Bill C-11

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	Refugee Protection Division
Proceedings	170. The Refugee Protection Division, in any proceeding before it,
	(a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;
	(b) must hold a hearing;
	(c) must notify the person who is the subject of the proceeding and the Minister of the hearing;
	(d) must provide the Minister, on request, with the documents and information referred to in subsection 100(4);
	(e) must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;
	(f) may, despite paragraph (b), 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;
	(g) is not bound by any legal or technical rules of evidence;
	(h) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and
	(i) 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.
	Refugee Appeal Division
Proceedings	171. In the case of a proceeding of the Refugee Appeal Division,
	(a) the Minister may, after giving notice within the period that is required by the rules, intervene in the appeal, including for the purpose of filing submissions;
	(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
	(c) a decision of a panel of three members of the Refugee Appeal Division has, for the Refugee Protection Division and for a panel of one member of the Refugee Appeal Division, the same precedential value as a decision of an appeal court has for a trial court.
	Immigration Division
Composition	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.
Powers	(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.
Proceedings	173. The Immigration Division, in any proceeding before it,
	(a) must, where practicable, hold a hearing;
	(b) must give notice of the proceeding to the Minister and to the person who is the subject of the proceeding and hear the matter without delay;
	(c) is not bound by any legal or technical rules of evidence; and
	(d) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
	Immigration Appeal Division
Court of record	174. (1) The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed.
Powers	(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.
Proceedings	175. (1) The Immigration Appeal Division, in any proceeding before it,
	(a) must, in the case of an appeal under subsection 63(4), hold a hearing;
	(b) is not bound by any legal or technical rules of evidence; and
	(c) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
Presence of permanent resident	(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.
	Remedial and Disciplinary Measures
Request	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).
Reasons	(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.
Measures	177. On receipt of the request, the Minister may take one or more of the following measures:
	(a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;
	(b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;
	(c) request of the Governor in Council that an inquiry be held under section 178; or
	(d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this section or sections 178 to 185.
Appointment of inquirer	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.
Powers	179. The judge has all the powers, rights and privileges that are vested in a superior court, including the power
	(a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
	(b) to administer oaths and examine any person on oath.
Staff	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.
Exceptions to public hearing	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
	(a) a real and substantial risk that matters involving public security will be disclosed;
	(b) a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
	(c) a serious possibility that the life, liberty or security of a person will be endangered.
Confidentia- lity of application	(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).
Rules of evidence	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.
Intervenors	(2) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.
Right to be heard	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.
Report to Minister	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.
Recommenda- tions	(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.
Transmission of report to Governor in Council	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.
Rights not affected	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.
	PART 5
	TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE
	Transitional Provisions
Definition of ``former Act''	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.
Continuation	188. (1) The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued.
Chairperson, Deputy Chairpersons, Assistant Deputy Chairpersons	(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.
Continua- tion - members	(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.
Executive Director	(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.
Powers	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).
Application of this Act	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.
Convention Refugee Determina- tion Division	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.
Immigration Appeal Division	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.
Continuation by Immigration Division	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.
Refugee Protection Division	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.
Convention Refugee Determina- tion Division	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.
Appeals	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.
Stays	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.
Refugee Protection Division	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.
Redeter- mination	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.
Exclusion	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.
Regulations	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.