New Ombud for Immigration Fairness

Summary#

This bill creates an independent Office of the Ombud for the federal Department of Citizenship and Immigration (IRCC). The Ombud would review IRCC policies and cases for fairness and bias (including systemic racism), investigate complaints, and make recommendations to the Minister. The Minister must respond to the Ombud’s recommendations, and the Ombud must report to Parliament each year. The Act would take effect 180 days after Royal Assent.

• Creates a new federal watchdog with the rank and powers of a deputy head, appointed for a 7-year term (reappointment once) after multi‑party consultation and approval by both Houses (Appointment, s. 4(1)-(4)).
• Allows any person to file a complaint about unfairness, bias, racism, or discrimination in IRCC’s administration; Ombud can also start investigations on their own or at the Minister’s request (Complaints; Investigations).
• Grants powers to compel documents and testimony, make findings, and issue recommendations; does not give power to overturn IRCC decisions (Powers; Reports).
• Requires the Minister to state actions taken or reasons for not following recommendations, within a deadline set by the Ombud (Ministerial response).
• Makes obstruction or knowingly giving false or misleading statements to the Ombud an offence, with a fine up to $2,000 on summary conviction (Offences).
• Adds the Office to Access to Information, Privacy, and financial administration statutes; requires annual and special reports to Parliament and publication online (Consequential Amendments; Reports to Parliament).

What it means for you#

• Households and applicants (citizenship, permanent residence, refugees, temporary residents)

  • You may file a complaint if you believe IRCC treated you with unfairness, bias, racism, or discrimination (including systemic) (Complaints).
  • The Ombud can investigate your complaint, ask IRCC for records, and interview people under oath. The Ombud can recommend fixes but cannot change or overturn your IRCC decision (Powers; Reports).
  • The Ombud may refuse or stop an investigation if you have not used other available remedies, if another process is more appropriate, if the matter was already dealt with, or if it is frivolous or impracticable (Refusal grounds).
  • Time limits for filing complaints and for investigations will be set by regulation later (Regulations).
  • Your complaint and related information will be handled by an office subject to the Access to Information Act and Privacy Act, but the Ombud may disclose information they consider necessary for an investigation or for law enforcement (Privacy; Disclosure).

• Immigration lawyers, consultants, and representatives

  • You and your clients can use the Ombud process alongside, or after, other remedies. The Ombud may decline matters better handled by tribunals, the courts, or other statutory processes (Refusal grounds).
  • You and your staff can be summoned to provide information or documents and to give evidence under oath. Knowingly obstructing the Ombud or making false or misleading statements can lead to a fine up to $2,000 on summary conviction (Powers; Offences).

• IRCC employees and contractors

  • You can be required to provide records and testimony. The Ombud’s Office can copy documents and must return originals on request within 10 days, though they can require them again (Powers; Return of documents).
  • Protection applies for good-faith work with the Ombud (no civil/criminal liability; defamation protections). Obstruction or false statements remain offences (Protections; Offences).

• Minister and department leadership

  • You must respond to each Ombud recommendation within the time the Ombud sets, stating actions taken or reasons for not following a recommendation (Ministerial response).
  • The Ombud cannot access Cabinet confidences (Privy Council confidences) (Access limits).

• General public and Parliament

  • You will see annual and special reports on complaint trends, investigations, identified problems, and recommendations. Reports must be tabled in both Houses and posted online within 30 days of tabling (Reports to Parliament; Publication).
  • The law must be reviewed by a parliamentary committee every 5 years after coming into force (Legislative review).

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note or published cost estimate identified. Data unavailable.
• The bill does not include an appropriation or budget amount. It creates a new office headed by an Ombud with remuneration set by the Governor in Council; the Ombud may hire staff under the Public Service Employment Act and retain technical experts with Treasury Board–approved compensation (Remuneration; Employees; Technical assistance).
• Operating requirements include a head office in the National Capital Region; annual and special reporting; and compliance with Access to Information and Privacy Acts (Head office; Reports; Consequential Amendments).
• Potential revenues from offences are minimal; fines are capped at $2,000 per offence (Offences).

Proponents' View#

• Improves fairness and addresses systemic racism and discrimination in IRCC by reviewing policies, training, and processing standards, and by investigating individual and systemic complaints (Mandate; Duties).
• Strengthens accountability: the Minister must explain actions taken or reasons for not following each recommendation, within a deadline set by the Ombud (Ministerial response).
• Enhances transparency through annual and special public reports to Parliament that summarize complaints, investigations, identified problems, and recommendations (Reports to Parliament).
• Ensures independence and stability with a 7‑year term (renewable once), multi‑party consultation, and approval by both Houses; the Ombud has the rank and powers of a deputy head and cannot hold other employment (Appointment; Tenure; Rank and powers).
• Enables thorough investigations with powers to compel evidence, administer oaths, and obtain documents, while tracking complaint trends to spot systemic issues (Powers; Monitoring trends).

Opponents' View#

• Cost is undefined. The bill creates a new office with leadership, staff, and expert contracts but provides no fiscal estimate or cap, creating budget uncertainty (Remuneration; Employees; Technical assistance).
• Limited remedies. The Ombud can only make recommendations and cannot overturn IRCC decisions or award individual relief, which may leave complainants without a direct remedy (Reports; Mandate).
• Possible duplication with existing channels (e.g., internal IRCC complaints, human rights bodies, tribunals, judicial review). While the Ombud can refuse matters better handled elsewhere, overlap risks remain (Refusal grounds).
• Enforcement may be weak. The maximum fine of $2,000 for obstruction or false statements may not deter non‑cooperation in complex cases (Offences).
• Access limits could hinder full review of policy choices; the Ombud cannot access Cabinet confidences (Access limits).
• Key process details, including complaint and investigation timelines, are left to regulations, creating uncertainty on service standards until regulations are made (Regulations).