Refugee Protection Division Rules (SOR/2012-256)

Marginal note:Notice to Minister of possible integrity issues before hearing

• 27 (1) If the Division believes, before a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Notice to Minister of possible integrity issues during hearing

  (2) If the Division believes, after a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister.

• Marginal note:Integrity issues

  (3) For the purpose of this rule, claims in which the possibility that issues relating to the integrity of the Canadian refugee protection system may arise include those in which there is

  • (a) information that the claim may have been made under a false identity in whole or in part;

  • (b) a substantial change to the basis of the claim from that indicated in the Basis of Claim Form first provided to the Division;

  • (c) information that, in support of the claim, the claimant submitted documents that may be fraudulent; or

  • (d) other information that the claimant may be directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

• Marginal note:Disclosure to claimant

  (4) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.

• Marginal note:Resumption of hearing

  (5) The Division must fix a date for the resumption of the hearing that is as soon as practicable,

  • (a) if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or

  • (b) if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.

Marginal note:Notice of possible inadmissibility or ineligibility

• 28 (1) The Division must without delay notify the Minister in writing and provide the Minister with any relevant information if the Division believes that

  • (a) a claimant may be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality;

  • (b) there is an outstanding charge against the claimant for an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years; or

  • (c) the claimant’s claim may be ineligible to be referred under section 101 or paragraph 104(1)(c) or (d) of the Act.

• Marginal note:Disclosure to claimant

  (2) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister.

• Marginal note:Continuation of proceeding

  (3) If, within 20 days after receipt of the notice referred to in subrule (1), the Minister does not notify the Division that the proceedings are suspended under paragraph 103(1)(a) or (b) of the Act or that the pending proceedings respecting the claim are terminated under section 104 of the Act, the Division may continue with the proceedings.

Intervention by the Minister

Marginal note:Notice of intention to intervene

• 29 (1) To intervene in a claim, the Minister must provide

  • (a) to the claimant, a copy of a notice of the Minister’s intention to intervene; and

  • (b) to the Division, the original of the notice, together with a written statement indicating how and when a copy was provided to the claimant.

• Marginal note:Contents of notice

  (2) In the notice, the Minister must state

  • (a) the purpose for which the Minister will intervene;

  • (b) whether the Minister will intervene in writing only, in person, or both; and

  • (c) the Minister’s counsel’s contact information.

• Marginal note:Intervention — exclusion clauses

  (3) If the Minister believes that section E or F of Article 1 of the Refugee Convention may apply to the claim, the Minister must also state in the notice the facts and law on which the Minister relies.

• Marginal note:Time limit

  (4) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for a hearing.

Claimant or Protected Person in Custody

Marginal note:Custody

30 The Division may order a person who holds a claimant or protected person in custody to bring the claimant or protected person to a proceeding at a location specified by the Division.

Documents

Form and Language of Documents

Marginal note:Documents prepared by party

• 31 (1) A document prepared for use by a party in a proceeding must be typewritten, in a type not smaller than 12 point, on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper.

• Marginal note:Photocopies

  (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper.

• Marginal note:List of documents

  (3) If more than one document is provided, the party must provide a list identifying each of the documents.

• Marginal note:Consecutively numbered pages

  (4) A party must consecutively number each page of all the documents provided as if they were one document.

Marginal note:Language of documents — claimant or protected person

• 32 (1) All documents used by a claimant or protected person in a proceeding must be in English or French or, if in another language, be provided together with an English or French translation and a declaration signed by the translator.

• Marginal note:Language of Minister’s documents

  (2) All documents used by the Minister in a proceeding must be in the language of the proceeding or be provided together with a translation in the language of the proceeding and a declaration signed by the translator.

• Marginal note:Translator’s declaration

  (3) A translator’s declaration must include translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.

Disclosure and Use of Documents

Marginal note:Disclosure of documents by Division

• 33 (1) Subject to subrule (2), if the Division wants to use a document in a hearing, the Division must provide a copy of the document to each party.

• Marginal note:Disclosure of country documentation by Division

  (2) The Division may disclose country documentation by providing to the parties a list of those documents or providing information as to where a list of those documents can be found on the Board’s website.

Marginal note:Disclosure of documents by party

• 34 (1) If a party wants to use a document in a hearing, the party must provide a copy of the document to the other party, if any, and to the Division.

• Marginal note:Proof that document was provided

  (2) The copy of the document provided to the Division must be accompanied by a written statement indicating how and when a copy of that document was provided to the other party, if any.

• Marginal note:Time limit

  (3) Documents provided under this rule must be received by their recipients no later than

  • (a) 10 days before the date fixed for the hearing; or

  • (b) five days before the date fixed for the hearing if the document is provided to respond to another document provided by a party or the Division.

Marginal note:Documents relevant and not duplicate

35 Each document provided by a party for use at a proceeding must

• (a) be relevant to the particular proceeding; and

• (b) not duplicate other documents provided by a party or by the Division.

Marginal note:Use of undisclosed documents

36 A party who does not provide a document in accordance with rule 34 must not use the document at the hearing unless allowed to do so by the Division. In deciding whether to allow its use, the Division must consider any relevant factors, including

• (a) the document’s relevance and probative value;

• (b) any new evidence the document brings to the hearing; and

• (c) whether the party, with reasonable effort, could have provided the document as required by rule 34.

Providing a Document

Marginal note:General provision

37 Rules 38 to 41 apply to any document, including a notice or request in writing.

Marginal note:Providing documents to Division

• 38 (1) A document to be provided to the Division must be provided to the registry office specified by the Division.

• Marginal note:Providing documents to Minister

  (2) A document to be provided to the Minister must be provided to the Minister’s counsel.

• Marginal note:Providing documents to person other than Minister

  (3) A document to be provided to a person other than the Minister must be provided to the person’s counsel if the person has counsel of record. If the person does not have counsel of record, the document must be provided to the person.

Marginal note:How to provide document

39 Unless these Rules provide otherwise, a document may be provided in any of the following ways:

• (a) by hand;

• (b) by regular mail or registered mail;

• (c) by courier;

• (d) by fax if the recipient has a fax number and the document is no more than 20 pages long, unless the recipient consents to receiving more than 20 pages; and

• (e) by email or other electronic means if the Division allows.

Marginal note:Application if unable to provide document

• 40 (1) If a party is unable to provide a document in a way required by rule 39, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.

• Marginal note:Form of application

  (2) The application must be made in accordance with rule 50.

• Marginal note:Allowing application

  (3) The Division must not allow the application unless the party has made reasonable efforts to provide the document to the person to whom the document must be provided.

Marginal note:When document received by Division

• 41 (1) A document provided to the Division is considered to be received by the Division on the day on which the document is date-stamped by the Division.

• Marginal note:When document received by recipient other than Division

  (2) A document provided by regular mail other than to the Division is considered to be received seven days after the day on which it was mailed. If the seventh day is not a working day, the document is considered to be received on the next working day.

• Marginal note:Extension of time limit — next working day

  (3) When the time limit for providing a document ends on a day that is not a working day, the time limit is extended to the next working day.

Original Documents

Marginal note:Original documents

• 42 (1) A party who has provided a copy of a document to the Division must provide the original document to the Division

  • (a) without delay, on the written request of the Division; or

  • (b) if the Division does not make a request, no later than at the beginning of the proceeding at which the document will be used.

• Marginal note:Documents referred to in paragraph 3(5)(e) or (g)

  (2) On the written request of the Division, the Minister must without delay provide to the Division the original of any document referred to in paragraph 3(5)(e) or (g) that is in the possession of an officer.

Additional Documents

Marginal note:Documents after hearing

• 43 (1) A party who wants to provide a document as evidence after a hearing but before a decision takes effect must make an application to the Division.

• Marginal note:Application

  (2) The party must attach a copy of the document to the application that must be made in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration.

• Marginal note:Factors

  (3) In deciding the application, the Division must consider any relevant factors, including

  • (a) the document’s relevance and probative value;

  • (b) any new evidence the document brings to the proceedings; and

  • (c) whether the party, with reasonable effort, could have provided the document as required by rule 34.

Witnesses

Marginal note:Providing witness information

• 44 (1) If a party wants to call a witness, the party must provide the following witness information in writing to the other party, if any, and to the Division:

  • (a) the witness’s contact information;

  • (b) a brief statement of the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s brief signed summary of the testimony to be given;

  • (c) the time needed for the witness’s testimony;

  • (d) the party’s relationship to the witness;

  • (e) in the case of an expert witness, a description of the expert witness’s qualifications; and

  • (f) whether the party wants the witness to testify by means of live telecommunication.

• Marginal note:Proof witness information provided

  (2) The witness information provided to the Division must be accompanied by a written statement indicating how and when it was provided to the other party, if any.

• Marginal note:Time limit

  (3) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for the hearing.

• Marginal note:Failure to provide witness information

  (4) If a party does not provide the witness information, the witness must not testify at the hearing unless the Division allows them to testify.

• Marginal note:Factors

  (5) In deciding whether to allow a witness to testify, the Division must consider any relevant factors, including

  • (a) the relevance and probative value of the proposed testimony; and

  • (b) the reason why the witness information was not provided.