Adjudication Division Rules (SOR/93-47)

Regulations are current to 2014-04-02

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.