43rd Parliament223Government response tabledJuly 20, 2020e-2429e-2429 (Citizenship and immigration)JohanneBoivin DrapeauXavierBarsalou-DuvalPierre-Boucher—Les Patriotes—VerchèresBloc QuébécoisQCFebruary 18, 2020, at 11:56 p.m. (EDT)April 18, 2020, at 11:56 p.m. (EDT)May 20, 2020July 20, 2020April 21, 2020Petition to the <Addressee type="4" affiliationId="253396" mp-riding-display="1">Minister of Immigration, Refugees and Citizenship </Addressee>Whereas: Our immigration system needs a federal ombudsman who would help improve quality and who would bring transparency to the services provided to citizens; Action is required in many situations to prevent and address the errors and injustices experienced by Canadian citizens and permanent residents who use the services of Immigration Canada; Citizens have the right to be protected if they believe that one of their rights has not been respected and if they believe the Department of Immigration made an error or committed an injustice; Discussion and settlement by mutual agreement must be the preferred methods when parties interact with each other; Citizens have the right to obtain services and responses in a reasonable time frame; Citizens have the right be treated with respect, objectivity and fairness by government employees; andSponsors have the right to be heard. We, the undersigned, Canadian citizens and permanent residents with family members abroad, call upon the Minister of Immigration, Refugees and Citizenship to ensure that an office of a federal ombudsman is created to address the many shortcomings of the immigration system and to ensure (i) that the ombudsman works to improve the quality of citizenship and immigration services provided to public by providing individual assistance and recommendations to improve how immigration benefits are managed, (ii) that it also be possible to make recommendations to both the federal and provincial governments, (iii) that the federal ombudsman be given the authority to receive complaints and conduct investigations to address errors and injustices.
Response by the Minister of Immigration, Refugees and CitizenshipSigned by (Minister or Parliamentary Secretary): The Honourable Marco MendicinoThe Government’s ability to provide quality, timely and efficient service is central to ensuring a high-performing immigration system that maintains the confidence of Canadians and is reflective of the Government’s goal to continue welcoming those who want to contribute to the future of Canada.Immigration, Refugees and Citizenship Canada (IRCC) is a service-focused Department that operates a vast service delivery network, interacting with millions of clients in Canada and across the globe every year, including applicants for electronic travel authorizations, visas, permanent residence, asylum and resettlement, citizenship and passports, as well as Canadian sponsors, employers and schools, amongst others.IRCC staff must abide by our Departmental Code of Conduct, including all elements of the Values and Ethics Code for the Public Sector. Values and ethics are at the heart of IRCC decisions. Officers abide by high ethical standards and have the delegated authority to assess and make positive and negative decisions which take into account legislative and regulatory provisions related to eligibility and admissibility. Functioning within the legislative framework of the Immigration and Refugee Protection Act (IRPA), the Department is bound to principles of procedural fairness.In addition to training in the processing of applications in various categories, such as the Family Class, officers also receive broader training in legal and other principles applicable to all cases. This training includes, but is not limited to, cross-cultural sensitivity; interviews; working with interpreters; values and ethics; code of conduct; exceptional circumstances: use of humanitarian and compassionate consideration (the discretionary provision of section 25 of IRPA permitting exemptions justified on humanitarian and compassionate considerations); and temporary resident permits. An example is the training module on Procedural Fairness and the Act which outlines the requirements of administrative law principles of procedural fairness and the Government’s human rights obligations. Where an application is refused, the Department issues refusal letters which identify which legislative or regulatory requirement(s) have not been met. There are mechanisms in place for applicants who disagree with a decision. Applicants for temporary residence may opt to reapply if they have new information to provide or if their situation has changed such that it would address the issue with their initial application. In permanent residence streams, sponsors in the Family Class may generally appeal a refusal of their relative’s permanent residence application to the Immigration Appeal Division at the Immigration and Refugee Board. In addition, under Canadian immigration, citizenship and passport law, applicants have recourse to the Federal Court to seek judicial review or judicial review with leave and writ of mandamus to compel the Department to render a decision. Applicants may also file a complaint with the Canadian Human Rights Commission.Different mechanisms are in place to monitor work performance and quality of decisions, including periodic employee performance evaluations and quality assurance exercises. Performance audits may also be conducted by the Office of the Auditor General of Canada to assess how well activities, responsibilities and resources are being managed.In recent years, coordinated efforts to increase levels space through the Multi-Year Levels Plan, invest in technology, take on a transformation agenda, and re-engineer existing processes have resulted in: the Express Entry application system for economic immigration; reduced inventories and faster processing times for spousal and citizenship grant applications; and, increased availability of electronic application forms and online tools to check application processing times and access case status information. The Department’s transformation work is modernizing and optimizing the way work is done with a more nimble, digital and client-focused system – this is done by transforming the Department’s services, information management and information technology infrastructure and how work is done. This includes careful reviews of internal processes, including implementing Agile project management methodology and Lean business processes which contribute to positive client service outcomes, for example by reducing time required to process applications. The modernization of IRCC’s technology would also bring client service improvements, security enhancements and strengthen program integrity.As immigration is a shared federal, provincial and territorial responsibility, the Department has strong relationships with provincial and territorial governments on immigration and settlement, including on matters of processing and client engagement.The Department is also working to implement the College of Immigration and Citizenship Consultants, where its Act received Royal Assent as part of Bill C-97 in spring 2019. The anticipated College will regulate immigration and citizenship consultants in the public interest and protect the public, including by establishing and administering qualification standards and standards of practice for consultants, ensuring compliance with the code of professional conduct, and undertaking public awareness activities.Even with these significant modernization gains, the Government acknowledges that clients are also concerned about how we engage with them over the course of their wait time. The Department’s services touch on very important decisions and milestones in people’s lives, and it is imperative they are delivered in a way that reflects the very best of what Canada has to offer.In 2017, the Government mandated the Department to work on reducing processing times and to improve its service to clients. Service excellence is a key tenet of the new client service approach implemented at the Client Support Centre in January 2017. The Client Support Centre provides personalized client support for clients seeking immigration information, case status, technical support and other services. Since 2017, the Department has focused on improving client service through a better understanding of client needs. Application and admission volumes have increased in recent years, and so have the number of client support enquiries received at the Client Support Centre. The Department has hired more Client Support Centre staff through Budget 2019 investments to meet commitments made to the Office of the Auditor General’s May 2019 report on call centres and the Department’s public service standards, published in December 2019.
Government servicesImmigration and immigrantsOmbudsman