Marginal note:Requirement to participate at a conference

• 21. (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 appeal more fair and efficient.

• Marginal note:Information or documents

  (2) The Division may require the parties to give any information, or provide any document, at or before the conference.

• Marginal note:Written record

  (3) The Division must make a written record of any decision or agreement made at the conference.

Marginal note:Fixing a date

22. The Division may require the parties to participate in a scheduling conference or otherwise give information to help the Division fix a date for a proceeding.

Marginal note:Notice to appear

23. The Division must notify the parties of the date, time and location of a proceeding.

Marginal note:Custody

24. The Division may order a person who holds a person who is the subject of an appeal in custody to bring the person in custody to a proceeding at the location specified by the Division.

Marginal note:Proceeding in writing

• 25. (1) Instead of holding a hearing, the Division may require the parties to proceed in writing if this would not be unfair to any party and there is no need for the oral testimony of a witness.

• Marginal note:Exception

  (2) Subsection (1) does not apply to an appeal against a decision made outside Canada on the residency obligation.

Marginal note:Application to reconsider an appeal

• 26. (1) If the Division has stayed a removal order, a party who makes an application to the Division to reconsider the appeal must

  • (a) follow rule 43, but the party is not required to give evidence in an affidavit or statutory declaration; and

  • (b) provide with their application a written statement of whether the subject of the appeal has complied with the conditions of the stay.

• Marginal note:Response

  (2) The other party must respond to the application and provide with their response a written statement of whether the subject of the appeal has complied with the conditions of the stay.

• Marginal note:Reconsideration on Division’s own initiative

  (3) If the Division reconsiders an appeal on its own initiative, the Division must notify the parties. The parties must provide to the Division and each other, within the time period specified by the Division, a written statement of whether the subject of the appeal has complied with the conditions of the stay.