Refugee Protection Division Rules (SOR/2012-256)

Disclosure and Use of Documents

Marginal note:Disclosure of documents by Division

• 33 (1) Subject to subrule (2), if the Division wants to use a document in a hearing, the Division must provide a copy of the document to each party.

• Marginal note:Disclosure of country documentation by Division

  (2) The Division may disclose country documentation by providing to the parties a list of those documents or providing information as to where a list of those documents can be found on the Board’s website.

Marginal note:Disclosure of documents by party

• 34 (1) If a party wants to use a document in a hearing, the party must provide a copy of the document to the other party, if any, and to the Division.

• Marginal note:Proof that document was provided

  (2) The copy of the document provided to the Division must be accompanied by a written statement indicating how and when a copy of that document was provided to the other party, if any.

• Marginal note:Time limit

  (3) Documents provided under this rule must be received by their recipients no later than

  • (a) 10 days before the date fixed for the hearing; or

  • (b) five days before the date fixed for the hearing if the document is provided to respond to another document provided by a party or the Division.

Marginal note:Documents relevant and not duplicate

35 Each document provided by a party for use at a proceeding must

• (a) be relevant to the particular proceeding; and

• (b) not duplicate other documents provided by a party or by the Division.

Marginal note:Use of undisclosed documents

36 A party who does not provide a document in accordance with rule 34 must not use the document at the hearing unless allowed to do so by the Division. In deciding whether to allow its use, the Division must consider any relevant factors, including

• (a) the document’s relevance and probative value;

• (b) any new evidence the document brings to the hearing; and

• (c) whether the party, with reasonable effort, could have provided the document as required by rule 34.

Providing a Document

Marginal note:General provision

37 Rules 38 to 41 apply to any document, including a notice or request in writing.

Marginal note:Providing documents to Division

• 38 (1) A document to be provided to the Division must be provided to the registry office specified by the Division.

• Marginal note:Providing documents to Minister

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

• Marginal note:Providing documents to person other than Minister

  (3) A document to be provided to a person other than the Minister must be provided to the person’s counsel if the person has counsel of record. If the person does not have counsel of record, the document must be provided to the person.

Marginal note:How to provide document

39 Unless these Rules provide otherwise, a document may be provided in any of the following ways:

• (a) by hand;

• (b) by regular mail or registered mail;

• (c) by courier;

• (d) by fax if the recipient has a fax number and the document is no more than 20 pages long, unless the recipient consents to receiving more than 20 pages; and

• (e) by email or other electronic means if the Division allows.

Marginal note:Application if unable to provide document

• 40 (1) If a party is unable to provide a document in a way required by rule 39, 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:Form of application

  (2) The application must be made in accordance with rule 50.

• Marginal note:Allowing application

  (3) The Division must not allow the application unless the party has made reasonable efforts to provide the document to the person to whom the document must be provided.

Marginal note:When document received by Division

• 41 (1) A document provided to the Division is considered to be received by the Division on the day on which the document is date-stamped by the Division.

• Marginal note:When document received by recipient other than Division

  (2) A document provided by regular mail other than to the Division is considered to be received seven days after the day on which it was mailed. If the seventh day is not a working day, the document is considered to be received on the next working day.

• Marginal note:Extension of time limit — next working day

  (3) When the time limit for providing a document ends on a day that is not a working day, the time limit is extended to the next working day.

Original Documents

Marginal note:Original documents

• 42 (1) A party who has provided a copy of a document to the Division must provide the original document to the Division

  • (a) without delay, on the written request of the Division; or

  • (b) if the Division does not make a request, no later than at the beginning of the proceeding at which the document will be used.

• Marginal note:Documents referred to in paragraph 3(5)(e) or (g)

  (2) On the written request of the Division, the Minister must without delay provide to the Division the original of any document referred to in paragraph 3(5)(e) or (g) that is in the possession of an officer.

Additional Documents

Marginal note:Documents after hearing

• 43 (1) A party who wants to provide a document as evidence after a hearing but before a decision takes effect must make an application to the Division.

• Marginal note:Application

  (2) The party must attach a copy of the document to the application that must be made in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration.

• Marginal note:Factors

  (3) In deciding the application, the Division must consider any relevant factors, including

  • (a) the document’s relevance and probative value;

  • (b) any new evidence the document brings to the proceedings; and

  • (c) whether the party, with reasonable effort, could have provided the document as required by rule 34.

Witnesses

Marginal note:Providing witness information

• 44 (1) If a party wants to call a witness, the party must provide the following witness information in writing to the other party, if any, and to the Division:

  • (a) the witness’s contact information;

  • (b) a brief statement of the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s brief signed summary of the testimony to be given;

  • (c) the time needed for the witness’s testimony;

  • (d) the party’s relationship to the witness;

  • (e) in the case of an expert witness, a description of the expert witness’s qualifications; and

  • (f) whether the party wants the witness to testify by means of live telecommunication.

• Marginal note:Proof witness information provided

  (2) The witness information provided to the Division must be accompanied by a written statement indicating how and when it was provided to the other party, if any.

• Marginal note:Time limit

  (3) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for the hearing.

• Marginal note:Failure to provide witness information

  (4) If a party does not provide the witness information, the witness must not testify at the hearing unless the Division allows them to testify.

• Marginal note:Factors

  (5) In deciding whether to allow a witness to testify, the Division must consider any relevant factors, including

  • (a) the relevance and probative value of the proposed testimony; and

  • (b) the reason why the witness information was not provided.

Marginal note:Requesting summons

• 45 (1) A party who wants the Division to order a person to testify at a hearing must make a request 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;

  • (b) the person’s ability to give that testimony; and

  • (c) whether the person has agreed to be summoned as a witness.

• Marginal note:Using summons

  (3) If a party wants to use a summons, the party must

  • (a) provide the summons to the person by hand;

  • (b) provide a copy of the summons to the Division, together with a written statement indicating the name of the person who provided the summons and the date, time and place that it was provided by hand; and

  • (c) pay or offer to pay the person the applicable witness fees and travel expenses set out in Tariff A of the Federal Courts Rules.

Marginal note:Cancelling summons

• 46 (1) If a person who is summoned to appear as a witness wants the summons cancelled, the person must make an application in writing to the Division.

• Marginal note:Application

  (2) The person must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration.

Marginal note:Arrest warrant

• 47 (1) If a person does not obey a summons to appear as a witness, the party who requested the summons may make a request to the Division orally at the hearing, or in writing, to issue a warrant for the person’s arrest.

• Marginal note:Written request

  (2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration.

• Marginal note:Requirements for issue of arrest warrant

  (3) The Division must not issue a warrant unless

  • (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 Courts Rules;

  • (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 warrant

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

Marginal note:Excluded witness

48 If the Division excludes a witness from a hearing room, no person may communicate to the witness any evidence given while the witness was excluded unless allowed to do so by the Division or until the witness has finished testifying.