ARCHIVED – Annual Report to Parliament on Immigration, 2007

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Annexes

Annex A: Section 94 of the Immigration and Refugee Protection Act

The following is an extract from the 2002 Immigration and Refugee Protection Act, outlining the requirements for CIC’s Annual Report to Parliament.

Reports to Parliament

94. (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.

(2) The report shall include a description of:

(a) the activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;

(b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;

(b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;

(c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;

(d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any;

(e) the number of persons granted permanent resident status under subsection 25(1); and,

(f) a gender-based analysis of the impact of this Act.

Annex B: Glossary

Asylum Claimants

Refugee claimants are temporary residents in the humanitarian population category who request refugee protection upon or after arrival in Canada. A refugee claimant receives Canada’s protection when he or she is found to be a Convention refugee as defined by the United Nations 1951 Geneva Convention Relating to the Status of Refugees and its 1967 protocol, or when found to be a person needing protection based on risk to life, risk of cruel and unusual treatment or punishment, or danger of torture as defined in the Convention against Torture.

Business Immigrants

Business immigrants include three classes of immigrants: investors, entrepreneurs and self-employed people. Business immigrants become permanent residents on the basis of their ability to become economically established in Canada. Spouses and children of business immigrants are also included in this category.

Convention Refugees

Persons who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, are (i) outside their countries of nationality and unable or, by reason of that fear, unwilling to avail themselves of the protection of those countries; or (ii) not having a country of nationality, are outside the country of their former habitual residence and unable or, by reason of that fear, unwilling to return to that country.

Economic Immigrants

People selected as permanent residents for their skills and ability to contribute to Canada’s economy, including skilled workers, business people, live-in caregivers and provincial nominees.

Entrepreneurs

Immigrants admitted to Canada as permanent residents by demonstrating that they

• have managed and controlled a percentage of equity in a qualifying business for at least two years in the period beginning five years before they apply; and
• have a legally obtained net worth of at least CAN$300,000.

Family Class

A class of immigrants to Canada made up of close relatives of a sponsor in Canada, including a spouse, common-law partner or conjugal partner; dependent children; parents and grandparents; children under age 18 whom the sponsor intends to adopt in Canada; brothers, sisters, nephews, nieces and grandchildren who are orphans under age 18; and any other relative, if the sponsor has no relative as described above, either abroad or in Canada.

Family Members

Family members include the spouse, common-law partner or conjugal partner, and dependent children, or the children of dependent children of a permanent resident. A dependent child is either a biological child or an adopted child. Children are considered dependent if they meet one of the following conditions:

• they are under age 22 and unmarried or not in a common-law relationship;
• they have been full-time students since before age 22, attend a post-secondary educational institution and have been substantially dependent on the financial support of a parent since before age 22 and, if married or a common-law partner, since becoming a spouse or a common-law partner; or
• they are age 22 or over and have been substantially dependent on the financial support of a parent since before age 22 because of a physical or mental condition.

Foreign Students

These temporary residents have been approved by an immigration officer to study in Canada. Study permits identify the level of study and the length of time the individual may study in Canada. Students do not need a study permit for courses of six months or less if they will finish the course within the period of stay authorized upon entry, which is usually six months. Before June 28, 2002, students did not need a study permit for English- and French-as-a-second-language courses of three months or less. Every foreign student must have a student authorization, but may also have been issued other types of permits or authorizations.

Foreign Workers

These foreign nationals have been authorized to enter and remain in Canada, on a temporary basis, as workers. This category excludes foreign students and people who have been issued employment authorizations for humanitarian reasons. Most foreign workers must have an employment authorization, but may also have other types of permits or authorizations.

Government-Assisted Refugees

Government-assisted refugees are people who are selected abroad for resettlement to Canada as Convention refugees under IRPA or as members of the Convention Refugees Abroad Class, and who receive resettlement assistance from the federal government.

Investors

These immigrants are admitted to Canada as permanent residents because they

• have business experience as defined in the Regulations;
• have a legally obtained net worth of at least CAN$800,000; and
• have invested CAN$400,000 before receiving a visa.

The Government of Canada allocates the investment to participating provinces and territories, which guarantee the investment and use it to develop their economies and create jobs. The investment is repaid, without interest, after five years.

Live-in Caregivers

Temporary residents of Canada who have successfully completed the equivalent of Canadian secondary school; have six months of full-time training in a field or occupation related to that for which they are seeking a work permit; are able to speak, read and understand English or French at a level sufficient to communicate effectively in an unsupervised situation; and sign an employment contract with the future employer. Participants in this program may apply for permanent resident status in Canada after completing two years of live-in caregiving employment within three years of arrival in Canada.

Permanent Residence for Protected Persons in Canada

People who have been determined to be protected persons by the Immigration and Refugee Board in Canada or through the Pre-Removal Risk Assessment, and who have been granted permanent residence as a result.

Principal Applicant (Business Applicant)

The person who best meets the definition for one or more of the types of business immigrants or in whose name the application for immigration is made.

Principal Applicant (Economic Applicant)

The person who is likely to earn the most points in the self-assessment or in whose name the immigration application is made.

Privately Sponsored Refugees

Refugees selected abroad for resettlement to Canada who receive resettlement assistance from private sources.

Protected Persons

Persons who have been determined to be Convention refugees or persons in similar circumstances abroad, persons whom the Immigration and Refugee Board determines to be Convention refugees or persons in need of protection in Canada, and most persons with a positive Pre-Removal Risk Assessment.

Provincial Nominees

Immigrants selected by the provinces and territories for specific skills that will contribute to the local economy. The Regulations establish a Provincial Nominee Class, allowing provinces and territories having agreements with CIC to nominate a certain number of workers. A nominee must meet federal admissibility requirements, such as those related to health and security, but is not subject to the selection grid applied to federal skilled workers.

Self-Employed Persons

Immigrants who have shown that (i) they can and intend to create their own employment in Canada; and (ii) they can contribute significantly either to the Canadian economy as farmers or to the cultural or athletic life of Canada.

Skilled Workers

Immigrants selected for their skills to help ensure their success in a fast-changing labour market. The Regulations stress education, English or French language abilities, and work experience involving certain skills, rather than specific occupations.

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