Bill C-11
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PART 4 |
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IMMIGRATION AND REFUGEE BOARD |
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Composition of Board |
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Immigration
and Refugee
Board
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151. The Immigration and Refugee Board
consists of the Refugee Protection Division,
the Refugee Appeal Division, the
Immigration Division and the Immigration
Appeal Division.
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Composition
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152. The Board is composed of a
Chairperson and other members as are
required to ensure the proper functioning of
the Board.
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Chairperson
and other
members
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153. (1) The Chairperson and members of
the Refugee Protection Division, Refugee
Appeal Division and Immigration Appeal
Division
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Deputy
Chairperson
and Assistant
Deputy
Chairpersons
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(2) One Deputy Chairperson for each
Division referred to in subsection (1) and not
more than 10 Assistant Deputy Chairpersons
are to be designated by the Governor in
Council from among the full-time members of
those Divisions.
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Full-time and
part-time
appointments
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(3) The Chairperson and the Deputy
Chairpersons and Assistant Deputy
Chairpersons of the Divisions referred to in
subsection (1) are appointed on a full-time
basis and the other members are appointed on
a full-time or part-time basis.
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Qualification
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(4) The Deputy Chairperson of the
Immigration Appeal Division and a majority
of the Assistant Deputy Chairpersons of that
Division and at least 10 per cent of the
members of the Divisions referred to in
subsection (1) must be members of at least five
years standing at the bar of a province or
notaries of at least five years standing at the
Chambre des notaires du Québec.
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Disposition
after member
ceases to hold
office
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154. A former member of the Board, within
eight weeks after ceasing to be a member, may
make or take part in a decision on a matter that
they heard as a member, if the Chairperson so
requests. For that purpose, the former member
is deemed to be a member.
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Disposition if
member
unable to take
part
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155. If a member of a three-member panel
is unable to take part in the disposition of a
matter that the member has heard, the
remaining members may make the disposition
and, for that purpose, are deemed to constitute
the applicable Division.
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Immunity and
no summons
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156. The following rules apply to the
Chairperson and the members in respect of the
exercise or purported exercise of their
functions under this Act:
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Head Office and Staff |
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Head office
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157. (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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Personnel
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158. 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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Duties of Chairperson |
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Chairperson
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159. (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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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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Absence,
incapacity or
vacancy
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160. 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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Functioning of Board |
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Rules
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161. (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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Tabling in
Parliament
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(2) The Minister shall cause a copy of any
rule made under 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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Provisions that Apply to All Divisions |
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Sole and
exclusive
jurisdiction
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162. (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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Procedure
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(2) Each Division shall deal with all
proceedings before it as informally and
quickly as the circumstances and the
considerations of fairness and natural justice
permit.
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Composition
of panels
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163. Matters before a Division shall be
conducted before a single member unless,
except for matters before the Immigration
Division, the Chairperson is of the opinion
that a panel of three members should be
constituted.
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Presence of
parties
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164. Where a hearing is held by a Division,
it may, in the Division's discretion, be
conducted in the presence of, or by a means of
live telecommunication with, the person who
is the subject of the proceedings.
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Powers of a
commissioner
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165. 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 and may do any other thing
they consider necessary to provide a full and
proper hearing.
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Proceedings
- all
Divisions
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166. Proceedings before a Division are to be
conducted as follows:
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Right to
counsel
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167. (1) Both a person who is the subject of
Board proceedings and the Minister may, at
their own expense, be represented by a
barrister or solicitor or other counsel.
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Representa- tion
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(2) If a person who is the subject of
proceedings is under 18 years of age or unable,
in the opinion of the applicable Division, to
appreciate the nature of the proceedings, the
Division shall designate a person to represent
the person.
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Abandonment
of proceeding
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168. (1) A 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) A 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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Decisions and
reasons
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169. In the case of a decision of a Division,
other than an interlocutory decision:
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