Adjudication Division Rules (SOR/93-47)

Regulations are current to 2017-10-13

Official Languages

 At least 15 days before the date set for a conference or hearing, as the case may be, the person concerned shall notify the Adjudication Division, in writing, of the official language in which the person concerned chooses the conference or hearing to be conducted.

Interpreter

  •  (1) The Adjudication Division shall provide an interpreter to assist a party or a party’s witness where the party advises the Adjudication Division, in writing, at least 15 days before the date set for a conference or hearing, as the case may be, that the party or witness does not understand or speak the language in which the conference or hearing is to be conducted, or is hearing impaired.

  • (2) The interpreter shall take an oath or make a solemn affirmation to interpret accurately any statements made, and to translate accurately any documents that the Adjudication Division may require to be translated, in the course of the conference or hearing.

Conferences

  •  (1) The Adjudication Division may direct the parties, by a notice to appear, to attend a conference, that is to be held before or during a hearing, on any matter related to the inquiry, in order to provide for a full and proper hearing and to dispose of the inquiry expeditiously.

  • (2) At the conference the participants shall

    • (a) exchange the names and addresses of witnesses that they intend to call, copies of any document that they intend to produce and of any statement of the facts, information and opinions of which they are in possession and that they intend to produce as evidence at the hearing; and

    • (b) attempt to agree on means of simplifying the hearing and, as far as possible, define any pertinent issues, agree upon certain facts and receive documents.

  • (3) An agreement concluded at a conference shall be in writing and signed by the participants or given orally at the hearing and shall govern the hearing to the extent that the Adjudication Division considers appropriate in order to provide for a full and proper hearing and to dispose of the inquiry expeditiously.

  • (4) Forthwith after a conference, the adjudicator shall forward to the registry any written agreement concluded and a true copy of any documents that have been received during the conference.

Disclosure

 A party who intends to call an expert witness at a hearing shall, at least 20 days before the date set for the hearing, serve on the other party a report signed by the expert witness, setting out the name, address and qualifications of the expert witness and a brief summary of the substance of the proposed testimony of the expert witness.

Applications for Confidentiality

 An application referred to in subsection 29(2) or 103(10) of the Act shall be made to the Adjudication Division by motion in accordance with subrules 20(2) to (7).

Witnesses

 A party who calls a witness shall pay the witness the applicable fees and allowances set out in the Federal Court Rules.

  •  (1) The Adjudication Division may, at the request of a party or of its own motion, exclude witnesses from a hearing until they are called to testify.

  • (2) No person may communicate to a witness who has been excluded pursuant to subrule (1) any evidence or testimony that is given during the course of a hearing until after the witness has testified.

  •  (1) A party who makes an application to summon a witness shall do so in writing and shall file it at the registry.

  • (2) Where a person fails to comply with a summons, the party who applied for the issuance of the summons may make an application in writing, accompanied by an affidavit setting out the facts on which the application is based, to the Adjudication Division for a warrant and shall file the application at the registry.

  • (3) An application made under to subrule (2) shall contain information to establish that

    • (a) the person named in the summons was served with the summons and was paid or offered a reasonable amount of attendance money but failed to comply with the requirements of the summons; and

    • (b) the appearance of the person named in the summons is necessary to ensure a full and proper hearing.

  • (4) A warrant issued on an application made under subrule (2) that directs a peace officer to cause the person named therein to be apprehended anywhere in Canada shall indicate the measures to be taken by the peace officer in respect of the detention or release of the person.

  • (5) The measures referred to in subrule (4) may include

    • (a) detaining the person in custody and forthwith bringing the person before the Adjudication Division; and

    • (b) releasing the person on a recognizance, with or without sureties, conditional on the person’s appearance at the date, time and place specified, to give or produce evidence at a hearing before the Adjudication Division.

Person Concerned in Custody

 Where a person concerned is detained, the Adjudication Division may order the person who detains the person concerned to bring the latter in custody to a conference or hearing held in respect of the person concerned.

Applications

  •  (1) Subject to subrule (2), every application that is provided for in these Rules, except an application referred to in rules 14 and 17 and subrule 21(3), shall be

    • (a) made by a party in writing;

    • (b) filed at the registry; and

    • (c) served on the other party.

  • (2) A party may make an application that is provided for in these Rules orally at a hearing where the adjudicator is satisfied that no injustice is likely to be caused to any party thereby.

  • (3) The Adjudication Division may determine an application when it is satisfied that all parties have been given a reasonable opportunity to make representations.

Motions

  •  (1) Every application that is not provided for in these Rules shall be made by a party to the Adjudication Division by motion, unless, where the application is made during a hearing, the adjudicator decides that, in the interests of justice, the application should be dealt with in some other manner.

  • (2) The motion shall consist of

    • (a) a notice specifying the grounds on which the motion is made;

    • (b) an affidavit setting out the facts on which the motion is based; and

    • (c) a concise statement of the law and of the arguments that are relied on by the applicant.

  • (3) The motion shall be

    • (a) served on the other party to the proceeding; and

    • (b) filed in duplicate, together with proof of service thereof, at the registry within five days after the date of service.

  • (4) Evidence in support of a motion shall be introduced by affidavit, unless the Adjudication Division decides that, in the interests of justice, the evidence should be introduced in some other manner.

  • (5) The other party may, within seven days after being served with a motion, file at the registry a reply stating concisely the law and arguments relied on by the party, accompanied by an affidavit setting out the facts on which the reply is based.

  • (6) The applicant may, within seven days after being served with a reply, file a response thereto at the registry.

  • (7) A copy of the reply and affidavit filed pursuant to subrule (5) and of the response filed pursuant to subrule (6) shall be served on the other party within seven days after the date of service of the motion or reply, as the case may be.

  • (8) The Adjudication Division, on being satisfied that no injustice is likely to be caused, may dispose of a motion without a hearing.

Decisions

  •  (1) Where, at the conclusion of an inquiry, the adjudicator decides to make a removal order or conditional removal order against a person concerned, the adjudicator shall

    • (a) date and sign the order and decision that sets out the basis on which the order was made; and

    • (b) where the person concerned does not have grounds to appeal the decision to the Appeal Division pursuant to section 70 of the Act, inform the person and the person’s counsel by a notice in writing of the person’s right to file an application for leave to commence an application under section 18.1 of the Federal Courts Act.

  • (2) A copy of the documents referred to in paragraphs (1)(a) and (b) shall be

    • (a) where the parties or their counsel, or both, are present when the Adjudicator makes the order, given forthwith to the parties or their counsel or both, as the case may be; and

    • (b) where the parties or their counsel, or both, are absent when the adjudicator makes the order, served on the parties or their counsel or both, as the case may be.

  • (3) The adjudicator shall, upon a request in writing of a party that is filed within 10 days after the conclusion of an inquiry, provide written reasons for the adjudicator’s decision.

  • 2002, c. 8, s. 182.
 
Date modified: