As a result of their deliberations, committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Maintaining public service and Governor in Council appointments at the Immigration and Refugee Board of Canada

Recommendation 1

That the current Immigration and Refugee Board of Canada appointments process for the Refugee Protection Division and Immigration Division, in which merit based appointees are screened and successful applicants are hired as public servants, and for the Refugee Appeal Division and the Immigration Appeal Division, in which merit based appointments are screened and successful applicants are hired through temporary Governor in Council appointments, both be maintained, and that the Government of Canada consider reviewing both processes within three years.

Improving the assessment process of Immigration and Refugee Board members

Recommendation 2

That the screening process for selecting all members of the Immigration and Refugee Board of Canada, either in the written aptitude exam or the interview process, include the evaluation of a candidate’s awareness and understanding of discriminatory conduct and the standards of behaviour to which members of the board are to be held.

Appointing Governor in Council members to fill vacancies

Recommendation 3

That the Privy Council Office take all steps possible to expedite recommendations of suitable candidates to the Minister of Immigration, Refugees and Citizenship in order to fill any vacancies in Governor in Council appointees at the Immigration Appeal Division and the Refugee Appeal Division at the Immigration and Refugee Board of Canada.

Improving training at the Immigration and Refugee Board of Canada

Recommendation 4

That the Immigration and Refugee Board of Canada commit to a process for continuous improvement in member education, and, specifically, demonstrate improvement in member education in the areas of (a) sensitivity training, (b) trauma-informed investigation techniques and (c) credibility assessment; and that the Immigration and Refugee Board of Canada review, on a periodic basis, the effectiveness of the board’s training guidelines, including the Sexual Orientation Gender Identity Expression Guideline, as education and training tools.

Ensuring a mandatory continuing professional development for members

Recommendation 5

That the Immigration and Refugee Board of Canada institute a more rigorous policy of mandatory continuing professional development for members so that they remain informed of best practices and standards in each area of required competency, including relevant legislation, judicial decisions and procedural fairness; and that an evaluation of members’ comprehension and application of this learning play a significant part in their yearly review, with individual programs developed for members requiring additional training or mentorship, additionally, that all guidelines and training tools be continually revised and improved to ensure continuous improvement.

Establishing an independent federal review board for complaints against all federally appointed adjudicators

Recommendation 6

That the Government of Canada, through the Privy Council Office, establish a task force with representation from all departments whose portfolios involve the oversight of federal administrative tribunals to review the need for an independent review board for complaints brought by the public against federally appointed adjudicators, including members of the Immigration and Refugee Board of Canada; and to consider whether complaints processes against public service positions and Governor in Council appointments within the federal administrative tribunal framework should be subject to different levels or avenues of review.

Amending the Code of Conduct for Members of the Immigration and Refugee Board of Canada

Recommendation 7

That the Immigration and Refugee Board of Canada institute an open and transparent process for continuous improvement to its Code of Conduct and that the Immigration and Refugee Board of Canada publish within the Code possible sanctions that could be imposed on a member upon violation of the Code.

Reviewing and reporting back on the complaints process at the Immigration and Refugee Board of Canada

Recommendation 8

That the Immigration and Refugee Board of Canada report back to this Committee in February 2019 with a comprehensive report on the status of complaints against members brought under the current complaints process, and conduct a comprehensive review of the current complaints, with a particular emphasis on the need for independence in the complaints investigation and adjudication process, within three years.