‘Scumbag’ Ontario employers to be slapped with hefty new fines for withholding workers’ passports, vows labour minister

Good, but the proof will lie with enforcement or lack thereof. The decline in inspections over the last five years is not an encouraging sign:

Ontario employers who withhold vulnerable foreign workers’ passports will face stiff penalties under proposed new labour laws that aim to introduce the highest maximum fines in the country.

If passed, the legislation to be introduced Monday would result in penalties of $100,000 to $200,000 for each passport withheld from a worker — a significant leap from the current fines, which range from just $250 to $1000.

“It’s totally disgusting that any human being would ever be treated the way we see sometimes,” Labour Minister Monte McNaughton told the Star. “Which is why I’ve made this a top priority for myself and for our ministry.”

The proposed reforms would mean if employers are convicted of retaining documents for multiple workers, they could face cumulative fines ranging into the millions.

Withholding foreign nationals’ travel documents is already illegal under provincial employment laws, but heftier fines are “one piece of the puzzle” in a ministry crackdown on labour trafficking, McNaughton said.

Withholding workers’ travel documents is illegal — and widespread, advocates say

The new legislation comes in the wake of several recent labour exploitation cases that have resulted in criminal prosecutions. Earlier this month, York Regional Police announced it had identified 64 Mexican nationals who had been forced to live and work in “deplorable” conditions. Police have laid charges against the workers’ alleged abusers under human trafficking laws.

In that example, the labour ministry’s new penalty framework would also allow inspectors to slap recruiters with fines of up to $6.4 million for withholding passports, said McNaughton.

While retaining workers’ travel documents is coercive and illegal, advocates have long said the practice is widespread — and called for more proactive inspections to prevent violations of the Employment Protection for Foreign Nationals Act (EPFNA).

“The profound weakness of the legislation is that it depends upon individual workers to bring forward complaints,” notes a 2016 report authored by lawyer and migrant labour expert Fay Faraday.

Last year, the ministry investigated 189 claims under EPFNA, uncovered 25 violations and identified more than $100,000 of unpaid entitlements owed to workers.

Inspections down dramatically since 2017

Ministry of Labour data shows the number of inspections conducted to identifyoverall workplace violations such as wage theft has dropped significantly in recent years, from 3,500 in 2017 to 215 last year.

The number of prosecutions for employment standards violations also dropped to 34 from 233 over the same time period.

In a statement, the ministry said its employment standards officers have supported the government’s pandemic response over the past two years, including “providing essential businesses with compliance assistance” and enforcing lockdown regulations.

“While the number of inspections the ministry has been able to complete has been impacted by the pandemic, we have continued to investigate every claim and review every complaint reported to us.”

Labour minister’s focus is on cracking down on ‘scumbags’

McNaughton said the proposed new fines will complement the ministry’s new anti-trafficking unit that has so far initiated 45 investigations and recovered hundreds of thousands of dollars for over 3,500 workers.

“I know the changes will only work if you catch these scumbags,” he said. “My focus is cracking down on the bad guys who are breaking the law, and my goal is to fine them as much as possible.”

In addition to facing so-called administrative penalties for withholding travel documents, individuals who are prosecuted in court under the proposed labour reforms could face additional penalties of up to $500,000 or a year of jail — up from the current maximum fine of $50,000. Corporations would be liable for penalties of up to $1 million.

With labour exploitation attracting growing attention, the Migrant Workers Alliance for Change has said it believes the labour ministry is the right body to lead enforcement activities. The advocacy group has raised concern about the involvement of police and border authorities, particularly where vulnerable workers are at risk of deportation.

Proposed legislation includes higher fines, expanded worker protections

Other changes to be introduced Monday include higher fines for corporations convicted of health and safety violations, raising fines to $2 million from $1.5 million.

The move follows an increase in maximum fines for individuals who break workplace safety laws, brought in last year.

The proposed new legislation will also contain a number of other initiatives recently announced by the ministry, including expanded cancer coverage for firefighters at the workers’ compensation board and protections for remote workers during mass terminations.

Source: ‘Scumbag’ Ontario employers to be slapped with hefty new fines for withholding workers’ passports, vows labour minister

Dicko: Is the uncertain economic climate a threat to Canada’s immigration targets?

More promotion than neutral and objective analysis:

The federal government plans to welcome 1.4 million immigrants by the year 2025. These ambitious targets reflect a national consensus on immigration’s long-term economic value. With one million job vacancies and an estimated 40 per cent of small- to medium-sized businesses reporting staff shortages, Canada needs immigrants.

Since setting these targets, inflation in Canada has spiralled and the rising cost of living has stretched the finances of many Canadian households. A recent report reveals that 64 per cent of Canadians is concerned about their ability to pay off debts, while 59 per cent state that further increases will lead them to financial difficulties. 

Financial planning and budgeting are accompanied, for many people, by apprehension and anxiety— especially when the person in question is a newcomer to Canada.

An immigrant’s skills and experience earn them enough points for permanent residency in Canada. However, they soon find that the reality of living and working in Canada is different from what they anticipated. 

Immigrants compete for jobs and housing with an average of 10 per cent less pay than Canadian-born workers. If they are skilled and university-educated, they receive an estimated 20 per cent less than their Canadian counterparts each month. 

This immigrant wage gap costs our economy $50-billion each year.

Seventy-two per cent of immigrants recently surveyed by Léger for the Institute for Canadian Citizenship said that “Canadians don’t understand the challenges immigrants face.” Thirty per cent of young newcomers, aged between 18-34, revealed that they are likely to leave Canada in the next two years. 

It’s understandable, in the current climate, why many young newcomers would want to take their skills and experience elsewhere. Far too many immigrants arrive to find that their experience and credentials are not recognized in Canada. If they need a license, the cost of getting licensed could cost tens of thousands of dollars. 

Immigrants also come up against another barrier—lack of Canadian experience—which is not something they can control or overcome. Some find themselves in low-skilled survival jobs because of these barriers. 

It’s a vicious cycle: they arrive in Canada with no credit history and without it, they are not eligible for a career loan from a financial institution. This keeps them stuck in the survival job, moving further and further away from the career they once had in their home country. 

Navigating life in a new country can induce stress and anxiety. Research shows that immigrants and refugees are more susceptible to mental health challenges. 

Our client Elda experienced anxiety as a newcomer to Canada. As a skilled psychotherapist with years of experience back home in the Philippines, she was unable to practice as a psychotherapist in Canada unless she got re-licensed. Elda wanted to continue her career but it came at a significant cost. With a young family to feed, she needed financial support. She wasn’t sure how she could pay her bills and also return to what she loved to do. 

One of these solutions is microloans offered through national charities, like Windmill Microlending. A microloan makes it possible for someone like Elda to get re-licensed while covering living expenses during the process. 

Today, Elda is a licensed psychotherapist who helps others manage their mental health struggles. Internationally-trained mental health professionals like Elda are in high demand.  

Helping immigrants contribute at the level that our economy needs could help ease pressures on our health-care system.

The Windmill team supports over thousand immigrants like Elda every year as they transition into careers that align with their skills and experience. We recognize that the current economic climate could deter newcomers from applying for a career loan, so we recently introduced a fixed-rate interest loan of 5.95 percent for a limited time. 

Offering loans at this below-prime rate ensures that funds remain accessible and affordable to newcomers. We hope that this measure will help newcomers fulfill their career goals and utilize their full potential while also reducing Canada’s labour shortage. 

As we welcome more immigrants in the coming years, Canada must remain a desirable destination for skilled workers around the world. We have much to gain by getting the best and brightest skilled immigrants into roles where they can make a difference. 

When skilled immigrants are allowed to leverage their skills and experience, Canada reaps the benefits. 

Oumar Dicko is national director, Stakeholder Relations of Windmill Microlending, a national charity that empowers skilled immigrants to achieve economic prosperity through microloans and supports.

Source: Is the uncertain economic climate a threat to Canada’s immigration targets?

Managing asylum claims in a federal system with lessons from Germany

Useful, balanced and realistic analysis, highlighting the difficulties of adopting the German model :

Quebec Premier Francois Legault took to the media to call for changes in how Canada manages asylum claims. With 64 per cent being processed in Quebec in 2022, one of his demands was that asylum-seekers be distributed across the provinces to even out the additional demands on health care, housing and other public resources required to support the new arrivals.

In contrast to his problematic call to close the Roxham Road crossing, the interprovincial redistribution of asylum seekers may be viewed as a feasible policy with precedents in several European countries, including Germany, that could provide inspiration.

However, there are concerns that would have to be addressed before considering such a policy, including a workable funding solution between Ottawa and the provinces, how to provide the necessary infrastructure and human-rights issues.

How are asylum claims managed in Canada?

Currently there is no mechanism for assigning a place of residence to individuals who file an asylum claim in Canada. Claims are filed in the province in which someone arrives. If an initial review determines that the claimant is eligible for consideration, that province provides access to services such as emergency housing, health care, education and social and legal assistance. Municipalities and non-governmental organizations may also contribute to this support. Claimants are free to move to another province and have their claims assessed there.

The federal government supports some of the costs of hosting asylum-seekers during the process, through the Canada Social Transfer, the same block payment that provides provinces and territories funding on a per-capita basis for programs like post-secondary education.

The German model: Efficient and effective at redistributing costs

Since the Second World War, Germany has managed steady inflows of asylum-seekers, with big peaks in the early 1990s and mid-2010s. Over 1.2 million asylum applications were submitted from 1990 to 1993, and another 1.2 million were filed in 2014-2015 alone.

Germany manages a substantially higher volume of asylum applications than Canada, as a comparison of the years 2011 to 2022 shows. In that period, Germany processed over 2.8 millionasylum applicationswhile Canada had just over 417,000. In peak years, Germany received 745,545 (in 2016), while Canada received 92,100 (in 2022). On average, the number of applications received annually was almost seven times higher in Germany than it was in Canada, while Germany’s overall population is roughly two times larger.

Germany has long distributed asylum-seekers across its federal states. Its current mechanism for doing this was first integrated into West Germany’s 1982 Asylum Procedure Act and later modified to include the former East German states. Asylum claimants are distributed across the 16 federal states according to what is known as the Königstein Key (Königsteiner Schlüssel).

The key calculates quotas for asylum seekers based on each state’s tax revenue and population. More populated and economically powerful states are assigned proportionally more asylum seekers than those with fewer inhabitants and smaller economies. In 2023, North Rhine-Westphalia, a large state in western Germany, is responsible for just over 21 per cent of asylum-seekers while the small city-state of Bremen is responsible for slightly fewer than one per cent of them.

As soon as an asylum seeker launches a claim, regardless of where they do so, an electronic system automatically determines which state will handle their case, and they are immediately sent onwards (at the cost of the first state they arrived in).

Once they reach their assigned state, asylum seekers are distributed across reception centres in that state, and the state pays for benefits like food, housing, clothing and health care. In order to receive these benefits, asylum-seekers need to remain registered and resident in the municipality they were assigned to for at least the first three months after arrival.

The German model is widely regarded as one of the most effective systems of dispersing asylum-seekers geographically. Yet, like all such systems, it has its downsides. Also, the features that make it highly effective require certain political conditions that are not easy to replicate in other countries. There are certain human and social costs.

While it may be desirable from the perspective of the state to distribute asylum seekers geographically, doing so requires that the freedom of movement of individuals be restricted, at least for an initial period.

This has two main downsides. First, new arrivals cannot choose to take up residence in a place where they have family, friends and/or a community. This means that they lack the network connections that are sources of information, support and well being. If asylum-seekers gain permanent residence, the absence of networks can hinder their social and economic integration. Some scholars argue that the disruptive effects of dispersal on asylum-seeker’s networks are welcomed by states like Germany, as means of deterring new arrivals. 

Second, true geographic dispersion means placing them in communities that have little or no history of receiving immigrants. In Germany, asylum-seekers placed in more rural areas have been vulnerable to xenophobia and even racist violence.

Asylum seekers and refugee housing centres have regularly been subjected to xenophobic attacks in Germany since the early 1990s. The most infamous of these occurred in a suburb of Rostock in 1992.

Isolation from networks and potentially hostile environments are not just detrimental to asylum-seekers. They can also create costs for society, in the form of poor social and economic integration and increased ethnic and racial tensions, both of which can be mobilized by far-right politicians.

Could Canada adopt the German model?

Due to growing exposure to global forces and refugee flows, Canada will undoubtedly receive increasing numbers of asylum seekers in the future. Designing and implementing an effective, German-style system could lead to better outcomes than more ad-hoc arrangements, as the comparison between Germany and the United Kingdom shows. However, that assumes that Canadians are prepared to pay for the human and social costs to distribute expenditures on asylum-seeker support across provinces. But first, there needs to be at least two key components put in place.

A legitimate means of determining quotas

One thing that made it relatively easy for German states to commit to a refugee quota system was the agreed-upon distribution mechanism – the Königstein Key. This was originally created in 1949 to fund research and science and had long been considered a fair and legitimate means of sharing costs. Its application to a new policy area was thus relatively uncontroversial.

In Canada’s current fraught state of executive federalism, creating a similar mechanism would likely lead to additional intergovernmental conflict.

Language politics could also complicate negotiations, as Quebec might request to only retain and host francophone asylum seekers on its territory. That would have to be factored into the distribution mechanism and, perhaps, make it harder to build political consensus around it in that province and in the rest of the country.

Infrastructure

All residents of Germany, including citizens, are required to register with their city or municipal authority within two weeks of taking up residence. Local registration is recorded on national identity cards (the most common form of personal identification in the country) and determines access to myriad social services. It is also used to determine the amount of funding a municipality receives from the state, including the number of school and kindergarten slots that are needed.

This system makes it possible to tie asylum seekers’ social and financial support to maintaining residency in a particular municipality. In other words, there is an effective infrastructure in place to enforce the quota system and to easily monitor asylum-seeker distribution and financial transfers between states and municipalities.

Canada has no such infrastructure. Nor is most of its immigrant support designed to maintain geographic distribution. One exception are the provincial nominee programs (PNPs) and – within those – collaborations with municipalities to get immigrants and refugees to settle outside of metropolitan centres. Yet, immigrants self-select into these, suggesting a willingness on the part of participants to settle in a particular region of the country.

If Canada chose to adopt a program for distributing asylum seekers across provinces and territories, it would be following established practices in Germany and other European countries. Doing this effectively and with minimal friction between jurisdictions requires careful planning and adequate population-management infrastructure, however. There are also human and social costs that need to be considered – costs Canada has not yet been willing to pay. These include curtailing the freedom of movement of asylum-seekers and creating living conditions that could be detrimental to them and Canada’s social fabric.

Source: Managing asylum claims in a federal system with lessons from Germany

ICYMI:Canada extends international students’ work permits for 18 months. ‘We’re seeing that the same crisis is repeating over and over,’ critics say

Of note, side effect of backlogs:

International graduates with expired or expiring work permits will be able to extend their work authorization in Canada for another 18 months, under a new immigration measure announced Friday.

Postgraduate work permit (PGWP) holders who qualify for the program will soon be contacted with information about logging into their online account to opt in and update their file, starting April 6.

A PGWP is typically not extendable, but similar policies have been implemented twice during the pandemic to allow international graduates to stay and work in Canada as many ran out of status and were unable to pursue permanent residence amid significant immigration backlogs.

Those with expired work permits both in 2022 and 2023 will be able to restore their status, even if they are beyond the 90-day restoration period, and will receive an interim work authorization while awaiting processing of their new work permit application.

“We need to use every tool in our toolbox to support employers who continue to face challenges in hiring the workers they need to grow,” Immigration Minister Sean Fraser said.

“We want to continue to hang on to that talent in Canada, not just to fill gaps in the short term in the labour force, but to ensure that we’re meeting the long-term needs of the economy.”

The federal government’s 2022 PGWP extension program wasn’t without flaws. Permit holders were initially told their authorization would be processed automatically, without them having to do anything. However, many did not receive the needed documents and ran out of status to legally stay and work in the country.

“Lessons learned from that process have been applied as we implement a similar one. The new public policy will allow anyone who was eligible under the 2022 initiative to apply for an open work permit and to restore their status,” the immigration department said.

Yogesh Tulani, whose PGWP would expire this month, said some unscrupulous consultants and lawyers — and some employers — are taking advantage of students who are on the edge of losing status by charging them hefty fees for a job offer and the Labour Market Impact Assessment they would need to obtain a closed work permit and stay in this country.

“You’re asked to pay a large sum of money, which ranged from anywhere between $8,000 to $35,000, which is unethical and illegal,” said the 23-year-old, who graduated from Georgian College in 2019 and now works as a pest-control technician in London, Ont.

Advocates said Fraser needs to make the PGWP permanently renewable to better protect vulnerable students from abuse and exploitation.

“We’re seeing that the same crisis is repeating over and over again. How many more times are we going to have to fight for permanent renewability?” asked Sarom Rho, an organizer for Migrant Students United at the Migrant Workers Alliance for Change.

Rho also urged Fraser to resume the Canadian Experience Class program, which most international graduates use to transition to permanent residence based on their work experience and education credentials acquired in the country.

The draws for the program have been suspended for nine months and the delay has contributed to international graduates’ immigration limbo, leaving some unable to get permanent residence while their legal status is running out, said Rho.

“Many current and former migrant student workers will be facing the same crisis in January of 2024,” she warned.

Canada, like most countries, has faced significant labour and skill shortages in the economic recovery from the COVID-19 pandemic, and the special measures are an attempt to keep current workers in the labour market.

International students and graduates have become a main source of temporary migrant workers in Canada. Those enrolled in a post-secondary program can work during their studies and are eligible for a PGWP that lasts for up to three years.

According to the Canadian Bureau for International Education, there were 807,750 international students in Canada at all levels of study last year, up 43 per cent from five years ago. Indian students accounted for 40 per cent of the overall international enrolment, followed by Chinese students, at 12 per cent.

At the end of 2022, more than 286,000 international graduates were in Canada with a valid post-graduation work permit, immigration officials say.

About 127,000 PGWPs expire this year, though about 67,000 PGWP holders have already applied for permanent residence and won’t need to extend their work permit through this initiative.

Source: Canada extends international students’ work permits for 18 months. ‘We’re seeing that the same crisis is repeating over and over,’ critics say

‘State of shock’: As Canada ramps up immigration, unsuspecting …

Of note, the reality vs the promise:

A year after hearing “welcome home” for the first time at the Canadian border, Shahzad Gidwani found himself questioning whether he and his wife made the right decision to start a new life here.

The timing wasn’t ideal, arriving in Toronto from India with their son just as the pandemic began sweeping the globe. Yet the 53-year-old held high hopes for his family’s future. He was bringing with him decades of international work experience in sales and marketing, and a master’s degree in business from the U.S.

But as inflation crept toward a 40-year high, eating away at the family’s savings, panic began to set in. Gidwani struggled to secure a permanent job with a living wage because employers didn’t want to hire someone without Canadian experience.

“We hadn’t prepared for inflation,” Gidwani said. He estimated they were spending nearly $6,000 a month on rent, furniture, food and basic necessities when they were first settling in. “We were in a state of shock.”

“We thought about whether we’d made the right decision because we were burning through money. What you spend here in one month would last you nine months back in India,” Gidwani said.

Many newcomers like Gidwani come to Canada dreaming of a better life, but lately they have found themselves pummelled by the highest inflation rate in four decades, unable to afford adequate housing, food and basic necessities. And as the federal government responds to historic labour shortages by ramping up immigration — targeting an unprecedented 1.5 million immigrants over the next three years and issuing work permits to non-Canadians at record highs — newcomers are arriving only to find mostly low-skill, low-paying jobs available to them.

Many Canadians are feeling the strain of exorbitant living costs, but those struggles can be more acute for recent immigrants and those trying to secure permanent residence. Newcomers can face discrimination and precarious work conditions while scrambling to fulfil convoluted immigration requirements. According to a recent RBC report, they earn less than the general population and are more likely to reside in inadequate housing.

“Because of competition and favouritism and racism, the Canadian dream of working your way up after you get here often doesn’t happen,” said Jim Stanford, economist and director of think tank Centre for Future Work.

Source: ‘State of shock’: As Canada ramps up immigration, unsuspecting …

Border crossings from Canada into New York, Vermont and N.H. are up tenfold. Local cops want help.

More on the southern flow at the border:

On the snowy border between New York and Canada, the local sheriff’s office is calling for the U.S. Border Patrol to put more manpower behind what the locals call a growing crisis: The number of illegal border crossings in the area over the last five months is nearly 10 times what it was over the same time last year, and the border crossers are in danger of freezing to death.

From Oct. 1 to Feb. 28, about 2,000 migrants crossed the border between Canada and New Hampshire, Vermont and New York south through the forests, compared to just 200 crossings in the same period the previous year.

The migrants are mainly from Mexico, and they can travel to Canada without visas before they cross illegally into the U.S., often to reunite with their families.

Last weekend, Clinton County, New York, Sheriff David Favro’s team assisted Border Patrol in rescuing 39 migrants, some whose clothes had frozen to their bodies.

“We are seeing more and more people, and it can be a deadly terrain if you’re not familiar with it,” Favro said.

He said responding to rescues like that has taxed the resources of his department, already stretched thin to cover the residents of his rural county, population 80,000, which shares about 30 miles of border with the Canadian province of Quebec.

“The only way to really be able to cover and protect [the northern border] is boots on the ground,” Favro said.

Just last week, Customs and Border Protection added 25 agents to the area, the Swanton Sector, to deter migration. But Favro and other locals who spoke to NBC News in Mooers, New York, said that’s not enough.

Mooers Fire Chief Todd Gumlaw said he recently helped rescue two Mexican women stuck in an icy swamp in the middle of the night. Gumlaw, along with Border Patrol, local police and EMS workers, was able to render first aid and get the women to a hospital to be treated for frostbite and mild hypothermia after they lost their shoes in the swamp, he said. “Preservation of human life is first and foremost with my department. We put [immigration status] to the back of our mind,” Gumlaw said.

The Mooers/Champlain region is a clump of small blue-collar residences and farms, where, according to locals, “everyone knows everyone” and properties can be several blocks apart, adding a sense of unease among some of the locals witnessing the mass migration in the region.

According to local first responders, southbound migrants often seek shelter in empty sheds and barns to shield themselves from the cold.

April Barcomb, a Mooers resident, said she has had migrants show up at her doorstep and is now saving up for security cameras.

“It’s not something I would usually do,” she said. “But it makes me think twice. And with the kids and the family, I gotta install cameras.”

While most locals who spoke to NBC News said they understood that most migrants crossing the region aren’t threats, neighbors are keeping their eyes open for unusual activity.

“People are scared,” a Champlain County resident said. “It’s the fear of the unknown. They’re [neighbors] worried about their safety, because they don’t know these people.”

Most of the migrants are Mexicans, who are frequently blocked from crossing the southern U.S. border and believe they will have an easier time if they fly to Canada and then cross into the U.S. from the north.

According to a CBP spokesperson, the Swanton Sector has been the site of more than 67% of all migrant crossings at the northern border across all eight sectors through February.

Unlike the southern border, where over 16,000 Border Patrol agents are responsible for staffing roughly 2,000 miles, about 2,000 border agents patrol the 5,000-mile border between the U.S. and Canada, which includes Alaska’s land boundaries, making it the longest international land border in the world.

New Hampshire Gov. Chris Sununu, a Republican, asked Homeland Security Secretary Alejandro Mayorkas in a letter Tuesday to step up enforcement along his state’s 51-mile border with Canada or allow his police forces more authority to do so.

“Over the last few months, the State of New Hampshire has attempted to assist the federal government in securing our northern border. These offers of assistance have been repeatedly rejected. The Biden administration has cut funding and hindered the state’s ability to assist in patrolling the northern border,” Sununu said.

A spokesperson for CBP said the additional agents who were just sent to the Swanton Sector will help deter migration.

Source: Border crossings from Canada into New York, Vermont and N.H. are up tenfold. Local cops want help.

‘Too much, too quickly’: economists warn of Liberal ‘pro-business’ immigration policy

Great counterpoint to the simplistic and misguided arguments of the government and immigration arguments in favour of the current high levels, with Mikal Stuterud, Chris Worswick and David Green being cited extensively:

The Liberal government’s move to admit record numbers of immigrants to fill a purported “labour shortage” has prompted warnings from economists with years of experience studying immigration to Canada.

The government is selling the policy change as a way to boost economic growth and “help businesses find workers.”

But there’s no evidence, the economists said, that the plan to eventually accept a half million new residents per year will benefit the average Canadian resident—though it might help businesses looking for low-cost labour.

The higher immigration targets—along with a growth in the use of temporary foreign workers and working international students under the Liberal government—have the potential to push down wages for the lowest-paid workers in the country, many of whom are recent immigrants or refugees, they said.

Source: ‘Too much, too quickly’: economists warn of Liberal ‘pro-business’ immigration policy

Ontario colleges move to protect international students, before and after they come to Canada

Needed, but the whole system incentivizes recruitment and the funding that provides to public and private institutions and any consultants involved:

In the face of growing concerns about the treatment of international students in this country, publicly funded colleges in Ontario are bringing in a new set of rules meant to protect those coming from abroad to study.

The rules will apply to, among other things, the information and marketing given to prospective students and the training of those recruiting them.

The new standards come as international students have increasingly raised concerns over the Canadian education they’re being sold and the hard financial and employment realities they find upon arriving here.

“There was a real need for greater clarity in the information we give them at the start of the process, when they’re with us and when they leave and have to navigate work permits and all that sort of thing,” Linda Franklin, president and CEO of Colleges Ontario, told the Star.

“The motivating factor for us is making sure that our international students are well taken care of.”

The 12-page standards of practice for international education cover different areas — from program marketing and admission; to requiring recruiters to complete a recognized training program; to comprehensive orientation and post-graduation services to assist international students’ settlement.

According to the Canadian Bureau for International Education, there were 807,750 international students in Canada at all levels of study last year, up 43 per cent from five years ago. Indian students accounted for 40 per cent of the overall international enrolment, followed by Chinese students, at 12 per cent.

More than half of those international students study in Ontario and an increasing number are enrolled in provincial colleges, because their programs are generally cheaper and shorter than universities, which let the students obtain work permits — and potentially permanent residence — sooner.

A provincial government audit found international students represented 30 per cent of the total student enrolment of Ontario’s public colleges and that their tuition fees amounted to $1.7 billion and 68 per cent of Ontario public colleges’ total tuition fee revenue in 2020.

Twenty-three of the 24 members of Colleges Ontario have signed on to begin the compliance process immediately. All are expected to be compliant with the standards by June 2024 through a review process. Seneca College did not sign on because it’s going to put out something similar for both its domestic and international students, said Franklin.

There had been no rules to guide the sector in serving international students. The new protocols help set minimum industry standards and tougher enforcement guidelines.

“Some colleges are doing some things better or differently than others. It would be important to standardize that so international students had a really clear sense of what the offering was when they came to Ontario, no matter which door they chose to walk through,” Franklin said.

As the international student population grew, she said, it started to attract some unscrupulous recruitment agents who have provided misleading information to prospective students.

“So if they were being directed into programs that didn’t have as clear a labour market outcome as they wanted, that’s a problem. And it’s a problem for Ontario’s economy as well,” Franklin said. “One of the things we wanted to be sure of (was) our agents were well trained as they were representing us on the ground in India particularly, but in every other country that we operate in that students were getting clarity around the offering.”

Colleges that signed on to the standards are required to ensure their marketing materials are consistent with the law and not misleading, including “not guaranteeing any academic, immigration or employment outcome,” to help students make informed choices.

Administrators must provide accurate information about student responsibilities and student life in Ontario, including the types and cost of accommodation and work opportunities while monitoring the performance of their recruitment agents.

Under the new rules, orientation and welcoming initiatives are to be offered to international students both prior to and following arrival, including information about housing and residence options; health, safety and mental well-being; learning assistance resources; immigration pathways and processes; and post-graduation support.

An institution is required to terminate contracts with any education agent who has been involved in any “serious, deliberate or ongoing conduct that is false, misleading, deceptive or in breach of the law,” the guidelines said.

These standards also extend to private colleges in so-called Public-Private College Partnerships, or PPP, where taxpayer-funded colleges provide curriculum at a fee to private career colleges, which hire their own instructors to deliver the academic programs. Graduates from the for-profit private colleges then get a public college credential.

As of June 2021, 11 of the 24 Ontario public colleges were partnered with 12 for-profit private career colleges, with a total of more than 24,000 international students enrolled under these arrangements — up from 14,698 in 2018.

The 2021 provincial audit found that some of these partnerships did not uphold enrolment requirements and that their quality assurance and student support processes could be strengthened.

Franklin said it’s important that the private partners are part of the process and being held accountable to ensure international students are welcomed and their interests are protected and well looked after.

“There’s a lot of value propositions right now for international students to choose Canada, and we would never want to put any of that at risk by suggesting to them that we are less than any of those things,” she said.

“Our brand in the world and the continuation of our standing as a safe, welcoming, great place to be is at stake in all of this. We’re very mindful of that.”

The new rules will be incorporated this summer into the existing audit for compliance by the Ontario College Quality Assurance Services, an oversight body of credential validations and quality standards within the sector.

Source: Ontario colleges move to protect international students, before and after they come to Canada

Record-breaking number of immigration cases went through Federal Court in 2022

Result of processing times and backlogs, gumming up the system further:

Canada’s Federal Court saw more new immigration proceedings in 2022 than any of the past 30 years, which some lawyers say is a sign of an overburdened system.

Recent statistics posted to the court’s website show more than 70 per cent of its cases were tied to immigration and refugees as of late 2022.

In total, the court saw 13,487 new immigration proceedings in 2022, up from 9,761 in 2021 and 6,424 in 2020, according to the office of Chief Justice Paul Crampton.

Source: Record-breaking number of immigration cases went through Federal Court in 2022

Immigration-related programs monthly update: January 2023

The government continues to struggle to make progress on backlogs as the percentage failing to meet service standards has deteriorated slightly: temporary residence 53 percent, permanent residence 56 percent and citizenship 27 percent. The backlog of visitor visas remains high at 70 percent (January 31 data).

Most  programs show a seasonal increase following the Christmas holiday slowdown with the exception of students, asylum claimants (but irregular arrivals continued to increase) and visitor visas.

Of particular note is the dramatic increase in TR2PR transitions; after trending downwards in 2022, the number increased six-fold, accounting for more than 60 percent of all PRs.