Immigration Division Rules (SOR/2002-229)

Regulations are current to 2013-04-29

Fixing a Date

Marginal note:Fixing a date

 The Division must fix the date for a hearing and any other proceeding relating to the hearing. The Division may require the parties to participate in the preparation of a schedule of proceedings by appearing at a scheduling conference or otherwise providing information.

Notice to Appear

Marginal note:Notice to appear

 The Division must notify the parties, orally or in writing, of the date, time and location of a hearing.

Permanent Resident or Foreign National in Custody

Marginal note:Order

 The Division may order the person who holds a permanent resident or foreign national in custody to bring the permanent resident or foreign national to a hearing at a location specified by the Division.

Documents

Form and Language of Documents

Marginal note:Documents prepared by party
  •  (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.

  • Marginal note: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.

  • Marginal note:Numbered documents

    (3) A party must number consecutively each document provided by the party.

  • Marginal note:List of documents

    (4) If more than one document is provided, the party must provide a list of the documents and their numbers.

Marginal note:Language of documents
  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Disclosure of documents by a party

 If 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.

How to Provide A Document

Marginal note:General provision

 Rules 28 to 31 apply to any document, including a notice or a written request or application.