Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2017-09-27

Proceedings in an Appeal

Alternative Dispute Resolution Process

Marginal note:Participation in the alternative dispute resolution process
  •  (1) The Division may require the parties to participate in an alternative dispute resolution process in order to encourage the parties to resolve an appeal without a hearing.

  • Marginal note:Dispute resolution officer

    (2) The Division must assign a member of the Division or any other person to act as a dispute resolution officer for an appeal that uses the alternative dispute resolution process. A member who acts as a dispute resolution officer for an appeal must not hear that appeal.

  • Marginal note:Obligations of parties and counsel

    (3) The parties and their counsel must

    • (a) participate in the alternative dispute resolution process in good faith;

    • (b) follow the directions given by the Division with respect to the process, including the manner of participation;

    • (c) disclose to each other and the Division any document to be relied on in the process, and any document that the Division requires to be prepared or disclosed; and

    • (d) be prepared as a party, or have authority as counsel, to resolve the appeal.

  • Marginal note:Confidentiality

    (4) Any information, statement or document that any person gives in an alternative dispute resolution process is confidential. It must not be disclosed later in the appeal or made public unless

    • (a) it was obtained in a way that was not part of the alternative dispute resolution process;

    • (b) it relates to an offence under the Act, or a breach of these Rules; or

    • (c) the person who gave the information, statement or document agrees to its disclosure.

  • Marginal note:Agreement

    (5) An agreement to resolve an appeal that is reached through the alternative dispute resolution process must be in writing, signed by the parties or their counsel and approved by the Division. An agreement to resolve an appeal is not confidential under subrule (4).

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 appeal more fair and efficient.

  • Marginal note:Information or documents

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

  • Marginal note:Written record

    (3) The Division must make a written record of any decision or agreement made at the conference.

Fixing a Date for a Proceeding

Marginal note:Fixing a date

 The Division may require the parties to participate in a scheduling conference or otherwise give information to help the Division fix a date for a proceeding.

Notice to Appear

Marginal note:Notice to appear

 The Division must notify the parties of the date, time and location of a proceeding.

Subject of an Appeal in Custody

Marginal note:Custody

 The Division may order a person who holds a person who is the subject of an appeal in custody to bring the person in custody to a proceeding at the location specified by the Division.

Proceeding in Writing

Marginal note:Proceeding in writing
  •  (1) Instead of holding a hearing, the Division may require the parties to proceed in writing if this would not be unfair to any party and there is no need for the oral testimony of a witness.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to an appeal against a decision made outside Canada on the residency obligation.

Stay of Removal Order

Marginal note:Application to reconsider an appeal
  •  (1) If the Division has stayed a removal order, a party who makes an application to the Division to reconsider the appeal must

    • (a) follow rule 43, but the party is not required to give evidence in an affidavit or statutory declaration; and

    • (b) provide with their application a written statement of whether the subject of the appeal has complied with the conditions of the stay.

  • Marginal note:Response

    (2) The other party must respond to the application and provide with their response a written statement of whether the subject of the appeal has complied with the conditions of the stay.

  • Marginal note:Reconsideration on Division’s own initiative

    (3) If the Division reconsiders an appeal on its own initiative, the Division must notify the parties. The parties must provide to the Division and each other, within the time period specified by the Division, a written statement of whether the subject of the appeal has complied with the conditions of the stay.

Marginal note:Notice requirement — cancellation of stay
  •  (1) If a stay of removal is cancelled under subsection 68(4) of the Act, the Minister must provide the Division and the subject of the appeal with written notice of the cancellation.

  • Marginal note:Content of notice

    (2) In the notice, the Minister must state

    • (a) the name of the person convicted;

    • (b) the date and place of conviction;

    • (c) the offence and relevant provision of an Act of Parliament; and

    • (d) if the offence is not punishable by a maximum term of imprisonment of at least 10 years, the term of imprisonment that was imposed.

  • Marginal note:Proof that document was provided

    (3) The Minister must provide to the Division, together with the written notice, a written statement of how and when the notice was provided to the subject of the appeal.

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 — subject of the appeal
  •  (1) All documents used at a proceeding by a person who is the subject of an appeal 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 documents — Minister

    (2) All documents used by the Minister at a proceeding must be in the language of the appeal, or be provided with a translation and the 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
  •  (1) If a party wants to use a document at a hearing, the party must provide a copy to the other party and the Division.

  • Marginal note:Proof that document was provided

    (2) Together with the copy provided to the Division, the party must provide a written statement of how and when a copy was provided to the other party.

  • Marginal note:Time limit — general

    (3) Subject to subrule (4), documents provided under this rule must be received by the Division and the other party

    • (a) no later than 20 days before the hearing; or

    • (b) if the document is provided to respond to another document provided by the other party, no later than 10 days before the hearing.

  • Marginal note:Time limit — medical documents

    (4) A medical document provided in an appeal based on inadmissibility on health grounds must be received by the Division and the other party no later than 60 days before the hearing or, if the document is provided to respond to another medical document, no later than 30 days before the hearing.

 
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