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Immigration Division Rules (SOR/2002-229)

Regulations are current to 2024-05-14

PART 3Rules that Apply to Both Admissibility Hearings and Detention Reviews (continued)

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.

Marginal note:Providing documents to the Division

  •  (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

 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

 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

  •  (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

  •  (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

  •  (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

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

Marginal note:Arrest warrant

  •  (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.

Marginal note:Excluded witness

 Unless allowed by the Division, no person shall communicate to a witness excluded from a hearing room any testimony given while the witness was excluded until that witness has finished testifying.

Applications

Marginal note:General provision

 Unless 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.

How to Make an Application

Marginal note:Application to the Division

  •  (1) Unless these Rules provide otherwise, an application must follow this rule.

  • Marginal note: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.

  • Marginal note:Procedure in oral application

    (3) For an application made orally, the Division determines the applicable procedure.

  • Marginal note: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.

  • Marginal note: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.

How to Respond to a Written Application

Marginal note:Responding to a written application

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

How to Reply to a Written Response

Marginal note:Replying to a written response

  •  (1) A reply to a written response must be in writing.

  • Marginal note: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.

  • Marginal note: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.

Non-disclosure of Information

Marginal note:Application to prohibit disclosure

  •  (1) An application made by the Minister for non-disclosure of information must be made in writing as soon as possible.

  • Marginal note: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.

  • Marginal note: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.

Changing the Location of a Hearing

Marginal note:Application to change the location of a hearing

  •  (1) A party may make an application to the Division to change the location of a hearing.

  • Marginal note: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.

  • Marginal note: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.

 

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