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

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.

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)

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.

Proactive Disclosure

Bill C-58

Received Royal Assent on June 21, 2019.

All federal departments are now required to publish new materials online

Departments must also proactively publish other components according to new timelines

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

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:

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:

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?

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?

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.

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:

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