Department of Citizenship and Immigration Ombud Act

This bill creates a new independent watchdog office, the Office of the Ombud for the Department of Citizenship and Immigration, to oversee how that department handles citizenship and immigration matters. The Ombud would be appointed by the Governor in Council for a seven-year term, with Senate and House approval after consultation with party leaders, and could be reappointed once. The Ombud holds the rank of a deputy head, must be a Canadian citizen or permanent resident, and works full-time in the role with no other job.

The Ombud's main job is to check whether the department's policies, programs, training and decision-making are fair, unbiased and free of discrimination, including systemic racism. Anyone who believes they were treated unfairly by the department can file a complaint, and the Ombud can also launch investigations on their own initiative or at the minister's request. The Ombud has significant investigative powers, including summoning witnesses, compelling testimony and evidence, and demanding documents, though the Ombud cannot access confidential Cabinet information and cannot investigate matters from before the office existed unless asked to by the minister. People who obstruct the Ombud or knowingly provide false information can face a fine of up to $2,000. The Ombud and their staff are protected from lawsuits for actions taken in good faith while doing this work.

After investigations, the Ombud reports findings and recommendations to the minister and, for complaint-based investigations, to the complainant; the minister must respond explaining what actions were taken or why recommendations weren't followed. The Ombud must also produce an annual public report to Parliament, plus special reports when urgent issues arise, and Parliament must review how the law is working every five years. Finally, the bill makes small related changes to other laws (such as the Access to Information Act, Privacy Act, and Public Service Superannuation Act) simply to formally list this new office among other federal government bodies, and the law would take effect 180 days after receiving royal assent.

This bill creates the Office of the Ombud for the Department of Citizenship and Immigration, appointed by the Governor in Council (Cabinet), with powers to investigate complaints and compel evidence and documents from the Department.

• Appointment and tenure — the Ombud is appointed by the Governor in Council after consultation with Senate and House party leaders and approval by resolution of both Houses, holds office for a seven-year term removable only for cause on address of both Houses, and may be reappointed once.
• Investigative powers — under section 13, the Ombud may summon and compel any person to give oral or written evidence under oath, require production of documents or things, and make copies of what is produced; refusal to comply or obstruction is an offence.
• Discretion to refuse or limit investigations — the Ombud may decline or stop an investigation on grounds including that a complaint is frivolous, vexatious, made in bad faith, or better handled under another Act, and may issue guidelines on this that are exempt from the Statutory Instruments Act (not subject to the usual regulatory review process).
• Legal protections — the Ombud and staff are immune from civil and criminal proceedings and defamation actions for acts done in good faith, and cannot be compelled to testify about matters arising from their duties except in prosecutions under this Act.
• Penalties — obstructing the Ombud or knowingly making false or misleading statements to the Ombud is an offence punishable on summary conviction by a fine of up to $2,000.
• Rule-making left to Cabinet — the Governor in Council may make regulations on the Office's management and on time limits for complaints, investigations, and reports, details not fixed in the Act itself.
• Oversight — the Ombud must report annually and may issue special reports, both tabled in Parliament and published within 30 days; a parliamentary committee must review the Act's operation every five years, but the Minister is only required to respond to recommendations, not to act on them, and the Ombud cannot review matters predating the Office's creation unless the Minister requests it.