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| Head office
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154. (1) The head office of the Board shall
be in the National Capital Region as described
in the schedule to the National Capital Act.
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| Residence -
Chairperson
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(2) The Chairperson must live in the
National Capital Region or within reasonable
commuting distance of it.
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| Members
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(3) The Governor in Council is to assign the
members of the Board, other than the
members of the Immigration Division, to a
regional or district office of the Board.
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| Personnel
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155. The Executive Director and other
personnel necessary for the proper conduct of
the business of the Board shall be appointed in
accordance with the Public Service
Employment Act, and the personnel are
deemed to be employed in the Public Service
for the purposes of the Public Service
Superannuation Act.
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| Chairperson
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156. (1) The Chairperson is, by virtue of
holding that office, a member of each Division
of the Board and is the chief executive officer
of the Board. In that capacity, the Chairperson
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(a) has supervision over and direction of the
work and staff of the Board;
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(b) is responsible for assigning members to
the Refugee Protection Division, Refugee
Appeal Division and the Immigration
Appeal Division;
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(c) designates from among the full-time
members of the Board coordinating
members for a Division, other than the
Immigration Division;
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(d) assigns administrative functions to the
members of the Board;
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(e) apportions work among the members of
the Board and fixes the place, date and time
of proceedings;
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(f) takes any action that may be necessary to
ensure that the members of the Board carry
out their duties efficiently and without
undue delay;
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(g) may issue guidelines and identify
decisions as jurisprudential guides, after
consulting with the Deputy Chairpersons
and the Director General of the
Immigration Division, to assist members in
carrying out their duties; and
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(h) may appoint and, subject to the approval
of the Treasury Board, fix the remuneration
of experts or persons having special
knowledge to assist the Divisions in any
matter.
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| Delegation
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(2) The Chairperson may delegate any of
his or her powers under this Act to a member
of the Board, other than a member of the
Immigration Division, except that
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(a) powers conferred under subsection
158(1) may not be delegated;
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(b) powers referred to in paragraph (1)(a)
and (h) may be delegated to the Executive
Director of the Board; and
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(c) powers in relation to the Immigration
Division may only be delegated to the
Director General, directors or members of
that Division.
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| Absence,
incapacity or
vacancy
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157. In the event of the absence or
incapacity of the Chairperson, or if the office
of Chairperson is vacant, the Minister may
authorize one of the Deputy Chairpersons or
any other member of the Board to act as
Chairperson.
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| Rules
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158. (1) Subject to the approval of the
Governor in Council, and in consultation with
the Deputy Chairpersons and the Director
General of the Immigration Division, the
Chairperson may make rules respecting
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(a) the activities, practice and procedure of
each of the Divisions of the Board,
including priority to be given to
proceedings, the notice that is required and
the period in which it must be given;
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(b) the conduct of persons who appear
before the Board and of their counsel;
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(c) the information that may be required and
the manner in which, and the time within
which, it must be provided with respect to
a proceeding before the Board; and
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(d) any matter that is authorized by this Act
to be set out in the rules.
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| Tabling in
Parliament
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(2) The Minister shall cause a copy of any
rule made under to subsection (1) to be laid
before each House of Parliament on any of the
first 15 days on which that House is sitting
after the approval of the rule by the Governor
in Council.
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| Annual report
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159. The Chairperson shall, before the
beginning of each fiscal year, submit to the
Minister a report on the activities of the Board
in the preceding calendar year.
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| Sole and
exclusive
jurisdiction
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160. (1) Each Division of the Board has, in
respect of proceedings brought before it under
this Act, sole and exclusive jurisdiction to
hear and determine all questions of law and
fact, including questions of jurisdiction.
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| Informal,
expeditious
procedure
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(2) Each Division shall deal with all
proceedings before it as informally and
expeditiously as the circumstances and the
considerations of fairness and natural justice
permit.
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| Number of
members of a
panel
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(3) A proceeding shall be conducted by a
single member but, except for a matter before
the Immigration Division, the Chairperson
may order the matter to be heard by a panel of
three members if the Chairperson considers it
appropriate.
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| Powers of a
commissioner
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(4) The Refugee Protection Division and
the Immigration Division and each member of
those Divisions, have the powers and
authority of a commissioner appointed under
Part I of the Inquiries Act.
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| Rules for
proceedings
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161. (1) Proceedings before each Division
are to be conducted according to the following
rules:
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(a) subject to the other provisions of this
section, proceedings must be held in public
and, as far as possible, in the presence of the
interested parties;
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(b) on application or on its own initiative, a
Division shall conduct a hearing in camera,
or take any other measure it considers
necessary to ensure the confidentiality of
the proceedings, if it is established that
there is a serious possibility that the life,
liberty or security of any person would be
endangered by a public hearing;
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(c) subject to paragraph (d), proceedings
before the Refugee Protection Division and
the Immigration Division concerning a
claimant of refugee protection, proceedings
concerning cessation and vacation
applications and proceedings before the
Refugee Appeal Division must be held in
camera; and
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(d) a proceeding described in paragraph (c)
may, on application, be held in public if it
is established that there is not a serious
possibility that the life, liberty or security of
any person would be endangered, but the
Division may take other measures that it
considers necessary to ensure
confidentiality.
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| United
Nations High
Commissioner
for Refugees
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(2) A representative or agent of the United
Nations High Commissioner for Refugees is
entitled to attend and to take part in any
proceedings concerning claimants of refugee
protection or foreign nationals on whom
refugee protection has been conferred and, at
any stage of the proceedings, is entitled to
access to evidence that is adduced and to
reasons for any decision.
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| Right to
counsel
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162. (1) In proceedings before the Board, a
foreign national may, at their own expense, be
represented by a barrister or solicitor or other
counsel.
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| Representatio
n
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(2) If a foreign national who is the subject
of proceedings is under 18 years of age or
unable, in the opinion of the Division, to
appreciate the nature of the proceedings, the
Division shall designate a person to represent
the foreign national.
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| Abandonment
of claim
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163. (1) Each Division may determine that
a proceeding before it has been abandoned if
the Division is of the opinion that the applicant
is in default in the proceedings, including by
failing to appear for a hearing, to provide
information required by the Division or to
communicate with the Division on being
requested to do so.
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| Abuse of
process
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(2) Each Division may refuse to allow an
applicant to withdraw from a proceeding if it
is of the opinion that the withdrawal would be
an abuse of process under its rules.
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| Rules of
application
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164. The following rules apply with respect
to decisions of a Division, other than an
interlocutory decision:
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(a) decisions take effect when they are
rendered;
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(b) reasons for decisions must be given;
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(c) decisions may be rendered orally or in
writing, except decisions of the Refugee
Appeal Division, which must be rendered in
writing;
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(d) if the Refugee Protection Division
rejects a claim, written reasons must be
provided to the claimant and the Minister;
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(e) if the Minister or an interested party
requests reasons for a decision within 10
days of notification of the decision, or in the
circumstances set out in the rules of the
Board, the Division must provide written
reasons; and
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(f) the period in which to appeal or apply for
judicial review with respect to a decision of
the Board is calculated as of the day that the
party is notified of the decision in
accordance with the rules of the Board or
the day that written reasons are sent to the
party, whichever is later.
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| Proceedings
and right to a
hearing
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165. The Refugee Protection Division, in
any proceeding before it,
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(a) may inquire into any matter that it
considers relevant to establishing whether a
claim is well-founded;
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(b) must conduct a hearing in the presence
of the foreign national concerned, and must
notify the foreign national and the Minister
of the hearing;
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(c) must provide the Minister, on request,
with the information referred to in
subsection 94(4);
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(d) must give the foreign national and the
Minister a reasonable opportunity to
present evidence, question witnesses and
make representations;
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(e) may allow a claim for refugee protection
without a hearing, if the Minister has not
notified the Division, within the period set
out in the rules of the Board, of the
Minister's intention to intervene;
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(f) is not bound by any legal or technical
rules of evidence;
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(g) may receive and base a decision on
evidence that is adduced in the proceedings
and considered credible or trustworthy in
the circumstances; and
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(h) may take notice of any facts that may be
judicially noticed, any other generally
recognized facts and any information or
opinion that is within its specialized
knowledge.
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| Rules of
application
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166. The following rules apply with respect
to proceedings of the Refugee Appeal
Division:
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(a) the Minister may, after giving the notice
within the period that is required by the
rules, intervene in the appeal, including for
the purpose of making submissions;
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(b) the Division may take notice of any facts
that may be judicially noticed and of any
other generally recognized facts and any
information or opinion that is within its
specialized knowledge; and
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(c) a decision on a question of law that is
made by a panel of three members of the
Refugee Appeal Division is binding on the
Refugee Protection Division.
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| Composition
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167. (1) The Immigration Division consists
of the Director General and other directors and
members necessary to carry out its functions
and who are employed in accordance with the
Public Service Employment Act.
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| Powers
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(2) The Director General and the directors
of the Immigration Division have all the
powers and may carry out the duties and
functions of members of the Division.
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| Proceedings
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168. The Immigration Division, in any
proceeding before it,
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(a) must notify the Minister and the foreign
national of the proceeding and hear the
matter without delay;
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(b) is not bound by any legal or technical
rules of evidence; and
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(c) may receive and base a decision on
evidence adduced in the proceedings that it
considers credible or trustworthy in the
circumstances.
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| Court of
record
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169. (1) The Immigration Appeal Division
is a court of record and shall have an official
seal, which shall be judicially noticed.
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| Powers
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(2) The Immigration Appeal Division has
all the powers, rights and privileges vested in
a superior court of record with respect to any
matter necessary for the exercise of its
jurisdiction including the swearing and
examination of witnesses, the production and
inspection of documents and the enforcement
of its orders.
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| Proceedings
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170. The Immigration Appeal Division, in
any proceeding before it,
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(a) is not bound by any legal or technical
rules of evidence; and
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(b) may receive and base a decision on
evidence adduced in the proceedings that it
considers credible or trustworthy in the
circumstances.
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