GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration Appeal Division Rules, 2022 — 44
Duty to notify — inability to appreciate proceedings 44 (1) If counsel for a party believes that the Division should designate a representative for a person because the person is unable to appreciate the nature of the proceedings, counsel must notify the Division in writing without delay. Exception (2) Counsel is not required to notify the Division under subrule (1) if the appeal is against a decision made at an admissibility hearing and the Immigration Division designated a representative for the person.
Immigration Appeal Division Rules, 2022 — 45
Purpose of counsel’s notice 45 The purpose of a notice under rule 43 or 44 is to assist the Division in determining whether, in accordance with subsection 167(2) of the Act, it must designate a representative.
Immigration Appeal Division Rules, 2022 — 46
Content of notice 46 A notice provided under rule 43 or 44 must (a) indicate whether counsel is aware of a person in Canada who meets the requirements to be designated as a representative and, if they are aware, provide the person’s contact information; (b) indicate the reasons why counsel believes that a representative should be designated; and (c) be accompanied by any available documents supporting the designation.
Immigration Appeal Division Rules, 2022 — 47
Factors to consider 47 When determining whether a person is unable to appreciate the nature of the proceedings, the Division must consider any relevant factors, including (a) whether the person can understand the reason for the proceeding and can instruct counsel; (b) the person’s statements and behaviour at the proceeding; (c) expert evidence, if any, on the person’s intellectual or physical faculties, age or mental condition; and (d) whether the person has had a representative designated for them for a proceeding in a division other than the Immigration Division.
Immigration Appeal Division Rules, 2022 — 48
Criteria for designated representative 48 Before designating a person as a representative, the Division must be satisfied that the person (a) is 18 years of age or older; (b) understands the nature of the proceedings; (c) is willing and able to act in the best interests of the person they are to represent; (d) does not have interests that conflict with those of the person they are to represent; and (e) has been informed of the responsibilities of a designated representative and is willing and able to fulfill them.
Immigration Appeal Division Rules, 2022 — 49
Responsibilities of designated representative 49 The responsibilities of a designated representative include (a) deciding whether to retain counsel and, if counsel is retained, instructing counsel or assisting the represented person in instructing counsel; (b) making decisions regarding the appeal or assisting the represented person in making those decisions; (c) informing the represented person about the various stages of the appeal (d) assisting the represented person in gathering evidence to support their case and in providing evidence and, if necessary, being a witness at the hearing (e) protecting the interests of the represented person and putting forward the best possible case to the Division; and (f) informing and consulting the represented person to the extent possible when making decisions about their case.
Immigration Appeal Division Rules, 2022 — 50
Termination of designation 50 The Division may, on its own initiative or on the request of a party, terminate a designation if the Division is of the opinion that the representative is no longer required or suitable. The Division may designate a new representative if required.
Immigration Appeal Division Rules, 2022 — 51
End of designation — 18 years of age 51 The designation of a representative for a person who is under 18 years of age ends when the person reaches 18 years of age unless the representative has also been designated because the person is unable to appreciate the nature of the proceedings.
Immigration Appeal Division Rules, 2022 — 52
End of designation 52 The designation of a representative for a person ends when the Division makes a decision allowing or dismissing the appeal or a decision that stays the removal order.
Immigration Appeal Division Rules, 2022 — 53
Need for interpreter 53 (1) If a party needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language and, if any, dialect to be interpreted. Time limit (2) The notice provided under subrule (1) must be received by the Division no later than 20 days before the date fixed for the next proceeding. Need for interpreter — witness (3) If a witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language and dialect, if any, of the interpreter at the same time as the witness information is provided under rule 55 .
Immigration Appeal Division Rules, 2022 — 54
Interpreter’s oath 54 The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Immigration Appeal Division Rules, 2022 — 55
Providing witness information 55 (1) A party who wants to call a witness must provide the following information in writing to the other party and the Division: (a) the witness’s contact information; (b) a brief statement of the purpose and substance of the witness’s testimony; (c) the time needed for the witness’s testimony; (d) the party’s relationship to the witness; (e) an indication of whether the party wants the witness to testify remotely and, if so, the means of live telecommunication by which they will testify; and (f) in the case of an expert witness, (i) a description of the expert witness’s qualifications, and (ii) a brief summary of the testimony to be given, signed by the expert witness. Proof document was provided (2) Documents provided to the Division under this rule must be accompanied by a written statement indicating how and when they were provided to the other party. Time limit — 30 days (3) Documents provided under this rule must be received no later than 30 days before the date fixed for the hearing.
Immigration Appeal Division Rules, 2022 — 56
Failure to provide witness information 56 If a party does not provide the witness information in accordance with rule 55 , the Division may decide to allow the witness to testify after considering any relevant factors, including (a) the reason why the information was not provided; (b) whether the proposed testimony is relevant and has probative value; and (c) in the case of a party other than the Minister, whether the party has counsel.
Immigration Appeal Division Rules, 2022 — 57
Requesting summons 57 (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 during a proceeding or in writing. Factors (2) The Division must consider any relevant factors before deciding to issue a summons, including whether (a) the testimony of the person is necessary to a full and proper hearing; (b) the person is able to give the testimony; and (c) the person has agreed to be summoned as a witness. Using summons (3) 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, 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 summoned person the applicable witness fees and travel expenses as determined in accordance with Tariff A of the Federal Courts Rules .
Immigration Appeal Division Rules, 2022 — 58
Cancelling summons 58 To cancel a summons, the person who is summoned to appear as a witness must make an application in writing to the Division in accordance with rule 85 , but is not required to provide an accompanying affidavit or statutory declaration under subrule 85 (3).
Immigration Appeal Division Rules, 2022 — 59
Arrest warrant 59 (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 or in writing, to issue a warrant for the person’s arrest. Written request (2) A party who makes a written request must provide supporting evidence in an accompanying affidavit or statutory declaration. Requirements for issue of arrest warrant (3) The Division may issue an arrest warrant only if (a) the person summoned 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 as determined in accordance with 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. Content of arrest warrant (4) When the Division issues an arrest warrant, the warrant must include directions concerning detention and release.
Immigration Appeal Division Rules, 2022 — 60
Content of notice 60 (1) The Division must notify the parties in writing of the date, time and location fixed for any proceeding. Changes to date, time or location (2) If any changes are made to the date, time or location, the Division must notify the parties in writing without delay.
Immigration Appeal Division Rules, 2022 — 61
Date fixed for hearing 61 The hearing must take place at least 30 days after the day on which the parties receive the notice to appear, unless (a) the hearing has been adjourned or postponed; or (b) the parties consent to an earlier date.
Immigration Appeal Division Rules, 2022 — 62
Party in custody 62 The Division may order a person who holds a party other than the Minister in custody to bring that party to a proceeding at the location specified by the Division.
Immigration Appeal Division Rules, 2022 — 63
Failure to appear 63 If a party fails to appear at a proceeding, the Division may (a) determine that the appeal has been abandoned in accordance with subsection 168(1) of the Act; (b) hold the proceeding in the absence of the party; (c) prohibit the party from presenting further evidence, questioning witnesses, or making submissions to the Division; (d) decide the issues in the proceeding on the basis of the evidence provided; or (e) take any other action that it considers appropriate.
Immigration Appeal Division Rules, 2022 — 64
Participation in informal resolution process 64 The Division may require the parties to participate in an informal resolution process in order to encourage them to resolve an appeal without a hearing.
Immigration Appeal Division Rules, 2022 — 65
Obligations of parties and counsel 65 (1) In any informal resolution process, the parties must be prepared to resolve the appeal and their counsel must have authority to do so. The parties and their counsel must also (a) participate in good faith; (b) follow the directions given by the Division with respect to the process, including the manner of participation; and (c) provide to each other and to the Division any document that the Division requires them to prepare or provide. Clarification (2) If a document has been provided to the other party and the Division under paragraph (1)(c) for the purpose of an informal resolution process, it is deemed to have been provided in accordance with rule 26 for the rest of the appeal.
Immigration Appeal Division Rules, 2022 — 66
Confidentiality of discussions — informal resolution process 66 Any information about a matter discussed in an informal resolution process, including at an ADR conference, is confidential and must not be used later in the appeal or otherwise disclosed to a non-party unless (a) the information could be obtained in a way that is not part of the informal resolution process; (b) the matter relates to an offence under the Act or a breach of these Rules; or (c) the person who gave the information agrees to its disclosure.
Immigration Appeal Division Rules, 2022 — 67
Document not confidential 67 A document provided for the purposes of an informal resolution process, including an ADR conference, is not confidential and may be used for the rest of the appeal.
Immigration Appeal Division Rules, 2022 — 68
Disclosure to responsible authorities 68 Disclosure under paragraph 66 (b) may be made only to the authorities responsible for enforcement of the Act or these Rules.
Immigration Appeal Division Rules, 2022 — 69
ADR conference 69 (1) The Division may decide to hold an ADR conference on its own initiative or on receipt of a request made by a party that contains a statement of the reasons the party believes the appeal can be resolved through such a conference. Request provided to other party (2) The party must provide the request made under subrule (1) to the other party.
Immigration Appeal Division Rules, 2022 — 70
Assignment of ADR conference facilitator 70 (1) The Division must assign a member of the Division or an employee of the Board as ADR conference facilitator. Member must not hear appeal (2) A member of the Division who facilitates an ADR conference must not hear the appeal, unless the parties agree.
Immigration Appeal Division Rules, 2022 — 71
Agreement in ADR conference 71 (1) An agreement to resolve an appeal that is reached through an ADR conference must be confirmed by the parties or their counsel and approved in writing by the Division. Agreement not confidential (2) The agreement is not confidential.
Immigration Appeal Division Rules, 2022 — 72
Requirement to participate in conference 72 (1) The Division may, on its own initiative or on receipt of a request made by a party, require the parties to participate in a conference, other than an ADR conference, to (a) try to resolve some or all of the issues; (b) narrow the issues in order to simplify the hearing; (c) discuss issues, relevant facts and any other matter that would make the appeal as fair and efficient as possible; and (d) give information to help the Division fix a date for the proceeding. Information or documents (2) The Division may require the parties to provide any information or document at or before the conference.
Immigration Appeal Division Rules, 2022 — 73
Written record 73 The Division must make a written record of any decision or agreement made at a conference.
Immigration Appeal Division Rules, 2022 — 74
General 74 (1) The Division must, in any hearing before it, give the parties the opportunity to present evidence, question witnesses and make submissions. Issues and evidence (2) Taking into account the nature and complexity of the issues and the relevance of the evidence, the Division may (a) narrow the issues to be addressed at the hearing, including by identifying facts that are not in dispute; (b) establish the order in which the issues are to be addressed; (c) direct and limit the evidence to be presented; and (d) limit the number and the length of questioning of witnesses. Questioning witnesses (3) The Division may question any witness at any point during the hearing. Additional evidence or witnesses (4) The Division may notify the parties if additional evidence or witnesses are likely to assist the Division in deciding the appeal.
Immigration Appeal Division Rules, 2022 — 75
Excluded witness 75 Unless allowed to do so by the Division, a person must not communicate to a witness excluded from a hearing any evidence given while the witness was excluded until the witness has finished testifying.
Immigration Appeal Division Rules, 2022 — 76
Oral submissions 76 (1) Submissions must be made orally at the end of a hearing unless the Division orders otherwise. Limits on submissions (2) After all the evidence has been heard, the Division may (a) set time limits for submissions, taking into account the complexity of the issues and the amount of relevant evidence heard; and (b) indicate what issues need to be addressed in the submissions.
Immigration Appeal Division Rules, 2022 — 77
Proceeding in writing 77 (1) Instead of holding a hearing, the Division may require the parties to proceed in writing if doing so would not be unfair to any party and a hearing is not otherwise required. Appeal record (2) The Division may make a decision in a proceeding in writing without being provided with the appeal record under rule 21 . Exception (3) Subrule (1) does not apply to a residency obligation appeal unless the parties agree to resolve the appeal without a hearing.
Immigration Appeal Division Rules, 2022 — 78
Application to reconsider appeal 78 (1) If the Division has stayed a removal order, a party who makes an application to reconsider the appeal (a) must make the application in accordance with rule 85 , but is not required to provide an accompanying affidavit or statutory declaration under subrule 85 (3); and (b) must provide with their application a written statement indicating whether the conditions of the stay have been complied with. Response (2) The other party must respond to the application in accordance with rule 86 and provide with their response a written statement of whether the conditions of the stay have been complied with.
Immigration Appeal Division Rules, 2022 — 79
Reconsideration on Division’s own initiative 79 (1) If the Division reconsiders an appeal on its own initiative under subsection 68(3) of the Act, it must notify the parties in writing. Time limit for providing statement (2) Each party must provide to the Division and the other party, within the time limit specified by the Division, a written statement indicating whether the conditions of the stay have been complied with.
Immigration Appeal Division Rules, 2022 — 80
Notice of cancellation of stay 80 If a stay of removal is cancelled under subsection 68(4) of the Act, the Minister must provide the Division and the other party with written notice of the cancellation stating (a) the name of the person convicted; (b) the date and place of conviction; (c) the offence and the relevant provision of an Act of Parliament; and (d) if the offence is not punishable by a maximum term of imprisonment of at least 10 years, the term of imprisonment that was imposed.
Immigration Appeal Division Rules, 2022 — 81
Proof document was provided 81 The Minister must, together with the notice under rule 80 , provide a written statement indicating how and when the notice was provided to the other party.
Immigration Appeal Division Rules, 2022 — 82
Notice of cancellation of stay 82 If the Minister provides written notice of the cancellation under rule 80 , the Division must process the notice in the same manner as an application.
Immigration Appeal Division Rules, 2022 — 83
Response to notice of cancellation of stay 83 A party responding to a notice provided under rule 80 must respond in accordance with rule 86 .
Immigration Appeal Division Rules, 2022 — 84
General provision 84 Unless these Rules provide otherwise (a) a party 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 in accordance with rule 85 ; (b) a party who wants to respond to the application must respond in accordance with rule 86 ; and (c) a party who wants to reply to a response must reply in accordance with rule 87 .
Immigration Appeal Division Rules, 2022 — 85
Form of application and time limit 85 (1) Unless these Rules provide otherwise, an application must be made in writing without delay. Content of application (2) In the application, the party must (a) state what decision the party wants the Division to make; (b) give reasons why the Division should make that decision; and (c) if the views of the other party are known, state whether the other party agrees to the application. Affidavit or statutory declaration (3) Unless these Rules provide otherwise, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application. Providing application (4) A party who makes a written application must provide (a) to the other party, the application and any accompanying affidavit or statutory declaration; and (b) to the Division, the application and any accompanying affidavit or statutory declaration, together with a written statement indicating how and when the party provided the documents to the other party. Oral application (5) The Division may allow a party to make an application orally at a proceeding if the party demonstrates that, with reasonable effort, they could not have made a written application before the beginning of the proceeding.
Immigration Appeal Division Rules, 2022 — 86
Responding to written application 86 (1) A response to a written application must be in writing, state what decision the party wants the Division to make and give reasons why the Division should make that decision. Evidence in written response (2) Subject to subrule (3), any evidence that the party wants the Division to consider with the written response must be given in an affidavit or statutory declaration that accompanies the response. Evidence not required (3) If the party who made the application was not required to give evidence in an affidavit or statutory declaration together with the application, then evidence is not required to be given in an affidavit or statutory declaration that accompanies the written response unless the Division orders otherwise. Providing response (4) A party who responds to a written application must provide (a) to the other party, the response and any accompanying affidavit or statutory declaration; and (b) to the Division, the response and any accompanying affidavit or statutory declaration, together with a written statement indicating how and when the party provided the documents to the other party. Time limit (5) Documents provided under subrule (4) must be received no later than seven days after the party receives the application.
Immigration Appeal Division Rules, 2022 — 87
Replying to written response 87 (1) A reply to a written response must be in writing. Evidence in reply (2) Subrules 86 (2) to (4) apply to the reply. Time limit (3) Documents provided under subrule (2) must be received no later than five days after the day on which the party receives the response.
Immigration Appeal Division Rules, 2022 — 88
Application 88 (1) A party who makes an application to the Division to change the location of a proceeding must make the application in accordance with rule 85 , but is not required to provide an accompanying affidavit or statutory declaration under subrule 85 (3). Time limit (2) Documents provided under this rule must be received no later than 30 days before the date fixed for the proceeding. Duty to appear (3) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the location fixed and be ready to start or continue the proceeding.
Immigration Appeal Division Rules, 2022 — 89
Factors 89 In deciding the application for a change of location, the Division must consider any relevant factors, including (a) whether the party resides in the location where they request that the proceeding be held; (b) whether a change of location would allow the appeal to be full and proper; (c) whether a change of location would likely delay the proceeding; (d) how a change of location would affect the parties; (e) whether a change of location is necessary to accommodate the vulnerabilities of a person; (f) whether a hearing may be conducted by a means of live telecommunication with the parties; and (g) the operational requirements of the Division.