Definitions1The following definitions apply in these Rules.Act means the Immigration and Refugee Protection Act. (Loi)admissibility hearing means a hearing held under subsection 44(2) of the Act. (enquête)contact information means a person’s name, postal address and telephone number and the person’s fax number and electronic mail address, if any. (coordonnées)detention review means a forty-eight hour review, a seven-day review and a thirty-day review. (contrôle des motifs de détention)Division means the Immigration Division. (Section)forty-eight hour review means the review of the reasons for continued detention under subsection 57(1) of the Act. (contrôle des quarante-huit heures)party means a permanent resident or foreign national, as the case may be, and the Minister. (partie)proceeding means an admissibility hearing, a detention review, a conference or an application. (procédure)registry office means a business office of the Division. (greffe)seven-day review means the review of the reasons for continued detention required to be held during the seven days following a forty-eight hour review, under subsection 57(2) of the Act. (contrôle des sept jours)thirty-day review means the review of the reasons for continued detention required to be held during the thirty days following each previous review, under subsection 57(2) of the Act. (contrôle des trente jours)

Information provided by the Minister3When the Minister requests the Division to hold an admissibility hearing, the Minister must provide to the Division and the permanent resident or foreign national, as the case may be, any relevant information or document that the Minister may have, including(a)the name and other contact information in Canada of the permanent resident or foreign national;(b)the person’s date of birth, sex and citizenship;(c)whether the person is single, married, separated or divorced or is a common-law partner;(d)the inadmissibility report and the Minister’s referral;(e)whether the person has made a claim for refugee protection;(f)the name and address of the place of detention, if the person is detained;(g)the language — English or French — chosen by the person for communicating with the Division;(h)if an interpreter is required, the language or dialect to be interpreted;(i)if the person has counsel, the counsel’s contact information;(j)the client identification number given to the person by the Department of Citizenship and Immigration;(k)the names, sex, date of birth, citizenship, and other contact information of any family member whose case has been referred to the Division, and the client identification number given to them by the Department of Citizenship and Immigration;(l)the date on which the Minister makes the request;(m)the name and title of the Minister’s counsel;(n)whether the Minister has made an application for non-disclosure of information;(o)whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings; and(p)the evidence to be presented by the Minister.

Abuse of process5(1)Withdrawal of a request for an admissibility hearing is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the proceedings, withdrawal of a request is not an abuse of process.Withdrawal if no evidence has been accepted(2)If no substantive evidence has been accepted in the proceedings, the Minister may withdraw a request by notifying the Division orally at a proceeding or in writing. If the Minister notifies in writing, the Minister must provide a copy of the notice to the other party.Withdrawal if evidence has been accepted(3)If substantive evidence has been accepted in the proceedings, the Minister must make a written application to the Division in order to withdraw a request.

Application for reinstatement of withdrawn request6(1)The Minister may make a written application to the Division to reinstate a request for an admissibility hearing that was withdrawn.Factors(2)The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.

Favourable decision7(1)If the decision at the conclusion of an admissibility hearing is in favour of the permanent resident or foreign national, the member making the decision must date and sign a notice of decision and provide a copy to the parties.Unfavourable decision(2)If the decision is not in favour of the permanent resident or foreign national, the member must date and sign an order indicating the applicable provisions of the Act and provide a copy to the parties. The member must also notify the permanent resident or foreign national of(a)their right to appeal to the Immigration Appeal Division; or(b)if they do not have the right to appeal, their right to file an application for judicial review in the Federal Court.When decision takes effect(3)A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.Request for written reasons(4)A request made by a party for written reasons for a decision may be made orally at the end of an admissibility hearing or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.

Information provided by the Minister8(1)If a foreign national or a permanent resident is subject to a detention review, the Minister must provide the Division and the person detained with the following information:(a)the person’s name, sex, date of birth and citizenship;(b)whether the person is single, married, separated or divorced or is a common-law partner;(c)whether the person has made a claim for refugee protection;(d)the language — English or French — chosen by the person for communicating with the Division;(e)if an interpreter is required, the language or dialect to be interpreted;(f)if the person has counsel, the counsel’s contact information;(g)the date and time that the person was first placed in detention;(h)the name and address of the place where the person is being detained;(i)whether the Minister is seeking a detention review after the first forty-eight hour detention or after a seven-day or thirty-day review;(j)the identification number given to the person by the Department of Citizenship and Immigration;(k)the provision of the Act under which the review of the reasons for continued detention is required;(l)whether an application for non-disclosure of information has been made; and(m)whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings.Time limit(2)The information must be received by the Division and the person detained(a)in the case of a forty-eight hour review, as soon as possible; and(b)in the case of a seven-day or thirty-day review, at least three days before the date fixed for the review.

Notice to the parties11(1)At the conclusion of a detention review, the member must notify the parties of the member’s decision.Order(2)The member must date and sign an order for detention or release indicating the applicable provisions of the Act and provide a copy to the parties.When decision takes effect(3)A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.Request for written reasons(4)A request made by a party for written reasons for a decision may be made orally at the end of a detention review or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.

Counsel’s contact information12A permanent resident or foreign national who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the permanent resident or foreign national must without delay provide the changes in writing to the Division and the Minister.

Changing the language of proceedings16(1)A permanent resident or foreign national may make an application to the Division to change the language of the proceedings to English or French(a)orally or in writing in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in writing in all other cases.Time limit(2)A written application must be received by the Division(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.

Requesting an interpreter17(1)If a party or a party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.Interpreter’s oath(2)The interpreter must take an oath or make a solemn affirmation to interpret accurately.

Duty of counsel to notify the Division18If counsel for a party believes that the Division should designate a representative for the permanent resident or foreign national in the proceedings because they are under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division and the other party in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.

Requirements for being designated19To be designated as a representative, a person must(a)be 18 years of age or older;(b)understand the nature of the proceedings;(c)be willing and able to act in the best interests of the permanent resident or foreign national; and(d)not have interests that conflict with those of the permanent resident or foreign national.

Requirement to participate at a conference20(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 proceedings more fair and efficient.Information or documents(2)The Division may require the parties to give any information or document at or before the conference.Decisions noted(3)The Division must make a written record of any decisions and agreements made at the conference or state them orally at the hearing.

Documents prepared by party24(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.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.Numbered documents(3)A party must number consecutively each document provided by the party.List of documents(4)If more than one document is provided, the party must provide a list of the documents and their numbers.

Language of documents25(1)All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.Language of Minister’s documents(2)If the Minister provides a document that is not in the language of the proceedings, the Minister must provide a translation and a translator’s declaration.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 by a party26If a party wants to use a document at a hearing, the party must provide a copy to the other party and the Division. The copies must be received(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.

Providing documents to the Division28(1)A document provided to the Division must be provided to a Division member at a proceeding or to the registry office specified by the Division.Providing documents to the Minister(2)A document provided to the Minister must be provided to the Minister’s counsel.Providing documents to a permanent resident or foreign national(3)A document provided to a permanent resident or foreign national must be provided to them or, if they have counsel, to their counsel.

How to provide a document29A document can be provided in 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.

When a document is considered received by the Division31(1)A document provided to the Division is considered received by the Division on the day the document is date stamped by the Division.When a document provided by regular mail is considered received by a party(2)A document provided by regular mail to a party is considered to be received seven days after the day it was mailed. If the seventh day is a Saturday, Sunday or other statutory holiday, the document is considered to be received on the next working day.

Providing witness information32(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 purpose and substance of the witness’s testimony or, in the case of an expert witness, a summary of the testimony to be given signed by the expert witness;(b)the time needed for the witness’s testimony;(c)the party’s relationship to the witness;(d)in the case of an expert witness, a description of their qualifications;(e)whether the party wants the witness to testify by videoconference or telephone; and(f)the number of witnesses that the party intends to call.Time limit(2)The witness information must be received by the Division and the other party(a)as soon as possible in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.

Application for a summons33(1)A party who wants the Division to order a person to testify at a hearing must make an application to the Division for a summons, either orally at a proceeding or in writing.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; and(b)the ability of the person to give that testimony.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.

Arrest warrant35(1)If a person does not obey a summons to appear, the party who requested the summons may make a written application to the Division to issue a warrant for the arrest of the person.Supporting evidence(2)The party must provide supporting evidence for the written application by affidavit or statutory declaration.Requirements for issue of arrest warrant(3)The Division may issue a warrant if(a)the person 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.Content of a warrant(4)A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.

General provision37Unless these Rules provide otherwise, a party(a)who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division under rule 38;(b)who wants to respond to the application must respond under rule 39; and(c)who wants to reply to a response must reply under rule 40.

Application to the Division38(1)Unless these Rules provide otherwise, an application must follow this rule.Time limit and form of application(2)The application must be made orally or in writing, and as soon as possible or within the time limit provided in the Act or these Rules.Procedure in oral application(3)For an application made orally, the Division determines the applicable procedure.Content of written application(4)A party who makes a written application must(a)state the decision that the party wants the Division to make;(b)give reasons why the Division should make that decision;(c)include any evidence that the party wants the Division to consider in deciding the application; and(d)in the case of an application that is not specified in these Rules, include supporting evidence in the form of a statutory declaration or affidavit.Providing the application(5)A party who makes a written application must provide(a)to the other party, a copy of the application; and(b)to the Division, the original application, together with a written statement of how and when the party provided the copy to the other party.

Responding to a written application39(1)A response to a written application must be in writing. In a response the party must(a)state the decision the party wants the Division to make;(b)give reasons why the Division should make that decision;(c)include any evidence that the party wants the Division to consider when it decides the application; and(d)include supporting evidence in the form of a statutory declaration or affidavit, if the response is to an application that is not provided for by these Rules.Providing the response(2)A party who responds to a written application must provide(a)to the other party, a copy of the response; and(b)to the Division, the original response, together with a written statement of how and when the party provided the copy to the other party.Time limit(3)Documents provided under this rule must be received by their recipients(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, no later than five days after the party received a copy of the application.

Replying to a written response40(1)A reply to a written response must be in writing.Providing the reply(2)A party who replies must provide(a)to the other party, a copy of the reply; and(b)to the Division, the original reply, together with a written statement of how and when the party provided the copy to the other party.Time limit(3)Documents provided under this rule must be received by their recipients(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, no later than three days after the party received a copy of the response.

Application to prohibit disclosure41(1)An application made by the Minister for non-disclosure of information must be made in writing as soon as possible.Exclusion from hearing room(2)If an application is made during a hearing, the Division must exclude the permanent resident or foreign national, and their counsel, from the hearing room.Providing summary to the Minister(3)The summary that the Division proposes to provide to the permanent resident or foreign national under paragraph 78(h) of the Act may be provided to the Minister by any means that ensures its confidentiality.

Application to change the location of a hearing42(1)A party may make an application to the Division to change the location of a hearing.Factors(2)In deciding the application, the Division must consider any relevant factors, including(a)whether a change of location would allow the hearing to be full and proper;(b)whether a change of location would likely delay or slow the hearing;(c)how a change of location would affect the operation of the Division;(d)how a change of location would affect the parties; and(e)whether a change of location would endanger public safety.Duty to appear at the hearing(3)Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the location fixed and be ready to start or continue the hearing.

Application to change the date or time of a hearing43(1)A party may make an application to the Division to change the date or time of a hearing.Factors(2)In deciding the application, the Division must consider any relevant factors, including(a)in the case of a date and time that was fixed after the Division consulted or tried to consult the party, the existence of exceptional circumstances for allowing the application;(b)when the party made the application;(c)the time the party has had to prepare for the hearing;(d)the efforts made by the party to be ready to start or continue the hearing;(e)the nature and complexity of the matter to be heard;(f)whether the party has counsel;(g)any previous delays and the reasons for them;(h)whether the time and date fixed for the hearing was peremptory; and(i)whether allowing the application would unreasonably delay the proceedings or likely cause an injustice.Duty to appear at the hearing(3)Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the date and time fixed and be ready to start or continue the hearing.

Application to join hearings44(1)A party may make an application to the Division to join hearings.Application to separate hearings(2)A party may make an application to the Division to separate hearings that are joined.Factors(3)Before deciding an application, the Division must consider any information provided by the applicant and any other relevant information, including(a)whether the hearings involve similar questions of law or fact;(b)whether allowing the application would promote the efficient administration of the work of the Division; and(c)whether allowing the application would likely cause an injustice.

Application for proceeding conducted in private45(1)A person who makes an application to the Division to have a proceeding conducted in private must apply in writing and follow this rule.Content of application(2)In the application, the person must state the decision that the person wants the Division to make, and may request that the hearing of the application be conducted in private.Providing the application(3)The person must provide a copy of the application to the parties and the original application to the Division.Time limit(4)A document provided under this rule must be received by its recipient(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.Hearing of the application(5)At the hearing, the person must give reasons why the Division should conduct the proceeding in private and present any evidence that the person wants the Division to consider in deciding the application.

Application for proceeding conducted in public46(1)A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule.Content of application(2)In the application, the person must(a)state the decision that the person wants the Division to make;(b)give reasons why the Division should make that decision; and(c)include any evidence that the person wants the Division to consider in deciding the application.Providing the application(3)The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.Time limit(4)A document provided under this rule must be received by the Division(a)as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and(b)in all other cases, at least five days before the hearing.

Notice of constitutional question47(1)A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.Form and content of notice(2)The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes(a)the name of the party;(b)the Division file number;(c)the date, time and place of the hearing;(d)the specific legislative provision that is being challenged;(e)the relevant facts relied on to support the constitutional challenge; and(f)a summary of the legal argument to be made in support of the constitutional challenge.Providing the notice(3)The party must provide(a)a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;(b)a copy of the notice to the other party; and(c)the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).Time limit(4)Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.2002, c. 8, s. 182