Immigration Appeal Division Rules (SOR/2002-230)

Regulations are current to 2017-11-20

Marginal note:Use of undisclosed documents

 A party who does not provide a document as required by rule 30 may not use the document at the hearing unless allowed by the Division.

Providing a Document

Marginal note:General provision

 Rules 33 to 36 apply to any document, including a notice or request in writing.

Marginal note:Providing documents to the Division
  •  (1) A document provided to the Division must be provided to the registry office specified by the Division.

  • Marginal note:Providing documents to the Minister

    (2) A document provided to the Minister must be provided to the Minister’s counsel.

  • Marginal note:Providing documents to the subject of an appeal

    (3) A document provided to a person who is the subject of an appeal must be provided to the person or, if the person has counsel, to their counsel.

Marginal note:How to provide a document

 A document can be provided in any of the following ways:

  • (a) by hand;

  • (b) by regular mail or registered mail;

  • (c) by courier or priority post;

  • (d) by fax if the recipient has a fax number and the document has no more than 20 pages, unless the recipient consents to receiving more than 20 pages; and

  • (e) by electronic mail if the Division allows.

Marginal note:If document cannot be provided under rule 34
  •  (1) If a party is unable to provide a document in a way required by rule 34, 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 43.

  • Marginal note:Factor

    (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
  •  (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 sent by regular mail is considered received by a party

    (2) A document sent to a party by regular mail is considered to be received seven days after the day it was mailed. A document sent to a party by regular mail to or from a place outside Canada is considered to be received 20 days after the day it was mailed. If the seventh day or the twentieth day, as the case may be, is a Saturday, Sunday or statutory holiday, the document is considered to be received on the next working day.

Witnesses

Marginal note:Providing witness information
  •  (1) If a party wants to call a witness, the party must provide in writing to the other party and the Division the following witness information:

    • (a) the witness’s contact information;

    • (b) the time needed for the witness’s testimony;

    • (c) the party’s relationship to the witness;

    • (d) whether the party wants the witness to testify by videoconference or telephone; and

    • (e) in the case of an expert witness, a report signed by the expert witness giving their qualifications and summarizing their evidence.

  • Marginal note:Proof that document was provided

    (2) The witness information must be provided to the Division together with a written statement of how and when it was provided to the other party.

  • Marginal note:Time limit

    (3) Documents provided under this rule must be received by their recipients no later than 20 days before the hearing.

  • Marginal note:Failure to provide witness information

    (4) If a party does not provide the witness information as required under this rule, the witness may not testify at the hearing unless the Division allows the witness to testify.

Marginal note:Requesting a summons
  •  (1) A party who wants the Division to order a person to testify at a hearing must make a request to the Division for a summons, either orally at a proceeding or in writing.

  • Marginal note:Factors

    (2) In deciding whether to issue a summons, the Division must consider any relevant factors, including

    • (a) the necessity of the testimony to a full and proper hearing;

    • (b) the ability of the person to give that testimony; and

    • (c) whether the person has agreed to be summoned as a witness.

  • Marginal note:Using the summons

    (3) If a party wants to use a summons, the party must

    • (a) provide the summons to the summoned person by hand;

    • (b) provide a copy of the summons to the Division with a written statement of how and when the summons was provided; and

    • (c) pay or offer to pay the summoned person the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998.

Marginal note:Cancelling a summons
  •  (1) If a person summoned to appear as a witness at a proceeding wants the summons cancelled, the person must make an application in writing to the Division.

  • Marginal note:Application

    (2) The person must follow rule 43, but is not required to provide an affidavit or statutory declaration with the application.

Marginal note:Arrest warrant
  •  (1) If a person does not obey a summons to appear, the party who requested the summons may make a request to the Division orally at a hearing, or in writing, to issue a warrant for the arrest of the person.

  • Marginal note:Written request

    (2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration.

  • Marginal note:Requirements for issue of arrest warrant

    (3) The Division may issue an arrest warrant if

    • (a) the person summoned was provided the summons by hand or the person is avoiding being provided the summons;

    • (b) the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998;

    • (c) the person did not appear at the hearing as required by the summons; and

    • (d) the person’s testimony is still needed for a full and proper hearing.

  • Marginal note:Content of a warrant

    (4) A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.

Marginal note:Excluded witness

 Unless allowed by the Division, a person must not communicate to a witness excluded from a hearing room any testimony given while the witness was excluded until that witness has finished testifying.

Applications

Marginal note:General provision

 Unless these Rules provide otherwise

  • (a) a party who wants the Division to make a decision on any matter in an appeal, including the procedure to be followed, must make an application to the Division under rule 43;

  • (b) a party who wants to respond to the application must respond under rule 44; and

  • (c) a party who wants to reply to a response must reply under rule 45.

How to Make an Application

Marginal note:Form of application and time limit
  •  (1) An application must be made in writing and without delay unless

    • (a) these Rules provide otherwise; or

    • (b) the Division allows it to be made orally at a proceeding after considering any relevant factors, including whether the party with reasonable effort could have made the application in writing before the proceeding.

  • Marginal note:Content of application

    (2) Unless these Rules provide otherwise, in a written application the party must

    • (a) state what decision the party wants the Division to make;

    • (b) give reasons why the Division should make that decision; and

    • (c) if there is another party and the views of that party are known, state whether the other party agrees to the application.

  • Marginal note:Affidavit or statutory declaration

    (3) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with an application in writing must be given in a statutory declaration or affidavit that is provided together with the application.

  • Marginal note:Providing the application

    (4) A party who makes a written application must provide

    • (a) to the other party, a copy of the application and any affidavit or statutory declaration; and

    • (b) to the Division, the original application and any affidavit or statutory declaration, together with a written statement of how and when the party provided the copy to any other party.

 
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