Refugee Protection Division Rules (SOR/2002-228)

Regulations are current to 2012-05-14

Marginal note:Removing counsel of record
  •  (1) To remove counsel as counsel of record, the claimant or protected person must provide written notice to the Division, to counsel and to the Minister, if the Minister is a party, that counsel is no longer counsel for the claimant or protected person.

  • Marginal note:Ceasing to be counsel of record

    (2) Counsel is no longer counsel of record when the Division receives the notice.

LANGUAGE OF PROCEEDINGS

Marginal note:Choice of language — claims for refugee protection
  •  (1) The claimant must choose English or French as the language for the proceedings. The claimant must indicate that choice in the Personal Information Form.

  • Marginal note:Changing the choice of language

    (2) The claimant may change the choice of language by notifying the Division in writing. The notice must be received by the Division no later than 20 days before the next proceeding.

Marginal note:Choice of language — Applications to Vacate or Cease Refugee Protection
  •  (1) The language used by the Minister in an Application to Vacate Refugee Protection or an Application to Cease Refugee Protection is the language of the proceedings.

  • Marginal note:Changing the language of the proceedings

    (2) The protected person may change the language of the proceedings by notifying the Division in writing. The notice must be received by the Division no later than 20 days before the next proceeding.

Marginal note:Need for an interpreter
  •  (1) If a claimant needs an interpreter for the proceedings, the claimant must indicate the language or dialect of the interpreter in the Personal Information Form.

  • Marginal note:Changing the language of interpretation — claimant

    (2) If a claimant wants to change the language or dialect of interpretation chosen on their Personal Information Form, the claimant must notify the Division in writing and specify the language or dialect to be interpreted. The notice must be received by the Division no later than 20 days before the next proceeding.

  • Marginal note:Language of interpretation — protected person and witness

    (3) If a protected person or any party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division no later than 20 days before the proceeding.

  • Marginal note:Interpreter’s oath

    (4) The interpreter must take an oath or make a solemn affirmation to interpret accurately.

DESIGNATED REPRESENTATIVES

Marginal note:Duty of counsel to notify
  •  (1) If counsel for a party believes that the Division should designate a representative for the claimant or protected person in the proceedings because the claimant or protected person is under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in the case of a claimant under 18 years of age whose claim is joined with the claim of a person who is 18 years of age or older.

  • Marginal note:Requirements for being designated

    (3) To be designated as a representative, a person must

    • (a) be 18 years of age or older;

    • (b) understand the nature of the proceedings;

    • (c) be willing and able to act in the best interests of the claimant or protected person; and

    • (d) not have interests that conflict with those of the claimant or protected person.