Immigration Division Rules (SOR/2002-229)

Language of Proceedings

Marginal note:Changing the language of proceedings

• 16 (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.

• Marginal note: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.

Marginal note:Requesting an interpreter

• 17 (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.

• Marginal note:Interpreter’s oath

  (2) The interpreter must take an oath or make a solemn affirmation to interpret accurately.

Designated Representatives

Marginal note:Duty of counsel to notify the Division

18 If 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.

Marginal note:Requirements for being designated

19 To 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.

Conference

Marginal note:Requirement to participate at a conference

• 20 (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.

• Marginal note:Information or documents

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

• Marginal note: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.

Fixing a Date

Marginal note:Fixing a date

21 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

22 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

23 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

• 24 (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

• 25 (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

26 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

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

Marginal note:Providing documents to the Division

• 28 (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.

• Marginal note:Providing documents to the Minister

  (2) A document provided to the Minister must be provided to the Minister’s counsel.

• Marginal note: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.

Marginal note:How to provide a document

29 A 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.

Marginal note:If document cannot be provided under rule 29

30 If a party after making reasonable efforts is unable to provide a document in a way required by rule 29, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.

Marginal note:When a document is considered received by the Division

• 31 (1) A document provided to the Division is considered received by the Division on the day the document is date stamped by the Division.

• Marginal note: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.

Witnesses

Marginal note:Providing witness information

• 32 (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.

• Marginal note: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.

Marginal note:Application for a summons

• 33 (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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Cancelling a summons

34 A person summoned to appear may make a written application to the Division to cancel the summons.

Marginal note:Arrest warrant

• 35 (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.

• Marginal note:Supporting evidence

  (2) The party must provide supporting evidence for the written application by affidavit or statutory declaration.

• Marginal note: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.

• Marginal note:Content of a warrant

  (4) A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.