Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2015-05-11 and last amended on 2015-05-01. Previous Versions

Division 3.1Claim for Refugee Protection — Time Limits

Documents and Information

Marginal note:Time limit — provision of documents and information to officer
  •  (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act.

  • Marginal note:Time limit — provision of documents and information to Refugee Protection Division

    (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division.

  • Marginal note:Extension

    (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances.

  • SOR/2012-252, s. 1.

Hearing Before Refugee Protection Division

Marginal note:Time limits for hearing
  •  (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than

    • (a) in the case of a claimant referred to in subsection 111.1(2) of the Act,

      • (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and

      • (ii) 45 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and

    • (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry.

  • Marginal note:Exclusion

    (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day.

  • Marginal note:Exceptions

    (3) If the hearing cannot be held within the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing must be held as soon as feasible after that time limit:

    • (a) for reasons of fairness and natural justice;

    • (b) because of a pending investigation or inquiry relating to any of sections 34 to 37 of the Act; or

    • (c) because of operational limitations of the Refugee Protection Division.

  • SOR/2012-252, s. 1.