Refugee Protection Division Rules (SOR/2012-256)

Regulations are current to 2017-09-27 and last amended on 2012-12-15. Previous Versions

How to Respond to a Written Application

Marginal note:Responding to written application
  •  (1) A response to a written application must be in writing and

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

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

  • Marginal note:Evidence in written response

    (2) Any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration, together with the application.

  • Marginal note:Providing response

    (3) A party who responds to a written application must provide

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

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

  • Marginal note:Time limit

    (4) Documents provided under subrule (3) must be received by their recipients no later than five days after the date on which the party receives the copy of the application.

How to Reply to a Written Response

Marginal note:Replying to written response
  •  (1) A reply to a written response must be in writing.

  • Marginal note:Evidence in reply

    (2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration that accompanies the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration, together with the application.

  • Marginal note:Providing reply

    (3) A party who replies to a written response must provide

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

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

  • Marginal note:Time limit

    (4) Documents provided under subrule (3) must be received by their recipients no later than three days after the date on which the party receives the copy of the response.

Changing the Location of a Proceeding

Marginal note:Application to change location
  •  (1) A party may make an application to the Division to change the location of a proceeding.

  • Marginal note:Form and content of application

    (2) The party must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration.

  • Marginal note:Time limit

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

  • Marginal note:Factors

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

    • (a) whether the party is residing in the location where the party wants the proceeding to be held;

    • (b) whether a change of location would allow the proceeding to be full and proper;

    • (c) whether a change of location would likely delay the proceeding;

    • (d) how a change of location would affect the Division’s operation;

    • (e) how a change of location would affect the parties;

    • (f) whether a change of location is necessary to accommodate a vulnerable person; and

    • (g) whether a hearing may be conducted by a means of live telecommunication with the claimant or protected person.

  • Marginal note:Duty to appear

    (5) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the location fixed and be ready to start or continue the proceeding.

Changing the Date or Time of a Proceeding

Marginal note:Application in writing
  •  (1) Subject to subrule (5), an application to change the date or time of a proceeding must be made in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration.

  • Marginal note:Time limit and content of application

    (2) The application must

    • (a) be made without delay;

    • (b) be received by the Division no later than three working days before the date fixed for the proceeding, unless the application is made for medical reasons or other emergencies; and

    • (c) include at least three dates and times, which are no later than 10 working days after the date originally fixed for the proceeding, on which the party is available to start or continue the proceeding.

  • Marginal note:Oral application

    (3) If it is not possible for the party to make the application in accordance with paragraph (2)(b), the party must appear on the date fixed for the proceeding and make the application orally before the time fixed for the proceeding.

  • Marginal note:Factors

    (4) Subject to subrule (5), the Division must not allow the application unless there are exceptional circumstances, such as

    • (a) the change is required to accommodate a vulnerable person; or

    • (b) an emergency or other development outside the party’s control and the party has acted diligently.

  • Marginal note:Counsel retained or availability of counsel provided after hearing date fixed

    (5) If, at the time the officer fixed the hearing date under subrule 3(1), a claimant did not have counsel or was unable to provide the dates when their counsel would be available to attend a hearing, the claimant may make an application to change the date or time of the hearing. Subject to operational limitations, the Division must allow the application if

    • (a) the claimant retains counsel no later than five working days after the day on which the hearing date was fixed by the officer;

    • (b) the counsel retained is not available on the date fixed for the hearing;

    • (c) the application is made in writing;

    • (d) the application is made without delay and no later than five working days after the day on which the hearing date was fixed by the officer; and

    • (e) the claimant provides at least three dates and times when counsel is available, which are within the time limits set out in the Regulations for the hearing of the claim.

  • Marginal note:Application for medical reasons

    (6) If a claimant or protected person makes the application for medical reasons, other than those related to their counsel, they must provide, together with the application, a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. A claimant or protected person who has provided a copy of the certificate to the Division must provide the original document to the Division without delay.

  • Marginal note:Content of certificate

    (7) The medical certificate must set out

    • (a) the particulars of the medical condition, without specifying the diagnosis, that prevent the claimant or protected person from participating in the proceeding on the date fixed for the proceeding; and

    • (b) the date on which the claimant or protected person is expected to be able to participate in the proceeding.

  • Marginal note:Failure to provide medical certificate

    (8) If a claimant or protected person fails to provide a medical certificate in accordance with subrules (6) and (7), they must include in their application

    • (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence;

    • (b) particulars of the medical reasons for the application, supported by corroborating evidence; and

    • (c) an explanation of how the medical condition prevents them from participating in the proceeding on the date fixed for the proceeding.

  • Marginal note:Subsequent application

    (9) If the party made a previous application that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.

  • Marginal note:Duty to appear

    (10) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the date and time fixed and be ready to start or continue the proceeding.

  • Marginal note:New date

    (11) If an application for a change to the date or time of a proceeding is allowed, the new date fixed by the Division must be no later than 10 working days after the date originally fixed for the proceeding or as soon as possible after that date.

 
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