 25 position, and may apply for up to 5 immigrants in high-skilled occupations



15

Provincial Nominee Program: Manitoba and Saskatchewan

• Manitoba singed in 1996, 1998 addendum allowed 200 nominees a year (1998-2001), but the no. was raised to 1250 in 2002

• Saskatchewan signed in 1998---allowed 150 applicants in 2 years, no. was raised to 200 a year in 2002

• Saskatchewan nominee categories: skilled workers with job offer, entrepreneurs and farm owners, relatives of immigrant families in the province



16

Provincial Nominee Program: Alberta

• Alberta shares about 7% of annual immigrants to Canada. Signed agreement in 2007; allows 400 nominees a year

• Employer driven, but has a self-employed farmer stream

• Employers unable to fill jobs may apply to nominate immigrants under: skilled worker, international graduates, semi-workers in food processing, hotel industries, manufacturing and trucking.



17

Provincial Nominee Program: Nova Scotia and New Brunswick

• Nova Scotia’s agreement allows it to nominate 200 a year, but target level may be raised. Nominee categories: skilled workers with job offer, family business workers to help family-owned businesses, experienced managers and business owners, international graduates

• New Brunswick’s original agreement was 200 a year, but later amendment made it very flexible. Program requires applicants to meet two criteria: job offer and having a minimum score of 50 points measured by age, language skills, education, work or business experience and adaptability



18

Differences in Nominee Programs

• Size of annual immigrant flow and provincial economic features affect features of the program

• Ontario with a large intake has a restrictive program aimed at attracting investment capital and diverting skilled workers outside of GMA

• BC’s program stresses addressing labour shortages in skilled, semi-skilled and health jobs and attracting business investments

• Alberta’s program is employer driven but also accepts semi-skilled workers and self-employed farmers

• For smaller provinces, greater emphasis to attract immigrants



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Figure 1: Landed Immigrants by Category, As Per Cent of Annual Immigrants Admitted to Canada, 1980-

2006

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

Year of Landing

Perc

enta

ge

Family Class Economic Class Refugees



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Table 2: Provincial Nominees Admitted to Canada, 1996-2007

Landing Year

Economic ImmigrantsProvincial Nominees

% of Economic Immigrants

1996 125,370 233 0.19%

1997 128,351 47 0.04%

1998 97,911 0 0

1999 109,251 477 0.44%

2000 136,292 1,252 0.92%

2001 155,718 1,274 0.82%

2002 137,864 2,127 1.54%

2003 121,045 4,418 3.65%

2004 133,748 6,248 4.67%

2005 156,312 8,047 5.15%

2006 138,251 13,336 9.65%

2007 131,248 17,095 13.02%

Total 1,571,361 54,554 3.47%FÒRUM GESTIÓ DE LA IMMIGRACIÓ I L


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Table 3: Age at Immigration, University Degree and Official Language

Capacity of Provincial Nominees and Other Economic Class Immgirants,

Principal Applicants Only, 2001-2005 Landing Years

Provincial Other Economic

Nominees Class Immigrants*

Mean Age at time of Immigration to Canada 37.7 35.7

% With University Degree 48.9 81.1

% Speaking Either or Both Official Languages 76.0 80.4

Total Number of cases 7,237 273,090

* Economic and business class immigrants not admitted as provincial nominees.

Source: Compiled from Landed Immigrant Data System, 1980-2005, microdata file.FÒRUM GESTIÓ DE LA IMMIGRACIÓ I L


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Table 4: Occupation of Provincial Nominees and Other Economic Class

Immgirants, Principal Applicants Only, 2001-2005 Landing Years

Provincial Other Economic

Occupation Nominees Class Immigrants*

% %

Senior Management 3.0 0.4

Middle Management 12.3 5.3

Professional/Administrative in Business and Finance 4.9 11.9

Professional/Technical in Natural/Applied Sciences 16.9 55.4

Professional/Technical in Health 8.6 5.0

Other Professional/Paraprofessional 5.9 11.6

Clerical 1.5 1.1

Occupation in Sales and Services 4.3 5.5

Trades/Skilled occupation in Transportation/

Equipment Operation 32.7 3.3

Other Trades , Skilled and Semiskilled Occupation 5.7 0.2

Occupation in Primary Industry 4.2 0.4

Total 100.0 100.1

[Number of cases] [5,793] [254,751]FÒRUM GESTIÓ DE LA IMMIGRACIÓ I L


23

Provincial Nominees & Economic Immigrants

• Provincial nominees less well educated as other economic immigrants

• One-third of nominees in trades & skilled occ in transportation & equipment operation, compared to 3% among economic immigrants

• 55% economic immigrants and 17% nominees in professional/technical occ in natural & applied sciences

• Nominees more likely to be in primary industry (4%) and in senior & middle management (15%) than economic immigrants (0.4% and 5.7% respectively)



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Policy Implications

• Provincial nominees increased from less than 1% of economic immigrants in 2001 to 13% in 2007

• If this trend continues, provincial nomination will become a major source for admitting economic immigrants

• The expansion of the Provincial Nominee Program will likely result in a multi-tiered system of selection, with provincial nominees bringing a different occupational & educational profile than other economic immigrants

• Admission of nominees based on short-term local needs; long-term mobility of immigrants based on national economic forces of supply and demand

• Unclear as to whether the Nominee Program is sufficient to retain immigrants in smaller provinces



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