Summary of the Horizontal Evaluation of the Immigration and Refugee Protection Act Division 9 / National Security Inadmissibility Initiative
About the program
The Immigration and Refugee Protection Act (IRPA) is the primary federal legislation regulating immigration to Canada. IRPA sets out the core principles and concepts that govern Canada's immigration and refugee protection programs.
Within the IRPA, Division 9 provides the legal framework that allows for the use and protection of non-disclosable information in immigration proceedings.
What we examined
The purpose of the evaluation was to assess the relevance, performance and governance of the Initiative. The evaluation covered the period from fiscal year 2019-2020 to 2024-2025 and was conducted in accordance with the Treasury Board Policy on Results and the Directive on Results.
Evaluation findings
- Division 9 remains relevant, and the objectives align with the respective mandates of Public Safety (PS) as well as the other Initiative's departments and agencies.
- Division 9 remains a necessary tool for mitigating threats to national security. However, challenges persist in its application.
- The Division 9 Initiative protects an individual's Charter and international human rights including through the use of Special Advocates.
- There are opportunities to further support Initiative organizations through horizontal governance, which could improve processes, training, and performance measurement as well as increase collaboration.
- A forum to discuss pressures and the mechanism to redistribute unspent Initiative funds amongst the organizations may provide an opportunity to enhance delivery.
Recommendation
Ensure there are appropriate governance structures and processes, and training in place to support the organizations within the Initiative, with a focus on:
- Providing a forum for discussions particularly in support of decision-making related to complex situations;
- Escalation of issues, such as financial pressures, that may impact the utilization and success of the Initiative;
- Secure information sharing and storage corresponding to cases and emerging issues; and
- Monitoring and assessing performance.
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