GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Protection Division Rules — 6
Claimant’s declarations 6 (1) The claimant must complete a Basis of Claim Form and sign and date the declaration set out in the form stating that (a) the information given by the claimant is complete, true and correct; and (b) the claimant understands that the declaration is of the same force and effect as if made under oath. Form completed without interpreter (2) If the claimant completes the Basis of Claim Form without an interpreter’s assistance, the claimant must sign and date the declaration set out in the form stating that they can read the language of the form and understand what information is requested. Interpreter’s declaration (3) If the claimant completes the Basis of Claim Form with an interpreter’s assistance, the interpreter must sign and date the declaration in the form stating that (a) they are proficient in the language and dialect, if any, used, and were able to communicate effectively with the claimant; (b) the completed Basis of Claim Form and all attached documents were interpreted to the claimant; and (c) the claimant indicated that the claimant understood what was interpreted.
Refugee Protection Division Rules — 7
Providing Basis of Claim Form — inland claim 7 (1) A claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the officer referred to in rule 3. Providing Basis of Claim Form — port of entry claim (2) A claimant other than a claimant referred to in subsection 99(3.1) of the Act must provide the original and a copy of the completed Basis of Claim Form to the Division. Documents to be attached (3) The claimant must attach to the original and to the copy of the completed Basis of Claim Form a copy of their identity and travel documents, genuine or not, and a copy of any other relevant documents in their possession. The claimant does not have to attach a copy of a document that has been seized by an officer or provided to the Division by an officer. Documents obtained after providing Basis of Claim Form (4) If the claimant obtains an identity or travel document after the Division has received the completed Basis of Claim Form, they must provide two copies of the document to the Division without delay. Providing Basis of Claim Form — port of entry claim (5) The Basis of Claim Form provided under subrule (2) must be (a) received by the Division within the time limit set out in the Regulations, and (b) provided in any of the following ways: (i) by hand, (ii) by courier, (iii) by fax if the document is no more than 20 pages long, unless the Division consents to receiving more than 20 pages, or (iv) by email or other electronic means if the Division allows. Original Basis of Claim Form (6) A claimant who provides the Basis of Claim Form by fax must provide the original to the Division at the beginning of the hearing.
Refugee Protection Division Rules — 8
Application for extension of time 8 (1) A claimant who makes an application for an extension of time to provide the completed Basis of Claim Form must make the application in accordance with rule 50, but the claimant is not required to give evidence in an affidavit or statutory declaration. Time limit (2) The application must be received by the Division no later than three working days before the expiry of the time limit set out in the Regulations. Application for medical reasons (3) If a claimant makes the application for medical reasons, other than those related to their counsel, they must provide, together with the application, a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. A claimant who has provided a copy of the certificate to the Division must provide the original document to the Division without delay. Content of certificate (4) The medical certificate must set out the particulars of the medical condition, without specifying the diagnosis, that prevent the claimant from providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a). Failure to provide medical certificate (5) If a claimant fails to provide a medical certificate in accordance with subrules (3) and (4), the claimant must include in their application (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence; (b) particulars of the medical reasons for the application, supported by corroborating evidence; and (c) an explanation of how the medical condition prevents them from providing the completed Basis of Claim Form in the time limit referred to in paragraph 7(5)(a). Providing Basis of Claim Form after extension granted (6) If an extension of time is granted, the claimant must provide the original and a copy of the completed Basis of Claim Form to the Division in accordance with subrules 7(2) and (3), no later than on the date indicated by the Division and by a means set out in paragraph 7(5)(b).
Refugee Protection Division Rules — 9
Changes or additions to Basis of Claim Form 9 (1) To make changes or add any information to the Basis of Claim Form, the claimant must (a) provide to the Division the original and a copy of each page of the form to which changes or additions have been made; (b) sign and date each new page and underline the changes or additions made; and (c) sign and date a declaration stating that (i) the information given by the claimant in the Basis of Claim Form, together with the changes and additions, is complete, true and correct, and (ii) the claimant understands that the declaration is of the same force and effect as if made under oath. Time limit (2) The documents referred to in subrule (1) must be provided to the Division without delay and must be received by it no later than 10 days before the date fixed for the hearing.
Refugee Protection Division Rules — 10
Standard order of questioning 10 (1) In a hearing of a claim for refugee protection, if the Minister is not a party, any witness, including the claimant, will be questioned first by the Division and then by the claimant’s counsel. Order of questioning — Minister’s intervention on exclusion issue (2) In a hearing of a claim for refugee protection, if the Minister is a party and has intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Minister’s counsel, then by the Division and then by the claimant’s counsel. Order of questioning — Minister’s intervention not on exclusion issue (3) In a hearing of a claim for refugee protection, if the Minister is a party but has not intervened on an issue of exclusion under subrule 29(3), any witness, including the claimant, will be questioned first by the Division, then by the Minister’s counsel and then by the claimant’s counsel. Order of questioning — application to vacate or cease refugee protection (4) In a hearing into an application to vacate or to cease refugee protection, any witness, including the protected person, is to be questioned first by the Minister’s counsel, then by the Division and then by the protected person’s counsel. Variation of order of questioning (5) The Division must not vary the order of questioning unless there are exceptional circumstances, including that the variation is required to accommodate a vulnerable person. Limiting questioning of witnesses (6) The Division may limit the questioning of witnesses, including a claimant or a protected person, taking into account the nature and complexity of the issues and the relevance of the questions. Oral representations (7) Representations must be made orally at the end of a hearing unless the Division orders otherwise. Oral decision and reasons (8) A Division member must render an oral decision and reasons for the decision at the hearing unless it is not practicable to do so.
Refugee Protection Division Rules — 11
Documents 11 The claimant must provide acceptable documents establishing their identity and other elements of the claim. A claimant who does not provide acceptable documents must explain why they did not provide the documents and what steps they took to obtain them.
Refugee Protection Division Rules — 12
Contact information 12 If an application to vacate or to cease refugee protection is made, the protected person must without delay notify the Division and the Minister in writing of (a) any change in their contact information; and (b) their counsel’s contact information and any limitations on the counsel’s retainer, if represented by counsel, and any changes to that information.
Refugee Protection Division Rules — 13
Declaration — counsel not representing or advising for consideration 13 If a protected person retains counsel who is not a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, both the protected person and their counsel must without delay provide the information and declarations set out in Schedule 3 to the Division in writing.
Refugee Protection Division Rules — 14
Becoming counsel of record 14 (1) Subject to subrule (2), as soon as counsel for a claimant or protected person agrees to a date for a proceeding, or as soon as a person becomes counsel after a date for a proceeding has been fixed, the counsel becomes counsel of record for the claimant or protected person. Limitation on counsel’s retainer (2) If a claimant or protected person has notified the Division of a limitation on their counsel’s retainer, counsel is counsel of record only to the extent of the services to be provided within the limited retainer. Counsel ceases to be counsel of record as soon as those services are completed.
Refugee Protection Division Rules — 15
Request to be removed as counsel of record 15 (1) To be removed as counsel of record, counsel for a claimant or protected person must first provide to the person represented and to the Minister, if the Minister is a party, a copy of a written request to be removed and then provide the written request to the Division, no later than three working days before the date fixed for the next proceeding. Oral request (2) If it is not possible for counsel to make the request in accordance with subrule (1), counsel must appear on the date fixed for the proceeding and make the request to be removed orally before the time fixed for the proceeding. Division’s permission required (3) Counsel remains counsel of record unless the request to be removed is granted.
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Removing counsel of record 16 (1) To remove counsel as counsel of record, a claimant or protected person must first provide to counsel and to the Minister, if the Minister is a party, a copy of a written notice that counsel is no longer counsel for the claimant or protected person, as the case may be, and then provide the written notice to the Division. Ceasing to be counsel of record (2) Counsel ceases to be counsel of record as soon as the Division receives the notice.
Refugee Protection Division Rules — 17
Choice of language — claim for refugee protection 17 (1) A claimant must choose English or French as the language of the proceedings at the time of the referral of their claim for refugee protection to the Division. Changing language (2) A claimant may change the language of the proceedings that they chose under subrule (1) by notifying the Division and the Minister in writing. The notice must be received by the Division and the Minister no later than 10 days before the date fixed for the next proceeding.
Refugee Protection Division Rules — 18
Choice of language — application to vacate or cease refugee protection 18 (1) The language that is chosen under rule 17 is to be the language of the proceedings in any application made by the Minister to vacate or to cease refugee protection with respect to that claim. Changing language (2) A protected person may change the language of the proceedings by notifying the Division and the Minister in writing. The notice must be received by the Division and the Minister no later than 10 days before the date fixed for the next proceeding.
Refugee Protection Division Rules — 19
Need for interpreter — claimant 19 (1) If a claimant needs an interpreter for the proceedings, the claimant must notify an officer at the time of the referral of the claim to the Division and specify the language and dialect, if any, to be interpreted. Changing language of interpretation (2) A claimant may change the language and dialect, if any, that they specified under subrule (1), or if they had not indicated that an interpreter was needed, they may indicate that they need an interpreter, by notifying the Division in writing and indicating the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding. Need for interpreter — protected person (3) If a protected person needs an interpreter for the proceedings, the protected person must notify the Division in writing and specify the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding. Need for interpreter — witness (4) If any party’s witness needs an interpreter for the proceedings, the party must notify the Division in writing and specify the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 10 days before the date fixed for the next proceeding. Interpreter’s oath (5) The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Refugee Protection Division Rules — 21
Disclosure of information from another claim 21 (1) Subject to subrule (5), the Division may disclose to a claimant personal and other information that it wants to use from any other claim if the claims involve similar questions of fact or if the information is otherwise relevant to the determination of their claim. Notice to another claimant (2) If the personal or other information of another claimant has not been made public, the Division must make reasonable efforts to notify the other claimant in writing that (a) it intends to disclose the information to a claimant; and (b) the other claimant may object to that disclosure. Request for disclosure (3) In order to decide whether to object to the disclosure, the other claimant may make a written request to the Division for personal and other information relating to the claimant. Subject to subrule (5), the Division may disclose only information that is necessary to permit the other claimant to make an informed decision. Notice to claimant (4) If the personal or other information of the claimant has not been made public, the Division must make reasonable efforts to notify the claimant in writing that (a) it intends to disclose the information to the other claimant; and (b) the claimant may object to that disclosure. Information not to be disclosed (5) The Division must not disclose personal or other information unless it is satisfied that (a) there is not a serious possibility that disclosing the information will endanger the life, liberty or security of any person; or (b) disclosing the information is not likely to cause an injustice. Information from joined claims (6) Personal or other information from a joined claim is not subject to this rule. If claims were once joined but were later separated, only personal or other information that was provided before the separation is not subject to this rule.
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Notice to parties 22 Before using any information or opinion that is within its specialized knowledge, the Division must notify the claimant or protected person and, if the Minister is present at the hearing, the Minister, and give them an opportunity to (a) make representations on the reliability and use of the information or opinion; and (b) provide evidence in support of their representations.
Refugee Protection Division Rules — 23
Claim allowed without hearing 23 For the purpose of paragraph 170(f) of the Act, the period during which the Minister must notify the Division of the Minister’s intention to intervene is no later than 10 days after the day on which the Minister receives the Basis of Claim Form.
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Requirement to participate at conference 24 (1) The Division may require the parties to participate at a conference to fix a date for a proceeding or to discuss issues, relevant facts and any other matter to make the proceedings fairer and more efficient. Information or documents (2) The Division may require the parties to give any information or provide any document, at or before the conference. Written record (3) The Division must make a written record of any decisions and agreements made at the conference.
Refugee Protection Division Rules — 25
Notice to appear 25 (1) The Division must notify the claimant or protected person and the Minister in writing of the date, time and location of the proceeding. Notice to appear for hearing (2) In the case of a hearing on a refugee claim, the notice may be provided by an officer under paragraph 3(4)(a). Date fixed for hearing (3) The date fixed for a hearing of a claim or an application to vacate or to cease refugee protection must not be earlier than 20 days after the day on which the parties receive the notice referred to in subrule (1) or (2) unless (a) the hearing has been adjourned or postponed from an earlier date; or (b) the parties consent to an earlier date.
Refugee Protection Division Rules — 26
Notice to Minister of possible exclusion before hearing 26 (1) If the Division believes, before a hearing begins, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister. Notice to Minister of possible exclusion during hearing (2) If the Division believes, after a hearing begins, that there is a possibility that section E or F of Article 1 of the Refugee Convention applies to the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister. Disclosure to claimant (3) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister. Resumption of hearing (4) The Division must fix a date for the resumption of the hearing that is as soon as practicable, (a) if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or (b) if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.
Refugee Protection Division Rules — 27
Notice to Minister of possible integrity issues before hearing 27 (1) If the Division believes, before a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must without delay notify the Minister in writing and provide any relevant information to the Minister. Notice to Minister of possible integrity issues during hearing (2) If the Division believes, after a hearing begins, that there is a possibility that issues relating to the integrity of the Canadian refugee protection system may arise from the claim and the Division is of the opinion that the Minister’s participation may help in the full and proper hearing of the claim, the Division must adjourn the hearing and without delay notify the Minister in writing and provide any relevant information to the Minister. Integrity issues (3) For the purpose of this rule, claims in which the possibility that issues relating to the integrity of the Canadian refugee protection system may arise include those in which there is (a) information that the claim may have been made under a false identity in whole or in part; (b) a substantial change to the basis of the claim from that indicated in the Basis of Claim Form first provided to the Division; (c) information that, in support of the claim, the claimant submitted documents that may be fraudulent; or (d) other information that the claimant may be directly or indirectly misrepresenting or withholding material facts relating to a relevant matter. Disclosure to claimant (4) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister. Resumption of hearing (5) The Division must fix a date for the resumption of the hearing that is as soon as practicable, (a) if the Minister responds to the notice referred to in subrule (2), after receipt of the response from the Minister; or (b) if the Minister does not respond to that notice, no earlier than 14 days after receipt of the notice by the Minister.
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Notice of possible inadmissibility or ineligibility 28 (1) The Division must without delay notify the Minister in writing and provide the Minister with any relevant information if the Division believes that (a) a claimant may be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; (b) there is an outstanding charge against the claimant for an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years; or (c) the claimant’s claim may be ineligible to be referred under section 101 or paragraph 104(1)(c) or (d) of the Act. Disclosure to claimant (2) The Division must provide to the claimant a copy of any notice or information that the Division provides to the Minister. Continuation of proceeding (3) If, within 20 days after receipt of the notice referred to in subrule (1), the Minister does not notify the Division that the proceedings are suspended under paragraph 103(1)(a) or (b) of the Act or that the pending proceedings respecting the claim are terminated under section 104 of the Act, the Division may continue with the proceedings.
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Notice of intention to intervene 29 (1) To intervene in a claim, the Minister must provide (a) to the claimant, a copy of a notice of the Minister’s intention to intervene; and (b) to the Division, the original of the notice, together with a written statement indicating how and when a copy was provided to the claimant. Contents of notice (2) In the notice, the Minister must state (a) the purpose for which the Minister will intervene; (b) whether the Minister will intervene in writing only, in person, or both; and (c) the Minister’s counsel’s contact information. Intervention — exclusion clauses (3) If the Minister believes that section E or F of Article 1 of the Refugee Convention may apply to the claim, the Minister must also state in the notice the facts and law on which the Minister relies. Time limit (4) Documents provided under this rule must be received by their recipients no later than 10 days before the date fixed for a hearing.
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Custody 30 The Division may order a person who holds a claimant or protected person in custody to bring the claimant or protected person to a proceeding at a location specified by the Division.
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Documents prepared by party 31 (1) A document prepared for use by a party in a proceeding must be typewritten, in a type not smaller than 12 point, on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. Photocopies (2) Any photocopy provided by a party must be a clear copy of the document photocopied and be on one or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper. List of documents (3) If more than one document is provided, the party must provide a list identifying each of the documents. Consecutively numbered pages (4) A party must consecutively number each page of all the documents provided as if they were one document.