Refugee Protection Division Rules (SOR/2002-228)

Marginal note:If document cannot be provided under rule 33

• 34. (1) If a party is unable to provide a document in a way required by rule 33, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.

• Marginal note:Form of application

  (2) The application must be made under rule 44.

• Marginal note:Allowing the application

  (3) The Division may allow the application if the party has made reasonable efforts to provide the document to the other party.

Marginal note:When a document is considered received by the Division

• 35. (1) A document provided to the Division is considered to be received by the Division on the day the document is date stamped by the Division.

• Marginal note:When a document provided by regular mail is considered received by a party

  (2) A document provided by regular mail to a party is considered to be received seven days after the day it was mailed. If the seventh day is a Saturday, Sunday or other statutory holiday, the document is considered to be received on the next working day.

Marginal note:Original documents

• 36. (1) A party who has provided a copy of a document to the Division must provide the original document to the Division

  • (a) without delay, on the request in writing of the Division; or

  • (b) if the Division does not make a request, no later than the beginning of the proceeding at which the document will be used.

• Marginal note:Documents mentioned in paragraph 3(2)(c)

  (2) On the request in writing of the Division, the Minister must without delay provide to the Division the original of any document mentioned in paragraph 3(2)(c) that is in the possession of an officer.

Marginal note:Additional documents after the hearing has ended

• 37. (1) A party who wants to provide a document as evidence after a hearing must make an application to the Division.

• Marginal note:Written application

  (2) The party must attach a copy of the document to the application. The application must be made under rule 44, but the party is not required to give evidence in an affidavit or statutory declaration.

• Marginal note:Factors

  (3) In deciding the application, the Division must consider any relevant factors, including:

  • (a) the document’s relevance and probative value;

  • (b) any new evidence it brings to the proceedings; and

  • (c) whether the party, with reasonable effort, could have provided the document as required by rule 29.