Bill C-31 - What it means

Bill C-31 has relatively little to say about family reunification, since most of the relevant provisions are left to the Regulations. The government did however announce a number of measures relating to family reunification. It would be good to see the measures that promote family reunification incorporated into the Act.

• The bill includes among its objectives "to see that families are reunited" (S. 3(1)(d); there is a similar objective with respect to refugees). In the current Act, the equivalent objective (S. 3(c)) refers to family reunion "in Canada". These words could be important, as otherwise immigration officials could argue that admitting someone to Canada would be contrary to the objectives of the Act, if the person has family members abroad.

 
• The bill simplifies procedures for the government to collect on money owed in relation to a sponsorship undertaking (S. 139-141). Thus if a person sponsors a family member who receives social assistance while under sponsorship, the sponsor can become liable for the amount and can have her or his wages garnisheed.

 
• Dependants of refugees already landed in Canada will have a one year window of opportunity to be processed as part of the permanent resident's application (proposal for Regulations). This will promote family reunification and mean that family members of refugees will not need to be sponsored under the family class or demonstrate their own refugee claim.

 
• The government proposes to prevent people on social assistance from sponsoring family members, including spouses and minor children. (Currently, spouse and children are the only family members that can be sponsored by a person on social assistance). The proposed bar represents a denial of the rights of family unity on the basis of economic status.

 
• The government proposes to create an in-Canada landing class for sponsored spouses and partners. This promotes speedy family reunification, allowing families to be together in Canada while awaiting immigration processing. However, where the spouse cannot travel to Canada because they need a visa (as is the case for many refugees), this measure cannot be taken advantage of. The CCR urges that spouses and children of recognized refugees in Canada be given the right to travel to Canada for processing here.

 
• The length of the sponsorship requirement is to be reduced from 10 years to 3 years for spouses and same sex/common law partners. This is a very positive step towards ensuring newcomers' access to rights and services and towards reducing the relationship of dependency created by sponsorship, with all the associated dangers of conjugal violence. For the same reasons, the reduction should also apply to sponsorships of fiancé-e-s and children.