Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2014-04-02 and last amended on 2014-02-06. Previous Versions

Marginal note:Disposition after member ceases to hold office

 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.

Marginal note:Disposition if member unable to take part

 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.

Marginal note:Immunity and no summons

 The following rules apply to the Chairperson and the members in respect of the exercise or purported exercise of their functions under this Act:

  • (a) no criminal or civil proceedings lie against them for anything done or omitted to be done in good faith; and

  • (b) they are not competent or compellable to appear as a witness in any civil proceedings.

Head Office and Staff

Marginal note:Head office
  •  (1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act.

  • Marginal note:Residence — Chairperson

    (2) The Chairperson must live in the National Capital Region or within reasonable commuting distance of it.

Marginal note:Personnel

 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.

  • 2001, c. 27, s. 158;
  • 2003, c. 22, s. 225(E).

Duties of Chairperson

Marginal note:Chairperson
  •  (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

    • (a) has supervision over and direction of the work and staff of the Board;

    • (b) may at any time assign a member appointed under paragraph 153(1)(a) to the Refugee Appeal Division or the Immigration Appeal Division;

    • (c) may at any time, despite paragraph 153(1)(a), assign a member of the Refugee Appeal Division or the Immigration Appeal Division to work in another regional or district office to satisfy operational requirements, but an assignment may not exceed 120 days without the approval of the Governor in Council;

    • (d) may designate, from among the full-time members appointed under paragraph 153(1)(a), coordinating members for the Refugee Appeal Division or the Immigration Appeal Division;

    • (e) assigns administrative functions to the members of the Board;

    • (f) apportions work among the members of the Board and fixes the place, date and time of proceedings;

    • (g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay;

    • (h) may issue guidelines in writing to members of the Board and identify decisions of the Board as jurisprudential guides, after consulting with the Deputy Chairpersons, to assist members in carrying out their duties; and

    • (i) 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.

  • Marginal note:Delegation

    (2) The Chairperson may delegate any of his or her powers under this Act to a member of the Board, except that

    • (a) powers referred to in subsection 161(1) may not be delegated;

    • (b) powers referred to in paragraphs (1)(a) and (i) may be delegated to the Executive Director of the Board;

    • (c) powers in relation to the Immigration Appeal Division and the Refugee Appeal Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons, or other members, including coordinating members, of either of those Divisions; and

    • (d) powers in relation to the Immigration Division or the Refugee Protection Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons or other members, including coordinating members, of that Division.

  • 2001, c. 27, s. 159;
  • 2010, c. 8, s. 19.