Marginal note:Absence, incapacity or vacancy
160. In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Minister may authorize one of the Deputy Chairpersons or any other member of the Board to act as Chairperson.
Functioning of Board
161. (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting
(a) the referral of a claim for refugee protection to the Refugee Protection Division;
(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);
(a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, the priority to be given to proceedings, the notice that is required and the period in which notice must be given;
(b) the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rules;
(c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and
(d) any other matter considered by the Chairperson to require rules.
(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).
Marginal note:Tabling in Parliament
(2) The Minister shall cause a copy of any rule made under subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the approval of the rule by the Governor in Council.
- 2001, c. 27, s. 161;
- 2010, c. 8, s. 20;
- 2012, c. 17, ss. 49, 61, 84.
Provisions that Apply to All Divisions
Marginal note:Sole and exclusive jurisdiction
162. (1) Each Division of the Board has, in respect of proceedings brought before it under this Act, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction.
(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
Marginal note:Composition of panels
163. Matters before a Division shall be conducted before a single member unless, except for matters before the Immigration Division, the Chairperson is of the opinion that a panel of three members should be constituted.
- Date modified: