The Departmental Results Report (2018–2019), stated that a total of 7,414 full-time equivalent employees are currently employed with IRCC.[2] The same report states that IRCC plans to have 7,378 full-time equivalent employees in 2019–2020 and 7304 in 2020–2021.
Immigration, Refugees and Citizenship Canada's mandate is specified in the Department of Citizenship and Immigration Act.[5] The Minister of IRCC administers the Citizenship Act of 1977 and its subsequent amendments. The Minister of IRCC works closely with the Minister of Public Safety in relation to the administration of the Immigration and Refugee Protection Act.[6]
IRCC, together with its partners, has the responsibility of conducting "the screening of potential permanent and temporary residents to protect the health, safety and security of Canadians."[7] The issuance and control of Canadian passports and other travel documents that facilitate the travel of Canadian citizens, permanent residents and protected persons is also under the responsibility of IRCC.[7]
In collaboration with its partners," IRCC will continue to work to build a "stronger Canada" in promoting programs and services geared towards helping newcomers to successfully integrate and fully live the Canadian way of life, maximizing their abilities to help build better communities. Instill in them the values, duties and responsibilities as new Canadians without prejudice regardless of their race and religious beliefs. It also aims to advance in terms of its immigration and humanitarian activities and policies.[6]
The objective of IRCC is to be instrumental in helping build a stronger Canada through immigration which aims to continue its humanitarian efforts that is known all over the world. The vision is to solidify the goal of creating a stable economic agenda as well as its social and cultural landscape.[6]
Prior to the establishment of the Naturalization Act of 1947, persons who were born in Canada, as well as those who were naturalized Canadians regardless of their country of origin, were all categorized as British subjects.[8] Therefore, during these times, "citizen" and "citizenship" referred to people living in Canada rather than those in possession of Canadian citizenship status.
When the Citizenship Act was put in place, it formalized the sense of nationalism and Canadian identity to its citizenry.[9] Under the British North America Act of 1867, immigration responsibilities were shared by the federal government and provincial/territorial governments and commissions.[10]
Chronology of Canadian immigration and citizenship departments
By 1950, immigration administration was shifted to this federal department from the Department of Citizenship and Colonization.
Department of Citizenship and Immigration
1950 to 1966
During and after the Second World War, some federal agencies were sharing the same duties and responsibilities for immigration policy enforcement and administration.[10] These were the Ministry of Mines and Resources from 1936 to 1949, the Department of Citizenship and Immigration from 1950 to 1966 and 1977 up to present, the Department of Manpower and Immigration from 1966 to 1977, and the Canada Employment and Immigration Commission which was created in 1977.[10]
All immigration responsibilities were put under this federal department, which was also under the umbrella of Department of State for Citizenship and remained so until 1991.[10]
Department of State for Citizenship
1966 to 1991
The department was administering the Department of Manpower and Immigration until 1991. Both entities have responsibilities to govern immigration policy making.
Department of Citizenship and Immigration (legal title);
Citizenship and Immigration Canada (applied title)
1994 to 2015
Department of Citizenship and Immigration (legal title);
Immigration, Refugees and Citizenship Canada (applied title)
2015 to present
The purpose of adding the term "refugees" to the applied title of the department is to reflect the efforts of the Government of Canada to respond to current refugee issues across the globe.[13][14]
Immigration and citizenship legislation are laws that set standards, policies and practices in accordance with the Citizenship Act.[16] The following is the chronology of Canadian immigration and citizenship laws.
Chronology of Canadian immigration and citizenship laws[8]
Act
Year
Description
Naturalization Act
May 22, 1868 – December 22, 31, 1946
All Canadians born inside and outside Canada, were subject to the crown or "British Subjects."
Canadian Citizenship Act
January 1, 1947
This Act legitimized and acknowledged Canadian citizenship
Citizenship Act
February 15, 1977
This Act recognized dual citizenship and abolished "special treatment" to the British subjects
An Act to amend the Citizenship Act (Bill C-14)
December 23, 2007
An Act which provided that adopted children will automatically acquire Canadian citizenship without going through the application for permanent resident stage
An Act to amend the Citizenship Act (Bill C-37)
April 17, 2009
An Act intended to limit the citizenship privilege to first-generation only and gave the opportunity to Canadian citizens to re-acquire their citizenship, hence, repealing provisions from former legislation
Strengthening the Canadian Citizenship Act (Bill C-24).
Royal Assent: June 19, 2014;
Came into force: June 11, 2015
"The Act contains a range of legislative amendments to further improve the citizenship program."
An Act to amend the Citizenship Act (Bill C-6)
June 19, 2017 (Royal Assent);
October 11, 2017 (Came into force)
This Act will give "stateless" person an opportunity to be granted with Canadian citizenship which "statelessness" is considered as a legal ground for granting such privilege. This is only one of the many changes included in this new amendment of the Citizenship Act.[17]
Facilities
IRCC operates a large network of "Citizenship and Immigration Centres" throughout Canada such as Case Processing Centres (CPCs), Centralized Intake Offices (CIOs), and Operations Support Centres (OPCs), as well as an important number of embassies, high commissions, and consulates abroad.[18]
Focuses on the processing of temporary resident visas, from extension of the date of expiration, student visas to applications for permanent residency of protected persons, refugees, live-in caregivers, and workers under the "Caring for Children and Caring for People with High Medical Needs" program and also, processes fees for the right of the permanent residence.
Mississauga, Ontario
Accepts all applications for the family sponsorship program, both inside and outside of Canada.
Ottawa, Ontario
Responsible for processing visitor visas inside Canada only and restricted to temporary foreign workers and student visas only which meet valid status requirements. CPC-O processes applications for permanent residents within Canada and from the United States of America that satisfactorily meet requirements according to the standard procedures set by the case processing centre in Mississauga and the intake office in Sydney.
Case Processing Centre and Centralized Intake Office
Sydney, Nova Scotia
Responsible for releasing permanent resident cards for first-time holders, as well as renewals. Its intake office handles all applications for all types of work visas and applications for provincial nominee programs across Canada. The Nova Scotia office is also responsible for processing all types of citizenship applications.
Operations Support Centre
Ottawa, Ontario
Works specifically on applications for work permits for International Experience, "Verification of Status or VOS", online applications of temporary residents, replacement of temporary resident documents and amendments of immigration documents
International
Canadian embassies and consular offices across the world play an important role in safeguarding its citizens while abroad.[20] There are identified countries in different regions around the globe that are strategically located and serve as case processing centres for students, temporary residents, visitors, refugees and landed immigrants visa applications.[21]
Service Canada is responsible for some of the domestic field operations of the department, while the Canada Border Services Agency controls enforcement and entry control at ports of entry.
IRCC remains responsible for the establishment of policies and processing of permanent and temporary resident visa, refugee protection and citizenship applications.
Acts and regulations
Immigration, Refugees and Citizenship Canada was created and is guided by the principles provided in specific Canadian laws. The Canadian Charter of Rights and Freedom is its guiding light in enforcing immigration policies and laws, and preserving human rights. The below list of acts and regulations highlights the guiding principles for IRCC's operations and dealings with other organizations, both in Canada and abroad.[22]
Acts
Enumerated below are the Acts that are used and applied under any circumstances related to Canadian immigration, refugees, and citizenship.
A provision created to guide financial management in the Government of Canada applicable to all its federal agencies, which the Immigration, Refugees and Citizenship Canada is one of the agencies.[27]
Created for Canadian immigration policies and provisions for protecting people seeking refuge in Canada who are being persecuted, country-less and lives are in imminent danger.[28]
Revolving Funds Act
Under the Consolidated Revenue Fund, the Minister of Citizenship and Immigration can utilize this for passport and related travel documents services within Canada and abroad.[29]
College of Immigration and Citizenship Consultants Act[31]
The act created the College, the only regulatory body authorized to govern the profession of immigration and citizenship consultants. In force since December 2020.
Regulations
Canadian regulations are enacted by the Parliament of Canada and are carried out as provided by the law. Regulations are generally sets of rules but have the weight of the rule of law, they can be more detailed such as "include definitions, licensing requirements, performance specifications, exemptions, forms, etc." The acts that govern IRCC are backed up with these sets of regulations.
Regulations supporting the IRCC
Regulation
Description
Adjudication Division Rules
Sets of rules to be followed in any circumstances by the Adjudication Division of Immigration and Refugee Board (IRB) as created by the IRB Chairperson working together with the Director-General of the Adjudication Division, the Deputy Chairperson of the Convention Refugee Determination Division, and the Deputy Chairperson of the Immigration Appeal Division.[32]
Citizenship Regulations are rules relative to the Citizenship Act.[33]
Canadian Passport Order
A provision relating to the ability of a Canadian citizen to apply for travel documents such as the Canadian passport.[34]
This Order is provided by the Citizenship Act.[24]
Convention Refugee Determination Division Rules
Governs "the activities of, and the practice and procedure in, the Convention Refugee Determination Division of the Immigration and Refugee Board."[35]
Federal Courts Immigration and Refugee Protection Rules
Governed under the Citizenship Act and the Agricultural and Recreational Land Ownership Act of Alberta and generally pertains to that of the right of ownership by a foreign national to land properties.[37]
Immigration and Refugee Protection Regulations
The sets of provisions in accordance to the Financial Administration Act and IRPA to govern all aspects of immigration and refugee procedures.[38]
Immigration Appeal Division Rules
Respected when appeals are made during stages of immigration application where the application is refused or denied, hence, the appeal to be reconsidered.[39]
Immigration Division Rules
These rules—such as those applicable to admissibility hearings, detention review, or both—are observed when an applicant for immigration falls into any of these categories or legal impediments, the Minister of Immigration, Refugees and Citizenship may request the division to hold a hearing and relevant proceedings.[40]
Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board)
A printed format of the oath proclaiming to respect the duties and obey rules enumerated in the oath.[41]
Order Designating the Minister of Citizenship and Immigration as the Minister responsible for the administration of that Act
An order to the Minister of IRCC to administer the Immigration and Refugee Protection Act.[42]
Order Setting Out the Respective Responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness Under the Act
A regulation enabled by IRPA that enforces the applicable rules under circumstances of refugees seeking case appeals.[46]
Refugee Protection Division Rules
The guiding sets of rules and administered by this division.[47]
Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act
A regulation duly assigning the Immigration Consultants of Canada Regulatory Council (ICCRC) and its members to serve as a representative to any person applying for immigration proceedings. The member has to be qualified according to the standards set by its governing body.[48]
Funding
The Departmental Results Report for 2018–2019 reported that the actual spending amount by IRCC was CA$2,403,858,757. The budget was spent through various immigration programs.[2]
As part of an initiative called the "Settlement Program and Resettlement Assistance Program," updated application forms are provided online by IRCC for available funding opportunities for settlement organizations across Canada.[49] This program supports partners in providing services that enable smooth transitions for the settlement of newcomers. The services can vary from language skills development in both official languages (English and French), employment opportunities banking on the newcomers educational backgrounds and skills. The four areas of focus for the program are:[49]
"information and orientation;"
"language training and skills development;"
"labour market access;" and
"welcoming communities."
IRCC also funds the Refugee Resettlement Assistance Program (RAP) by financing individual or family asylum seekers in finding temporary accommodations upon arrival in Canada, and eventually, locating a permanent place to live, supporting the ability to purchase daily basic needs and providing assistance with the development of general life skills.[50]
The Government of Canada welcomed 25,000 Syrian Refugees by the end of February 2016 and also partook in funding this commitment in opening doors to this specific group of refugees. The refugees came into the country in three different refugee immigration schemes and are given up to 6 months of financial aid until they can fully stand on their own:[51]
Privately Sponsored Refugees (PSRs), who were financially supported by private citizens or organizations;
Government Assisted Refugees (GARs), who were funded by IRCC through the Refugee RAP; and
Blended Visa Office-Referred Refugees (BVORs), which is a type of refugee classified by UNCHR and subsequently paired with Canadian private sponsors.
Citizenship Commission
Under Immigration, Refugees and Immigration Canada, the Citizenship Commission is responsible for the administration of citizenship grants to new applications who are admissible for Canadian citizenship. Composed of citizenship judges across Canada, the Commission's mandate is to administer Oath of Citizenship;[52] process and approve citizenship applications that meet residency requirements; educate new citizens with their civil responsibilities as new Canadians; and "to promote citizenship in communities."[53]
Decisions will be made according to individual application circumstances, hence, making each citizenship judge unique and "independent decision makers."[53] However, their decisions are subject for judicial review by the citizenship applicants and by the Minister of IRCC. Citizenship judges must follow the principles provided by administrative law and natural justice as well as the Citizenship Act, Citizenship Regulations and other relevant precedents applicable to each individual case.[53]
Citizenship judges
Citizenship judges are obliged to obey the mandate as stated by the Citizenship Commission under the Citizenship Act and the Citizenship Regulations. They provide citizenship application assessment ensuring that the applicants meet the necessary requirements, such as residency, they will administer the Oath of Citizenship during ceremonies and review the rights, privileges and duties of a Canadian citizen, conduct hearings, and supply written decisions following timeline set by the regulation. They are also asked to maintain the integrity of the citizenship application process.[54][55]
The following are those currently serving, as of November 1, 2018, as citizenship judges:[56]
^Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Department of Citizenship and Immigration (French: Ministère de la Citoyenneté et de l’Immigration).
^Canada, Government of Canada, Global Affairs (December 13, 2013). "English title / Titre en anglais". travel.gc.ca. Archived from the original on July 5, 2018. Retrieved July 9, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
^Canada, Immigration, Refugees and Citizenship (April 16, 2003). "Visa offices outside Canada – Canada.ca". www.canada.ca. Archived from the original on July 13, 2018. Retrieved July 9, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
^ ab"Funding." Immigration, Refugees and Citizenship Canada. Government of Canada. 27 December 2019. Archived from the original on July 14, 2018.
^Canada, Immigration, Refugees and Citizenship (June 28, 2002). "Financial help – Refugees – Canada.ca". www.canada.ca. Archived from the original on July 13, 2018. Retrieved July 15, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
^ abcCanada, Immigration, Refugees and Citizenship (March 31, 2007). "Citizenship Commission – Canada.ca". www.canada.ca. Archived from the original on July 16, 2018. Retrieved July 15, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
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