Immigration and Refugee Board of Canada Ministerial Briefing Binder – 2021-22

The Immigration and Refugee Board: An Overview

Created by an Act of Parliament in 1989, the Immigration and Refugee Board of Canada (IRB) is Canada’s largest administrative tribunal. Like every administrative tribunal, the IRB must exercise its decision-making authority independently, in a manner that is fair, transparent, efficient, and in accordance with the rules of natural justice. The primary statutory framework governing the IRB and defining the basic features of its organizational structure is the Immigration and Refugee Protection Act (IRPA), which became law in 2002 and was substantively reformed in 2012.

The IRB’s mission, on behalf of Canadians, is to resolve immigration and refugee cases efficiently, fairly and in accordance with the law. The IRB reports to Parliament through the Minister of Immigration, Refugees and Citizenship and contributes directly to Canada’s humanitarian traditions, the security of Canada and the quality of life of Canadians, as well as to the fulfillment of international obligations. It consists of four tribunals, known as “divisions”:

• Refugee Protection Division (RPD) makes determinations of whether a claimant meets the definition of a refugee under the 1951 UN Refugee Convention (i.e. due to a fear of persecution by reason of race, religion, nationality, membership in a particular social group or political opinion) or a person in need of protection (i.e. because they face torture, a risk to life or risk of cruel and unusual treatment or punishment) under the IRPA. The RPD also hears applications for cessation or vacation of refugee protection. A person may “cease” to hold their refugee status if they are found to have re-availed themselves of the protection of their country of nationality or have obtained protection from another country. A person can have their refugee status vacated if they obtained their status by means of misrepresentation or withholding material facts. In either of these situations, the Minister^{Note 1} can make an application which, if allowed by the RPD, will result in the protected person losing his or her refugee protection.
• Refugee Appeal Division (RAD) considers appeals against decisions of the RPD to allow or reject claims for refugee protection. In most cases, there will be no hearing as the RAD will base its decision on the documents provided by the parties involved and the RPD record. The RAD decides whether to confirm or to change the RPD’s decision. It may also decide to send the case back to the RPD to hear it again, giving directions to the RPD that it considers appropriate. In addition, the RAD has an important role in clarifying matters of refugee law and shaping refugee decision-making at both the RPD and RAD by advancing its adjudicative role and the strategic development of coherent and consistent jurisprudence.
• Immigration Division (ID) conducts hearings on immigration-related matters. These include:
• Admissibility hearings: Where the Minister believes that a permanent resident or foreign national is inadmissible to or removable from Canada, the matter may be referred to the ID for an admissibility hearing. Grounds for inadmissibility include security; human rights or international violations; criminality; and misrepresentation. Where a finding of inadmissibility is made, the ID will issue a removal order against the person concerned.
• Detention reviews: The Division conducts detention reviews of foreign nationals or permanent residents detained by the Canada Border Services Agency (CBSA) under the IRPA. The CBSA has the authority to detain foreign nationals and permanent residents for a number of reasons, including in situations where the Agency believes the individual is inadmissible to Canada; is a danger to the public; is unlikely to appear for immigration processes; or in cases where a foreign national is unable to establish their identity. Detention review hearings are required by law to be held at regular intervals beginning at 48 hours of detention or as soon as possible afterwards, with subsequent reviews being held after 7 days and then after every 30 days for as long as the person remains detained. The law requires the ID to order the release of a detainee unless one of the prescribed grounds for detention is met. Grounds for detention include danger to the public; unlikely to appear for an examination, a hearing or removal; inadmissibility for security reasons; serious criminality, criminality, organized criminality or violating human or international rights; or non-establishment of identity. At a detention review, the onus is always on the Minister’s counsel to demonstrate that there are reasons which warrant detention in all circumstances of the case.
• Immigration Appeal Division (IAD) hears appeals on immigration-related matters. These include:
• Sponsorship appeals: If Immigration, Refugees and Citizenship Canada (IRCC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD. Sponsorship appeals represent the majority of the Division’s workload.
• Removal order appeals: A removal order issued by the ID or CBSA against a permanent resident of Canada, protected person or holder of a permanent resident visa may be appealed to the IAD. For example, if a permanent resident was found to have committed a serious crime or for having committed misrepresentation, the person concerned may, with certain exceptions, file an appeal to be allowed to stay in Canada and maintain their permanent residence status.
• Ministerial appeals: The Minister may file an appeal to the IAD to challenge an Immigration Division decision at an admissibility hearing in favour of the person concerned.
• Residency obligation appeals: The law requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer with IRCC finds that they have not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the decision.

In addition to its four Divisions, the IRB also has employees reporting to its Executive Director who delivers a range of strategic, corporate and operational services to the Board’s senior leadership and decision-makers. These support functions include:

• Adjudicative Support which consists primarily of professional support to decision-making (e.g., registry, scheduling of cases, triage, research, tribunal officers and case management). It also consists of professional advice and support in relation to the development of the Board’s adjudicative and operational policies.
• Corporate Support which consists of functions required to support the management of the Board through corporate, strategic and administrative activities encompassing corporate services (e.g. planning, finance, policy development, information technology and administration, human resources and communications).

Geographically, IRB operations are managed across three regions: Western, Central and Eastern. The IRB has offices in five cities: Vancouver, Calgary, Toronto, Ottawa and Montreal, with itinerant sites in Edmonton and Winnipeg where hearings are conducted virtually, with very limited exceptions, by members on an as required basis. The IRB’s National Headquarters are in Ottawa.

Please refer to the attached Tab 1b showing IRB office locations as well as the funded employee complement in each office.

Notes

Note 1

The Minister is represented by an officer (Minister’s counsel) from either CBSA or IRCC

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IRB Regions and office locations

Tribunal Independence

As an administrative tribunal, the IRB is characterized by both (i) individual decision-maker (“adjudicative”) independence and (ii) a degree of institutional independence.

Maintaining an appropriate degree of independence is important because it enhances public confidence in the institution where both the Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety and Emergency Preparedness appear as parties, and allows the Ministers to stay at arms-length from the difficult and often sensitive decisions that are made by Board decision-makers.

With respect to the degree of independence required of any particular administrative tribunal, the Supreme Court of Canada has stated that it depends on many factors, including the rights that are at stake and whether the tribunal functions similarly to a court^{Note 1}. In this regard, the IRB has been found to have a high degree of independence, as it adjudicates important Charter-protected rights. The Federal Court of Appeal has stated that the IRB “is structured to operate as an administrative tribunal with as much independence from its sponsoring Department as is ever found in the contemporary administrative justice system”^{Note 2}.

Accordingly, IRB decision-makers are themselves independent in the exercise of their adjudicative functions. This means that no improper influence may be brought to bear upon their decision-making.

With respect to the meaning and extent of institutional independence, it is important to note that the IRB does not report to the Minister, but reports to Parliament through the Minister. Further, the Supreme Court of Canada has stated that institutional independence, in the context of courts, includes control over the assignment of judges, sittings of the court, and assignment of dockets/cases^{Note 3}. As an administrative tribunal at the higher end of the independence spectrum, it is likely that many of the elements of institutional independence set out by the Supreme Court of Canada also apply to the IRB. This is reinforced by the Immigration and Refugee Protection Act, which provides that the Chairperson apportions work among members of the Board and fixes the place, date, and time of proceedings. Therefore, the Chairperson has the authority to control the IRB’s docket, set priorities, and direct the case management of the Board in conformity with its mandate to resolve proceedings efficiently and fairly.

At the same time, the IRB is part of the executive branch of government and does not enjoy the same level of institutional independence as, for example, a court. Indeed, while the IRB enjoys a degree of institutional independence beyond that of other “line departments”, the Minister is still ultimately accountable for the organization’s effective functioning and must answer questions in Parliament for all matters pertaining to it.

In this context, where on the one hand a tribunal enjoys a degree of independence and at the same time the Minister is ultimately accountable for its effective functioning, Open and Accountable Government^{Note 4} sets out examples of both appropriate and inappropriate communications and interventions by the Minister. Appropriate areas for the Minister to engage include:

• The exchange of views on matters of general relevance to both parties, such as management and budgeting, the IRB’s mandate and enabling legislation, the Minister’s responsibility to answer for the Board in Parliament, and portfolio coordination;
• Communication of the government’s broader agenda, and its possible impact on the IRB;
• Communication with the Board concerning the potential impact of proposed legislation or other initiatives; and
• Communication with the IRB concerning the effectiveness with which the current legislative framework supports the Board in delivering on its mandate.

Conversely, based on the principles of independence set out above and to respect the integrity of the adjudicative processes, there are areas where the Minister, political staff, and departmental officials must not communicate with the IRB, including in regard to:

• any specific cases currently before a decision-maker, except as permitted through the Minister’s counsel’s participation in a hearing, or by way of a general update;
• requests made to schedule or postpone a specific hearing, except through a proper application made under the IRB Rules of the appropriate division.

Lastly, in the absence of express statutory authority regarding the role of the Minister, there are areas where the boundaries are less clearly defined. One such area is in relation to any guidance from the Minister to the Board regarding government priorities and their relationship to broad scheduling priorities. In such circumstances, any such guidance should balance the Board’s role as being part of the executive branch, with the need to protect its institutional independence. Accordingly, any such guidance or statement of priorities from the Minister should be consistent with the legislative principles outlined in the enabling statute (IRPA); should be transparent, pursuant to agreed upon protocols and/or governance structures^{Note 5} and be informed by the Board’s operational realities.

In short, supporting and advancing the Minister’s accountability to Parliament for the proper functioning of the IRB requires careful consideration in order to protect the IRB’s adjudicative and institutional independence.

Notes

Note 1

Bell Canada, 2003 SCC 36

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Note 2

Ahumada, 2001 FCA 97

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Note 3

Valente, 1985 S.C.R. 673

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Note 4

Canada. Privy Council Office. 2015. Open and Accountable Government. <https://pm.gc.ca/sites/pm/files/inline-files/oag_2015_english.pdf> >, Annex H.

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Note 5

Cooperation MOU between IRCC, CBSA and IRB and/or the Asylum System Management Board

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Biographies of Senior Officials

 

Richard Wex - Chairperson

Mr. Wex was appointed Chairperson and Chief Executive Officer of the Immigration and Refugee Board of Canada in July 2018.

From 2015 to 2018, Mr. Wex was the Associate Deputy Minister of Immigration, Refugees and Citizenship Canada. Prior to this appointment, he served as Vice-President of the Canada Border Services Agency (CBSA) responsible for policy and program development. From 2007 to 2013, Mr. Wex served as Assistant Deputy Minister of the Law Enforcement and Policing Branch at Public Safety Canada, where he provided strategic leadership and policy advice to the Minister of Public Safety. Prior to joining Public Safety Canada, Mr. Wex held a number of executive positions with the Department of Fisheries and Oceans and the Department of Justice. He began his public service career with the Department of Justice, practicing in the areas of Public and Aboriginal law, and providing the full range of advisory, negotiation and litigation services.

Mr. Wex has a Bachelor of Laws degree (L.L.B.) from Queen's University and is a member of the Law Society of Ontario. He is a graduate of the Public Service Advanced Leadership Program, and the Senior Managers in Government Program from the John F. Kennedy School of Government at Harvard University. He is a recipient of both the Public Service Award of Excellence as well as the Queen’s Diamond Jubilee Medal in recognition of his contributions to Canada.

 

Roger Ermuth - Executive Director and Chief Financial Officer

Roger started with the Immigration and Refugee Board of Canada in October 2021. Prior to his appointment, Roger was an Assistant Comptroller General with the Office of the Comptroller General (OCG) where he had responsibility for public accounts, community development and government-wide policy related to financial management, transfer payments, costing, charging.

Roger has held a number of positions across the federal public service, including Vice President, Health Security and Infrastructure at the Public Health Agency of Canada and Deputy Chief Financial Officer at Correctional Services Canada. He has also worked at the Privy Council Office, Indian and Northern Affairs, Agriculture Canada and the Canada Revenue Agency.

In recognition of his contributions to the accounting profession, Roger was admitted as a Fellow of Chartered Professional Accounts (FCPA-FCMA). He also has a MBA from the University of Ottawa, a graduate certificate from Harvard University and a BComm from Carleton University. Prior to joining the government, Roger worked for PricewaterhouseCoopers. He was also a Moderator with the legacy CMA (accounting) program and part time instructor at the University of Ottawa’s MBA program.

 

Roula Eatrides - Deputy Chairperson of the Refugee Protection Division

Roula Eatrides was appointed Deputy Chairperson of the Refugee Protection Division (RPD) in September 2019. Ms. Eatrides joined the IRB in 2018 as Deputy Chairperson of the Immigration Division (ID). Previously, she was the Deputy Superintendent for Operations and Corporate Services at the Office of the Superintendent of Bankruptcy. Ms. Eatrides has also served as Executive Director and General Counsel at the Federal Court and as Registrar of the Tax Court of Canada, for which she managed all registry services. Prior to joining the Public Service, Ms. Eatrides practiced law at Osler and Stikeman Elliott and taught Corporate Finance for several years as a part-time professor at the University of Ottawa's Common Law Program.

Ms. Eatrides is a member of the Law Society of Ontario and holds an undergraduate degree in Economics, a Bachelor of Laws Degree and a Master’s Degree in Business Administration. She has been recognized for her contributions, including a Public Service Award of Excellence in 2015 for Management Excellence and a Diamond Jubilee Medal in 2012.

 

Suzanne Gilbert - Deputy Chairperson of the Immigration Appeal Division

Suzanne Gilbert was appointed Deputy Chairperson of the Immigration Appeal Division (IAD) at the Immigration and Refugee Board of Canada (IRB) in April 2019. Prior to this appointment she held the position of Assistant Deputy Chair (ADC) of the IAD Central Region. From 2006 to 2016, Ms. Gilbert held a number of positions, including Chair and Associate Chair for the Social Justice Tribunals Ontario with the Child and Family Services Review Board and Custody Review Board. Prior to that appointment, she worked in a number of positions at the IRB in Montreal and Toronto, including Assistant Deputy Chairperson of the Refugee Protection Division in Toronto.

Ms. Gilbert holds a Master's Degree in Health Law from the Université de Sherbrooke and was called to the Barreau du Québec in 1981.

 

Paula Thompson - Deputy Chairperson of the Refugee Appeal Division

Paula Thompson was appointed as the Deputy Chairperson of the Refugee Appeal Division (RAD) in April 2019. Ms. Thompson has also served as Assistant Deputy Chairperson at the RAD. Previously, as IRB Chief of Staff, she provided strategic leadership and policy advice to a number of former IRB Chairpersons. Ms. Thompson has extensive experience in refugee law and adjudication and has held a number of executive positions within the IRB. Paula has also worked with the Organization for Security and Cooperation in Europe (OSCE) in Bosnia-Hercegovina, Romania and Ukraine.

Ms. Thompson has a Master of Laws degree in International Human Rights Law from the University of Essex in the United Kingdom. An expert in minority rights in the former Soviet Union and Eastern Europe, Paula has also studied at the University of Vienna and Carleton University. She is a recipient of the Public Service Award of Excellence.

 

Greg Kipling - Deputy Chairperson for the Immigration Division

Greg Kipling was appointed Deputy Chairperson of the Immigration Division (ID) in October 2019. Prior to this appointment he was Director General for Policy, Planning Corporate Affairs at the IRB. Between 1999 and 2016 Mr. Kipling served in a number of progressively senior positions at the Board, including Director of Research, Chief of Staff to the Chairperson and Director General for Policy, Planning and Research. Prior to joining the IRB, Mr. Kipling worked as a consultant in the field of Indigenous health and human rights as well as a researcher and writer on social issues.

Mr. Kipling holds Bachelor of Arts degrees from the University of Toronto and Carleton University as well as a Master of Arts degree from Carleton University.

 

Julie Wellington - Senior General Counsel

Julie Wellington was appointed Senior General Counsel of the IRB Legal Services in May 2021. Previously, Ms. Wellington served as Director and General Counsel at Justice Canada, Fisheries and Oceans Legal Services, where her main client was the Canadian Coast Guard. Prior to that, she spent almost 20 years in the Constitutional, Administrative and International Law Section at Justice Canada, where she practiced mainly in administrative law and constitutional law. In addition to her practice, she was an instructor for a number of professional development courses, including the Basic Principles of Administrative Law, Liability of the Crown, Crown Immunity and Solicitor-Client Privilege in the Government Context. She held several senior roles, including Deputy Director General and General Counsel and Acting Director General and Senior General Counsel. She began her career at Justice Canada in the Competition Law Division, providing advisory and litigation services.

Ms. Wellington is a member of the Law Society of Ontario and holds a Bachelor of Commerce (B. Comm) and a Bachelor of Laws Degree (L.L.B) from the University of Ottawa.

 

Raymond Kunze - Ombudsperson

Raymond Kunze was appointed as the IRB’s first Ombudsperson in October 2020. Previously, Mr. Kunze served as Chief Audit Executive at Global Affairs Canada (2019-2020), Immigration, Refugees and Citizenship Canada (2014-2019) and Infrastructure Canada (2012-2014). At the latter two departments, he also served as the Senior Officer responsible for disclosures of wrongdoing. Prior to this, he held a variety of positions, including Director, Performance Audits at the Office of the Auditor General of Canada from 1998 to 2012. Before joining the federal government, Mr. Kunze served as Environmental Management Specialist with Boeing Canada.

Mr. Kunze holds a Bachelor’s Degree in Economics and a Master’s Degree in Natural Resource Management from the University of Manitoba. He is a Certified Internal Auditor and a leadership coach.

IRB organizational structure

Financial and Human Resources

The IRB’s planned total funding in Fiscal Year 2021-22 is approximately $300M, composed of:

• $140M in permanent funding;
• $145M in temporary funding provided in Economic and Fiscal Snapshot 2020 ($127M) and the reprofiling of funds from Budget 2019 (Asylum System $16M and Interoperability $2M); and,
• $12M in Operating Budget Carry Forward from Fiscal Year 2020-21

The IRB plans to have approximately 2,100 full-time equivalent (FTE) employees in place by the end of Fiscal Year 2021-22. Approximately 50% of these are permanently funded positions, with the balance comprised of temporary resources funded by the Economic and Fiscal Snapshot 2020, as well as reprofiled and carry forward funds.

Available Financial Resources (millions)

*As per the 2021-22 Departmental Plan and 2020-21 Departmental Results Report

Human Resources (FTEs)

*As per the 2021-22 Departmental Plan and 2020-21 Departmental Results Report

The IRB has seen significant growth over the last few years – the largest in the Board’s 30 year history. As shown in the tables above, the growth in the IRB’s budget and employee complement is substantial, with the Board essentially doubling in size and budget between 2017-18 and 2021-22. This has enabled the Board to more than double the number of decision makers at the Refugee Protection Division and Refugee Appeal Divisions, and hire additional support staff so that the Board can process up to 50,000 refugee claims and 13,500 refugee appeals a year, slowing the growth of the inventory of refugee claims and appeals and associated wait times from where they would otherwise be.

However, this growth in funding and associated staff is currently only temporary in nature, with planned authorities scheduled to significantly decline and return to 2017-18 levels by April, 2023 as a result of the sun-setting of the temporary funding provided by recent Budgets. The impact of funding not being renewed on the number of pending refugee claims and associated wait times would be significant. The IRB will be working with Immigration, Refugees and Citizenship Canada (IRCC), central agencies and your office to address the Board’s longer term funding interests.

Budget and Human Resources by Division for Fiscal Year 2021-22

*Funding for 13 GIC members has been temporarly re-allocated to support other divisions given lower inventory and reduced intake at the IAD. This will be reviewed on a regular basis.

2021-2022 Operational Plans - Results to date

RPD Operational Plan Overview

RAD Operational Plan Overview

ID Operational Plan Overview

IAD Operational Plan Overview

RPD Inventory Analysis

Overall

Regular Claims

Irregular Claims

All Claims

• Between January 1, 2021 to September 30, 2021, the RPD received intake of 16,500 cases, which is a 3% decrease over the same period last year. Over this period, irregular intake declined by 81% while regular intake increased by 21%. This decline can be explained with the border closures in March 2020 and travel restrictions due to Covid-19.
• From January to September 2021, the RPD finalized 36,600 cases, an annualized rate of 49,000 finalizations per year.

Pending Inventory

• Growth: At the end of September 2021, the pending inventory comprised 61,100 claims, a decrease of more than 20,000 claims in 2021 and more than 31,000 claims since its peak of 93,000 claims in May 2020.
  • Age: 54% of pending claims were less than 2 years old (received between September 2019 and September 2021).
  • 26% of cases were received in 2021
  • 18% of cases were received in 2020
  • 34% of cases were received in 2019
  • 23% of cases were received prior to 2019
  • Region: 50% of the inventory was in Eastern (Montreal) region, 41% was in Central (Toronto) region, and 9% was in Western (Vancouver) region.
  • Country Make-up:

    All Claims Source Country	Total Claims Pending	% of Inventory
    Top 10 Countries	39,063	64%
    India	11,563	19%
    Mexico	6,044	10%
    Nigeria	4,571	7%
    Colombia	3,867	6%
    Haiti	3,739	6%
    Iran	2,633	4%
    China	1,896	3%
    Congo, Democratic Republic	1,888	3%
    Pakistan	1,754	3%
    Sri Lanka	1,108	2%
    Other 161 Countries	22,029	36%

Wait Times

• Average wait time for claims finalized to date in 2021 (Jan to Sep) was 24 months.
• Projected wait time for new claims received as of September 2021 is 15 months.

RAD Inventory Analysis

Overall

Total Appeals

Irregular Appeals

• Between January 1, 2021 and September 30, 2021, the RAD received intake of 7,570 appeals. Over that period, irregular intake comprised 2,280 appeals. Intake, from January to September 2021, has averaged 21% of Refugee Protection Division finalizations.
• The RAD finalized 11,300 appeals in the 12-month period ending in September 2021 – a 5% year over year increase.

Pending Inventory

• Growth: At the end of September 2021, the RAD inventory comprised 5,468 appeals, down 23% in 2021 and about half its peak of 10,400 in September 2019.
• Age: 96% of pending appeals were less than 1 year old (received between October 2020 and September 2021)
• Region: 53% of the inventory was in Central (Toronto) region, 38% was in Eastern (Montreal) region, and 9% was in Western (Vancouver) region.
• Country Make-up (as of the end of September 2021):

  All Appeals Source Country	Total Appeals Pending	% of Inventory
  Top 10 Countries	3,834	70%
  Nigeria	1,008	18%
  Mexico	776	14%
  India	706	13%
  Pakistan	410	7%
  China	278	5%
  Haiti	225	4%
  Colombia	152	3%
  Congo, Democratic Republic	94	2%
  Bangladesh	93	2%
  Kenya	92	2%
  Other 113 Countries	1,634	30%

Wait Times

• Average wait time for appeals finalized to date in 2021 (Jan to Sep) was 7 months.
• Projected wait time for new appeals filed as of September 2021 is 6 months.

Immigration Division (ID) and Immigration Appeal Division (IAD) Inventory Analysis

Immigration Division Inventory Analysis

Overall

Admissibility Hearings

Detention Reviews

Wait times

• Average wait time for admissibility hearings finalized to date in 2021 (Jan to Sep) was 4 months.
• Projected wait time for new admissibility hearings requested as of September 2021 is below 6 months.
• Time compliance for all type of detention reviews: target of 96% met.

Immigration Appeal Division Inventory Analysis

Overview

Wait times

• Average wait time for appeals finalized to date in 2021 (Jan to Sep) was 12 months.
• Projected wait time for new appeals filed as of September 2021 is 9 months.

Stakeholders

The IRB collaborates closely with a range of partners and stakeholders.

Portfolio Partners

The IRB, Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) are portfolio partners and collaborate on operational matters while respecting each other's distinct mandates and the IRB's institutional and adjudicative independence.

The three organizations are party to a trilateral memorandum of understanding that provides a framework under which organizational priorities are discussed and information is shared as appropriate.

In addition, the IRB, working in collaboration with IRCC and CBSA, is driving a systems management approach to be more responsive to the changing operational context. These efforts include the establishment of an Asylum System Management Board (ASMB) in 2018, which brings together the Deputy Heads of the IRB, IRCC and CBSA to ensure greater coordination and the effective governance of Canada’s asylum system. Improved horizontal coordination is being achieved through system-wide joint priority setting, trends analysis, performance management and the monitoring of interdepartmental goals.

Central Agencies

As an administrative tribunal within the Immigration, Refugees and Citizenship Canada portfolio, the IRB’s interactions with central agencies (i.e., the Department of Finance, the Treasury Board Secretariat, and the Privy Council Office) are in many cases coordinated by IRCC.

However, in specific instances the IRB works directly with central agencies. For example, there are close and sustained interactions between the IRB, your office and the Privy Council Office in relation to the appointment and reappointment of Governor in Council decision-makers.

External Stakeholders

The IRB deals with a broad range of stakeholder interests and perspectives, with key groups including lawyers and immigration consultants, provincial legal aid programs and refugee advocacy organizations. The IRB’s stakeholders play a meaningful role in providing on-the-ground perspectives for the IRB as it develops and implements new initiatives. Stakeholders are also valuable in assisting the Board in communicating information on its procedures and expectations to those appearing as parties before it.

Key stakeholder groups include:

• Professional associations: Organizations representing lawyers and immigration consultants are a key constituency for the IRB. They communicate Board initiatives, procedures and expectations to their members, and provide valuable input as the IRB develops and implements new initiatives.
• Provincial legal aid programs: Effective representation by legal counsel helps to ensure that application deadlines are met, parties are well-prepared and proceedings proceed efficiently. In this context, the IRB has collaborative and positive working relations with legal aid programs in key jurisdictions. The IRB Consultative Committee (see below) includes legal aid representation from Ontario, Quebec and British Columbia.
• Canadian Council for Refugees (CCR): The IRB has a long standing, positive and collaborative working relationship with the CCR, a national non-profit umbrella organization representing more than 180 groups across Canada involved in the settlement, sponsorship and protection of refugees and immigrants.
• United Nations High Commissioner for Refugees (UNHCR): The IRB has a history of close collaboration with the UNHCR spanning over the past three decades. This relationship is multi-faceted, encompassing consultation on IRB policy and operational initiatives; information and data sharing; and cooperation in the delivery of international capacity building, including in the context of efforts to strengthen refugee determination systems in Mexico, Costa Rica and elsewhere in Latin America. As well, the UNHCR has certain authorities under the Immigration and Refugee Protection Act, for example the entitlement to observe IRB proceedings involving a refugee claimant or a protected person, in line with its responsibility for supervising the application of the 1951 Refugee Convention and its 1967 Protocol.

Immigration and Refugee Board Consultative Committee (IRBCC)

The IRBCC serves as the organization’s key forum for dialogue and engagement with its main national stakeholder organizations.^{Note 1}

Most recently, the IRB has frequently consulted this committee in the context of adjusting operations and changing our operating model to respond to the global pandemic.

The Digitization Advisory Committee is a sub-committee of the IRBCC that meets on an ad hoc basis to discuss the IRB's vision and strategy to becoming a digital organization. It provides a space for the exchange of information and input on the use of different digital channels as well as for the gathering of insight on the needs, opportunities and challenges persons who appear before the IRB may face with the IRB's digitization efforts.

In the past, the IRBCC’s national bi-annual meeting has offered a venue for ministerial engagement on issues of interest to the Minister and this community. The next IRB Consultative Committee meeting is being planned for late fall/early winter 2021 and would provide an early opportunity to meet with key IRB national stakeholders, should your schedule permit.

Notes

Note 1

External (stakeholder) membership on the IRBCC includes representatives from:

• L’Association québécoise des avocats et avocates en droit de l’immigration (AQAADI) (2 members)
• Bureau d’aide juridique de Montréal/Laval (BAJ Montréal/Laval) (1 member)
• Canadian Association of Professional Immigration Consultants (CAPIC) (3 members)
• Canadian Association of Refugee Lawyers (CARL) (1 member)
• Canadian Bar Association (CBA) (3 members)
• Canadian Council for Refugees (CCR) (3 members)
• Legal Aid British Columbia (LABC) (1 member)
• Legal Aid Ontario (LAO) (1 member)
• Refugee Lawyers Association (RLA) (1 member)
• United Nations High Commissioner for Refugees (UNHCR) (1 member)

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Key Issues

The following are key issues requiring early attention:

• Timely appointment and reappointment of Governor-in-Council (GIC) decision-makers at the Refugee Appeal Division (RAD) and Immigration Appeal Division (IAD)

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  With the RAD and IAD staffed by GIC decision-makers, continued timely appointments and reappointments is critical for these divisions to maintain expec​ted levels of productivity and keep wait times in check. 
  

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• Longer term funding to meet intake and address accumulated backlogs

  The IRB received significant temporary funding from Budgets 2018, 2019 and the 2020 Economic and Fiscal Snapshot to increase its capacity to finalize refugee claims and appeals. However, this funding is currently scheduled to end in fiscal year 2022-23. Early discussions regarding permanent and longer term funding that provides the IRB sufficient capacity to match refugee claim intake and maintain or reduce wait times will be required.

• Modernizing the IAD Rules of Practice

  The IAD is seeking to replace its current Rules of Practice, which came into force in 2002, with new modernized Rules to further improve timelines of decisions and better meet the objectives established in the Immigration and Refugee Protection Act (IRPA). Your approval, as well as the approval of the Minister of Public Safety and Emergency Preparedness, will be required to advance the regulatory proposal. Subject to GIC approval, the IRB hopes to publish the Rules in Part I of the Canada Gazette as early as the fall of 2021.

The IRB will work with your office as well as with central agencies, IRCC and CBSA to advance these priority issues.