Immigration Division Rules (SOR/2002-229)

Regulations are current to 2017-10-13

Marginal note:Application for early review
  •  (1) A party may make a written application to the Division requesting a detention review before the expiry of the seven-day or thirty-day period, as the case may be.

  • Marginal note:Factor

    (2) The Division may allow the application if the party sets out new facts that justify an early review of the detention.

Marginal note:Removal before detention review

 The Minister must notify the Division as soon as a permanent resident or foreign national is removed from Canada prior to a scheduled detention review.

Decisions

Marginal note:Notice to the parties
  •  (1) At the conclusion of a detention review, the member must notify the parties of the member’s decision.

  • Marginal note:Order

    (2) The member must date and sign an order for detention or release indicating the applicable provisions of the Act and provide a copy to the parties.

  • Marginal note:When decision takes effect

    (3) A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.

  • Marginal note:Request for written reasons

    (4) A request made by a party for written reasons for a decision may be made orally at the end of a detention review or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.

PART 3Rules that Apply to Both Admissibility Hearings and Detention Reviews

Information Relating to Counsel

Marginal note:Counsel’s contact information

 A permanent resident or foreign national who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the permanent resident or foreign national must without delay provide the changes in writing to the Division and the Minister.

Counsel of Record

Marginal note:Becoming counsel of record

 As soon as counsel for a permanent resident or foreign national agrees to a date for a proceeding, or becomes counsel after a date has been fixed, the counsel becomes counsel of record.

Marginal note:Withdrawal as counsel of record

 To withdraw as counsel of record, counsel must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record as soon as the Division receives the notice.

Marginal note:Removal of counsel of record

 To remove counsel as counsel of record, the permanent resident or foreign national must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record when the Division receives the notice.

Language of Proceedings

Marginal note:Changing the language of proceedings
  •  (1) A permanent resident or foreign national may make an application to the Division to change the language of the proceedings to English or French

    • (a) orally or in writing in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and

    • (b) in writing in all other cases.

  • Marginal note:Time limit

    (2) A written application must be received by the Division

    • (a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and

    • (b) in all other cases, at least five days before the hearing.

Marginal note:Requesting an interpreter
  •  (1) If a party or a 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

    • (a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and

    • (b) in all other cases, at least five days before the hearing.

  • Marginal note:Interpreter’s oath

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

Designated Representatives

Marginal note:Duty of counsel to notify the Division

 If counsel for a party believes that the Division should designate a representative for the permanent resident or foreign national in the proceedings because they are under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division and the other party 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:Requirements for being designated

 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 permanent resident or foreign national; and

  • (d) not have interests that conflict with those of the permanent resident or foreign national.

Conference

Marginal note:Requirement to participate at a conference
  •  (1) The Division may require the parties to participate at a conference to discuss issues, relevant facts and any other matter that would make the proceedings more fair and efficient.

  • Marginal note:Information or documents

    (2) The Division may require the parties to give any information or document at or before the conference.

  • Marginal note:Decisions noted

    (3) The Division must make a written record of any decisions and agreements made at the conference or state them orally at the hearing.

Fixing a Date

Marginal note:Fixing a date

 The Division must fix the date for a hearing and any other proceeding relating to the hearing. The Division may require the parties to participate in the preparation of a schedule of proceedings by appearing at a scheduling conference or otherwise providing information.

Notice to Appear

Marginal note:Notice to appear

 The Division must notify the parties, orally or in writing, of the date, time and location of a hearing.

Permanent Resident or Foreign National in Custody

Marginal note:Order

 The Division may order the person who holds a permanent resident or foreign national in custody to bring the permanent resident or foreign national to a hearing at a location specified by the Division.

Documents

Form and Language of Documents

Marginal note:Documents prepared by party
  •  (1) A document prepared for use by a party in a proceeding must be typewritten on one side of 21.5 cm by 28 cm (8½" x 11") paper and the pages must be numbered.

  • Marginal note:Photocopies

    (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one side of 21.5 cm by 28 cm (8½" x 11") paper and the pages must be numbered.

  • Marginal note:Numbered documents

    (3) A party must number consecutively each document provided by the party.

  • Marginal note:List of documents

    (4) If more than one document is provided, the party must provide a list of the documents and their numbers.

Marginal note:Language of documents
  •  (1) All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.

  • Marginal note:Language of Minister’s documents

    (2) If the Minister provides a document that is not in the language of the proceedings, the Minister must provide a translation and a translator’s declaration.

  • Marginal note:Translator’s declaration

    (3) A translator’s declaration must include the translator’s name, the language translated and a statement signed by the translator that the translation is accurate.

Disclosure of Documents

Marginal note:Disclosure of documents by a party

 If a party wants to use a document at a hearing, the party must provide a copy to the other party and the Division. The copies must be received

  • (a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and

  • (b) in all other cases, at least five days before the hearing.

 
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