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Refugee Protection Division |
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Proceedings
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170. The Refugee Protection Division, in
any proceeding before it,
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Refugee Appeal Division |
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Proceedings
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171. In the case of a proceeding of the
Refugee Appeal Division,
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Immigration Division |
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Composition
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172. (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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173. The Immigration Division, in any
proceeding before it,
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Immigration Appeal Division |
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Court of
record
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174. (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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175. (1) The Immigration Appeal Division,
in any proceeding before it,
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Presence of
permanent
resident
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(2) In the case of an appeal by a permanent
resident under subsection 63(4), the
Immigration Appeal Division may, after
considering submissions from the Minister
and the permanent resident and if satisfied
that the presence of the permanent resident at
the hearing is necessary, order the permanent
resident to physically appear at the hearing, in
which case an officer shall issue a travel
document for that purpose.
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Remedial and Disciplinary Measures |
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Request
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176. (1) The Chairperson may request the
Minister to decide whether any member,
except a member of the Immigration Division,
should be subject to remedial or disciplinary
measures for a reason set out in subsection (2).
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Reasons
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(2) The request is to be based on the reason
that the member has become incapacitated
from the proper execution of that office by
reason of infirmity, has been guilty of
misconduct, has failed in the proper execution
of that office or has been placed, by conduct
or otherwise, in a position that is incompatible
with due execution of that office.
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Measures
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177. On receipt of the request, the Minister
may take one or more of the following
measures:
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Appointment
of inquirer
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178. On receipt of a request referred to in
paragraph 177(c), the Governor in Council
may, on the recommendation of the Minister
of Justice, appoint a judge of a superior court
to conduct an inquiry.
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Powers
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179. The judge has all the powers, rights
and privileges that are vested in a superior
court, including the power
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Staff
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180. The judge may engage the services of
counsel and other persons having technical or
specialized knowledge to assist the judge in
conducting the inquiry, establish the terms and
conditions of their engagement and, with the
approval of the Treasury Board, fix and pay
their remuneration and expenses.
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Exceptions to
public hearing
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181. (1) An inquiry must be held in public.
However, the judge may, on application, take
any appropriate measures and make any order
that the judge considers necessary to ensure
the confidentiality of the inquiry if, after
having considered all available alternate
measures, the judge is satisfied that there is
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Confidentialit
y of
application
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(2) If the judge considers it appropriate, the
judge may take any measures and make any
order that the judge considers necessary to
ensure the confidentiality of a hearing held in
respect of an application under subsection (1).
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Rules of
evidence
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182. (1) In conducting an inquiry, the judge
is not bound by any legal or technical rules of
evidence and may receive, and base a decision
on, evidence presented in the proceedings that
the judge considers credible or trustworthy in
the circumstances of the case.
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Intervenors
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(2) An interested party may, with leave of
the judge, intervene in an inquiry on any terms
and conditions that the judge considers
appropriate.
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Right to be
heard
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183. The member who is the subject of the
inquiry shall be given reasonable notice of the
subject-matter of the inquiry and of the time
and place of any hearing and shall be given an
opportunity, in person or by counsel, to be
heard at the hearing, to cross-examine
witnesses and to present evidence.
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Report to
Minister
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184. (1) After an inquiry has been
completed, the judge must submit a report
containing the judge's findings and
recommendations, if any, to the Minister.
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Recommendat
ions
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(2) The judge may, for any of the reasons set
out in subsection 176(2), recommend in the
report that the member be suspended without
pay or removed from office or that any other
disciplinary measure or any remedial measure
be taken.
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Transmission
of report to
Governor in
Council
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185. If the Minister receives a report of an
inquiry in which the judge makes a
recommendation, the Minister shall send the
report to the Governor in Council who may, if
the Governor in Council considers it
appropriate, suspend the member without pay,
remove the member from office or impose any
other disciplinary measure or any remedial
measure.
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Rights not
affected
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186. Nothing in sections 176 to 185 affects
any right or power of the Governor in Council
in relation to the removal of a member from
office for cause.
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PART 5 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, REPEALS AND COMING INTO FORCE |
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Transitional Provisions |
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Definition of
``former Act''
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187. For the purposes of sections 188 to
201, ``former Act'' means the Immigration
Act, chapter I-2 of the Revised Statutes of
Canada, 1985, and, where applicable, the
regulations and rules made under it.
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Continuation
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188. (1) The Immigration and Refugee
Board continued by section 57 of the former
Act is hereby continued.
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Chairperson,
Deputy
Chairpersons,
Assistant
Deputy
Chairpersons
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(2) The Chairperson, Deputy
Chairpersons and Assistant Deputy
Chairpersons appointed under the former
Act continue in the same capacity with the
Board until the expiry or revocation of their
respective appointments.
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Continua- tion - members
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(3) A member appointed under the
former Act to the Convention Refugee
Determination Division or the Immigration
Appeal Division continues in office as a
member of the Board until the expiry or
revocation of their appointment.
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Executive
Director
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(4) The person who, on the coming into
force of this section, held the office of
Executive Director of the Board is deemed
to have been appointed to that office under
section 158, without prejudice to any salary
and benefits he or she may receive by virtue
of having held that office before that
coming into force.
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Powers
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189. Sections 94.6, 102.001 to 102.003 and
107.1 of the former Act are, despite
paragraph 274(a), deemed not to be
repealed and the Minister may exercise any
of the powers described in those sections
with respect to any business or fund that
was approved by the Minister before the
coming into force of paragraph 274(a).
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Application of
this Act
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190. Every application, proceeding or
matter under the former Act that is pending
or in progress immediately before the
coming into force of this section shall be
governed by this Act on that coming into
force.
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Convention
Refugee
Determina- tion Division
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191. Every application, proceeding or
matter before the Convention Refugee
Determination Division under the former
Act that is pending or in progress
immediately before the coming into force of
this section, in respect of which substantive
evidence has been adduced but no decision
has been made, shall be continued under the
former Act by the Refugee Protection
Division of the Board.
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Immigration
Appeal
Division
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192. If a notice of appeal has been filed
with the Immigration Appeal Division
immediately before the coming into force of
this section, the appeal shall be continued
under the former Act by the Immigration
Appeal Division of the Board.
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Continuation
by
Immigration
Division
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193. Every application, proceeding or
matter before the Adjudication Division
under the former Act that is pending or in
progress immediately before the coming
into force of this section, in respect of which
substantive evidence has been adduced but
no decision has been made, shall be
continued under this Act by the
Immigration Division of the Board.
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Refugee
Protection
Division
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194. In cases referred to in section 191, a
decision by the Refugee Protection Division
following a hearing that has been
commenced by the Convention Refugee
Determination Division is not subject to an
appeal under section 110.
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Convention
Refugee
Determina- tion Division
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195. A decision made by the Convention
Refugee Determination Division before the
coming into force of this section is not
subject to an appeal under section 110.
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Appeals
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196. Despite section 192, an appeal made
to the Immigration Appeal Division before
the coming into force of this section shall be
discontinued if the appellant has not been
granted a stay under the former Act and the
appeal could not have been made because of
section 64 of this Act.
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Stays
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197. Despite section 192, if an appellant
who has been granted a stay under the
former Act breaches a condition of the stay,
the appellant shall be subject to the
provisions of section 64 and subsection
68(4) of this Act.
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Refugee
Protection
Division
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198. The Refugee Protection Division has
jurisdiction to consider decisions of the
Convention Refugee Determination
Division that are set aside by the Federal
Court or the Supreme Court of Canada,
and shall dispose of those matters in
accordance with the provisions of this Act.
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Redeter- mination
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199. Sections 112 to 114 apply to a
redetermination of a decision set aside by
the Federal Court with respect to an
application for landing as a member of the
post-determination refugee claimants in
Canada class within the meaning of the
Immigration Regulations, 1978.
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Exclusion
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200. Subsection 31(1) does not apply with
respect to persons who were permanent
residents, within the meaning of the former
Act, on the coming into force of this section.
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Regulations
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201. The regulations may provide for
measures regarding the transition between
the former Act and this Act, including
measures regarding classes of persons who
will be subject in whole or in part to this Act
or the former Act and measures regarding
financial and enforcement matters .
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