New Immigration Ombud to Tackle Fairness

Summary#

This bill creates a new, independent Office of the Ombud for the Department of Citizenship and Immigration (IRCC). The Ombud will review policies and decisions for fairness and bias, take complaints, investigate patterns, and make recommendations to the Minister. The Office will publish annual and special reports to Parliament. The Act takes effect 180 days after Royal Assent.

• Creates an Ombud with a 7-year term, reappointable once, with the rank and powers of a deputy head (Appointment; Tenure; Rank and powers).
• Allows anyone to file a complaint about unfairness, bias, racism, or discrimination in IRCC decisions or actions; Ombud can also start investigations (Complaints; Investigation).
• Gives the Ombud power to summon witnesses, require documents, and make copies; sets offences for obstruction or false statements (Powers of Ombud; Offences).
• Requires the Minister to respond to Ombud recommendations and explain any refusal (Report and Minister’s response).
• Publishes annual and special reports to Parliament and the public (Reports to Parliament; Publication).
• Adds the Office under federal transparency, privacy, and financial administration laws (Access to Information Act; Privacy Act; Financial Administration Act).
• Comes into force 180 days after Royal Assent (Coming into Force).

What it means for you#

• Households and service users (immigration and citizenship applicants, sponsors, refugees)

  • You may file a complaint if you believe IRCC treated you unfairly or with bias or discrimination, including systemic issues (Complaints).
  • The Ombud can refuse or stop an investigation if other remedies are available and not yet used, if the case is frivolous, or if it was already handled elsewhere (Right to refuse or cease investigation).
  • The Ombud cannot review matters that occurred before the Office exists, unless the Minister asks (Limitation on authority).
  • The Ombud can ask you or others for documents or testimony under oath; making false statements is an offence with a fine up to $2,000 (Powers of Ombud; Offences).
  • The Ombud may disclose information if needed for an investigation or for enforcing a federal or provincial law (Disclosure authorized).
  • Outcomes are recommendations to the Minister, not binding orders. The Minister must say what actions will be taken or why not (Report and Minister’s response).
  • Time limits for complaints and investigations will be set by regulation later (Regulations).

• Workers at IRCC

  • You may be summoned to provide information and documents; you must not obstruct the Ombud or make false statements (Powers of Ombud; Offences).
  • The Ombud will review policies, training, and processing standards to identify fairness and equity issues, including systemic racism (Mandate; Duties and functions).
  • Statements made in good faith during an investigation have defamation protections; actions done in good faith under the Act have civil/criminal liability protections (Protection of Ombud; Defamation).

• Immigration lawyers, consultants, and employers who sponsor workers

  • You can submit complaints on behalf of clients or your organization’s experience with IRCC (Complaints).
  • You may receive information requests or summons for documents or testimony (Powers of Ombud).
  • No fees are set in the bill. Data unavailable.

• Local governments and NGOs serving newcomers

  • You can share patterns of complaints and systemic issues; the Ombud is tasked with monitoring trends (Duties and functions).
  • You may be consulted or asked for information during investigations (Powers of Ombud).

• Public and Parliament

  • Annual reports will summarize complaints, investigations, issues found, and recommendations within 3 months after each fiscal year; special reports may be issued for urgent matters (Reports to Parliament).
  • Reports will be posted online within 30 days after tabling (Publication).
  • The Office is subject to the Access to Information Act and the Privacy Act, allowing information requests and setting privacy rules (Consequential Amendments).

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note or cost estimate is provided. Data unavailable.
• The bill creates a new Office with:
  • Ombud remuneration set by the Governor in Council (Remuneration and expenses).
  • Employees appointed under the Public Service Employment Act, with public service pension coverage (Employees; Superannuation).
  • Authority to hire temporary technical experts, with Treasury Board–approved pay (Technical assistance).
  • A head office in the National Capital Region (Head office).
• The Office is added under the Financial Administration Act, indicating it will operate within federal financial rules and appropriations (Financial Administration Act amendments).
• IRCC will incur costs to respond to investigations and implement any accepted recommendations. Data unavailable.
• No taxes, fees, or fines are created other than a summary-conviction fine up to $2,000 for obstruction or false statements (Offences).

Proponents' View#

• Improves fairness and addresses systemic racism by mandating reviews of policies, training, and processing standards, and by investigating individual and systemic complaints (Mandate; Duties and functions).
• Independent oversight: multi-party consultation and approval for appointment, a 7-year term, deputy-head status, and protection from interference build credibility (Appointment; Tenure; Rank and powers).
• Real investigative tools: power to summon witnesses, require records, and start own-motion probes enables thorough reviews (Powers of Ombud).
• Transparency and accountability: annual and special reports to Parliament, public posting, and a requirement that the Minister respond to recommendations (Reports to Parliament; Publication; Minister’s response).
• Avoids duplication: the Ombud can decline cases better handled by courts or other statutory processes, focusing resources where most useful (Right to refuse or cease investigation).
• Bilingual service: adding the Ombud under the Language Skills Act signals language requirements for the role, supporting service in both official languages (Language Skills Act amendment).

Opponents' View#

• New bureaucracy without cost estimate: creates a stand‑alone office, staff, and operations with unknown ongoing costs; no fiscal cap or budget in the bill (Financial Administration Act amendments; Data unavailable).
• Limited enforcement: the Ombud can only recommend; the Minister may decline and need only provide reasons, which may limit real change (Minister’s response).
• Low penalties: obstruction or false statements carry fines up to $2,000, which may not deter non‑compliance by institutions or senior officials (Offences).
• Overlap and delay: many IRCC issues already have channels (internal reviews, courts, human rights bodies). The Ombud may refuse cases until other remedies are tried, adding another step and possible delays (Right to refuse or cease investigation).
• Scope limits: cannot access Cabinet confidences and generally cannot review pre‑establishment matters, which may hinder examination of long‑standing systemic issues (No right of access; Limitation on authority).
• Uncertain timelines: complaint and investigation deadlines are left to future regulations, creating risk of backlog or uneven service standards until set (Regulations).