IRCC Minister Transition Binder 2019: Logistics and Reference Information

Overview

This presentation will provide you with logistical and reference information to assist you with gaining a high-level understanding of key corporate services and responsibilities:

• Security Safeguards in Place for your Safety: Practices and protocols
• Corporate Secretariat: Services available to you and your office
• Access to Information and Privacy: Overview of the Acts and recent statistics
• Proactive Disclosure: New requirements and progress to date
• Legislative Authorities: Acts and instruments under your mandate
• Financial Authorities: Delegation of Spending and Financial Authorities requirements
• Governor in Council Appointments: Roles and Responsibilities

Security - Safeguards in Place for your Safety

IRCC Corporate Security and the RCMP

There are a number of security protocols in place to ensure your security. An in-person briefing on these measures will be held soon after your arrival.

IRCC Corporate Security coordinates with the Royal Canadian Mounted Police (RCMP) Protective Services on security matters. This requires sharing your agenda and travel schedule with IRCC Corporate Security in a timely manner.

• Threat and Risk Assessments (TRAs) are conducted by the RCMP in collaboration with law enforcement agencies, on your behalf, in regards to all domestic and international activities and public invitations.
• TRAs of your residence(s) are conducted by IRCC Corporate Security within the first 90 days of you taking office.
• A TRA of your Constituency Office is also completed in collaboration with the House of Commons Security.
• Classified information addressed to you, including special access documents, are received, distributed and accounted for by IRCC Corporate Security.
• IRCC Corporate Security will provide security awareness sessions for your staff on request.

Corporate Secretariat

Key services available to you via the Corporate Secretariat include:

Parliamentary Affairs

Our team provides you and your office with strategic advice on committee appearances, debates, the legislative process, tabling information in Parliament, as well as other parliamentary processes.

Briefings Unit

Our team coordinates, reviews and prepares all briefing materials provided to you by the Department. This includes memoranda for your information, decision, approval, as well as briefing binders to support you for meetings, events, trips, and standing committee appearances.

Ministerial Enquiries Division

Our team receives, triages and processes correspondence addressed to you. Responses for your consideration are drafted in close collaboration with key areas of expertise throughout the Department.

Access to Information and Privacy (ATIP)

• IRCC receives over 60%of all Government of Canada Access to Information requests
• 23% increase in requests in 2018/19 from 2017/18
• 150% growth in requests over last 5 years

Access to Information Act

Provides access to corporate records, e.g., memoranda, briefing notes, reports, etc.

Privacy Act

Provides individuals access to their own personal information.

• Both Acts are subject to limitations in terms of information that may be disclosed.
• The Information Commissioner and the Privacy Commissioner are responsible for overseeing compliance with the Acts.
• The growth in the number of Access to Information and Privacy requests submitted to IRCC over the past several years has been unprecedented and we expect that this growth will continue.

Proactive Disclosure

Bill C-58

Received Royal Assent on June 21, 2019.

All federal departments are now required to publish new materials online

• Titles of briefing notes and memoranda to Ministers and Deputy Ministers (monthly)
• All Question Period notes prepared for Ministers (30 days after the last sitting day in June and December)
• Transition and parliamentary committee appearance binders prepared for Ministers and Deputy Ministers (120 days after appointment/appearance)

Departments must also proactively publish other components according to new timelines

• Disclosure of travel and hospitality expenses must now be published on a monthly basis for all Minister’s Office staff and senior management of the Department
• Annual report of all expenses incurred by a Minister’s Office must now be published within 120 days after fiscal year end

Names and titles of Ministerial staff are no longer considered personal information and will now be disclosed through access to information requests

Proactive Disclosure: Accomplishments

• The following already meet new proactive disclosure requirements:
  • Contracts
  • Position reclassifications
  • Grant and contribution awards
  • Information on founded wrongdoings
  • Minister’s Office annual expenditures
• We have successfully published briefing note and memoranda titles since June 2019.
• We are also well underway in meeting publication requirements for the Deputy Minister’s transition binder, as well as the material provided for your transition.
• Travel and hospitality expenses for your office will be disclosed every month. This was previously done on a quarterly basis.

Legislative Authorities

IRCC’s Legal Framework

Immigration, citizenship and passport decision-making authorities are established in a number of federal Acts, Regulations and Orders-in-Council, including:

• The Immigration and Refugee Protection Act (IRPA) and its Regulations
• The Citizenship Act and its Regulations
• The Department of Citizenship and Immigration Act
• Canadian Passport Order
• Diplomatic and Special Passports Order

For immigration and citizenship matters, other than decisions that only you are authorized to make, the Instruments of Designation and Delegation (IDD) further specify which officials (position, level) can exercise each of the authorities. For authorities that you have delegated, you retain the authority to make the decision unless the delegated decision maker is seized with the matter. You cannot exercise an authority that is designated.

For passport decisions, appropriate level officials may exercise your authorities in your place (devolution principle).

The Instruments of Designation and Delegation are instruments which you approve, and the choice of authorized decision-maker is generally based on the:

• Anticipated number of decisions;
• Need for consistency;
• Consequences related to the powers exercised; and
• Complexity of and sensitivities around the type of decision.

Who are the key players under the Immigration and Refugee Protection Act?

Minister of Immigration, Refugees and Citizenship

You are generally responsible for the administration of the Immigration and Refugee Protection Act, notably as it relates to refugees and the selection of temporary and permanent residents. Most of the decisions in these areas are made by designated officers or delegated officials in the Department.

There are certain decisions that are required to be made by you personally and cannot be delegated: i) the signing of security certificates jointly with the Public Safety Minister and ii) a declaration that prevents a foreign national from becoming a temporary resident on public policy grounds. Other authorities, such as the issuance of Public Policies to exempt a defined group of individuals from certain legislative requirements, or the issuance of Ministerial Instructions to create pilot economic classes have not been delegated and—unless they are delegated—must be exercised by you.

Minister of Public Safety and Emergency Preparedness

Generally responsible for enforcement matters, in particular port of entry examinations, policies on serious inadmissibilities (security, war crimes, and organized crime), security-related passport prohibitions and the granting of relief in relation to these inadmissibilities, detention and removals.

Minister of Employment and Social Development 

Responsible for certain provisions regarding temporary foreign workers.

Minister of Justice

Responsible for matters relating to special advocates, who play a role in the security certificate process.

Immigration and Refugee Board

Responsible for adjudicating and making decisions on inland refugee claims that are referred to it by IRCC, and, for certain cases, making removal decisions and providing for an administrative appeal process.

Did you know?

• Any decision made under IRPAcan be challenged by way of leave and judicial review application to the Federal Court.
• The Federal Court can also issue a stay of removal pending the outcome of the legal challenge.

Who are the key players under the Citizenship Act?

Minister of Immigration, Refugees and Citizenship

Most decision-making authorities in the Citizenship Act are under your responsibility, such as for issuance of certificates of proof of citizenship, grants of citizenship and waivers of certain requirements for such grants.

Citizenship Judges (Governor in Council appointees)

Have the authority to decide on whether persons seeking a grant of citizenship meet the residency requirement in cases of doubt.

Federal Court

For revocations of citizenship on grounds of fraud and misrepresentation, the Federal Court is the decision-maker unless the person requests that you, as Minister, decide. You have delegated this authority to officials.

Did you know?

• As Minister, you would ordinarily delegate all of your powers to various officials in the Department, who are guided by departmental policies and operational guidelines in making their decisions.

Who are the key players under the Canadian Passport Order?

Minister of Immigration, Refugees and Citizenship

Most decision-making authorities in the Canadian Passport Order are given to yourself as Minister of IRCC, such as the issuance, refusal, revocation or cancellation of a passport.

IRCC Officials

Given that there is no written delegation instrument, officials in appropriate positions may exercise your powers set out in the Order (devolution principle). The officials are guided by departmental policies and operational guidelines in making their decisions.

Employment and Social Development Canada (Service Canada) and Global Affairs Canada Officials

Under the Order, you have assigned passport service delivery functions to Employment and Social Development Canada and Global Affairs Canada Ministers. These Ministers determine which officials will provide these services within their departments. 

Minister of Public Safety and Emergency Preparedness

Your colleague is responsible for the refusal, revocation or cancellation of a passport in cases of terrorism or national security.

Financial Authorities - Immediate Requirements

As per the Treasury Board Directive on Delegation of Spending and Financial Authorities requirements, you will be asked to approve the Departmental Delegation of Spending and Financial Authorities Instrument within 90 calendar days of your appointment.

• The appointment of a new Minister does not nullify existing authorities.
• Responsibility for the budgetary control and spending of public money is placed on Ministers and Deputy Ministers by Parliament through Appropriation Acts, the Financial Administration Act, and Financial Administration Act Regulations.
• All expenditures incurred for the Department must be approved in accordance with the Financial Administration Act.

Governor in Council Appointments - Appointment Requirements

An open, transparent and merit-based selection process for Governor in Council appointments was established in February 2016.

The process supports Ministers in making appointment recommendations of high-quality candidates who reflect Canada’s diversity for positions within their portfolio.

As a Member of the Queen’s Privy Council of Canada and responsible Minister, you will be asked to recommend to Cabinet Governor in Council appointments for two organizations under your portfolio:

• The Immigration and Refugee Board; and,
• Citizenship Judges.