GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Protection Division Rules — 32
Language of documents — claimant or protected person 32 (1) All documents used by a claimant or protected person in a proceeding must be in English or French or, if in another language, be provided together with an English or French translation and a declaration signed by the translator. Language of Minister’s documents (2) All documents used by the Minister in a proceeding must be in the language of the proceeding or be provided together with a translation in the language of the proceeding and a declaration signed by the translator. Translator’s declaration (3) A translator’s declaration must include translator’s name, the language and dialect, if any, translated and a statement that the translation is accurate.
Refugee Protection Division Rules — 33
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. 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.
Refugee Protection Division Rules — 34
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. 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. 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.
Refugee Protection Division Rules — 35
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.
Refugee Protection Division Rules — 36
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.
Refugee Protection Division Rules — 37
General provision 37 Rules 38 to 41 apply to any document, including a notice or request in writing.
Refugee Protection Division Rules — 38
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. Providing documents to Minister (2) A document to be provided to the Minister must be provided to the Minister’s counsel. 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.
Refugee Protection Division Rules — 39
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.
Refugee Protection Division Rules — 40
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. Form of application (2) The application must be made in accordance with rule 50. 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.
Refugee Protection Division Rules — 41
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. 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. 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.
Refugee Protection Division Rules — 42
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. 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.
Refugee Protection Division Rules — 43
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. 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. 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.
Refugee Protection Division Rules — 44
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. 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. 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. 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. 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.
Refugee Protection Division Rules — 45
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. 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. 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 .
Refugee Protection Division Rules — 46
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. 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.
Refugee Protection Division Rules — 47
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. Written request (2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration. 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. Content of warrant (4) A warrant issued by the Division for the arrest of a person must include directions concerning detention or release.
Refugee Protection Division Rules — 48
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.
Refugee Protection Division Rules — 49
General provision 49 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 50; (b) a party who wants to respond to the application must respond in accordance with rule 51; and (c) a party who wants to reply to a response must reply in accordance with rule 52.
Refugee Protection Division Rules — 50
Written application and time limit 50 (1) Unless these Rules provide otherwise, an application must be made in writing, without delay, and must be received by the Division no later than 10 days before the date fixed for the next proceeding. Oral application (2) The Division must not allow a party to make an application orally at a proceeding unless the party, with reasonable effort, could not have made a written application before the proceeding. Content of application (3) Unless these Rules provide otherwise, in a written application, the party must (a) state the decision the party wants the Division to make; (b) give reasons why the Division should make that decision; and (c) if there is another party and the views of that party are known, state whether the other party agrees to the application. Affidavit or statutory declaration (4) 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 to other party and Division (5) A party who makes a written application must provide (a) to the other party, if any, a copy of the application and a copy of any affidavit or statutory declaration; and (b) to the Division, the original application and the original of any affidavit or statutory declaration, together with a written statement indicating how and when the party provided a copy to the other party, if any.
Refugee Protection Division Rules — 51
Responding to written application 51 (1) A response to a written application must be in writing and (a) state the decision the party wants the Division to make; and (b) give reasons why the Division should make that decision. Evidence in written response (2) 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. Unless the Division requires it, an affidavit or statutory declaration is not required if the party who made the application was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing response (3) A party who responds to a written application must provide (a) to the other party, a copy of the response and a copy of any affidavit or statutory declaration; and (b) to the Division, the original response and the original of any affidavit or statutory declaration, together with a written statement indicating how and when the party provided a copy to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than five days after the date on which the party receives the copy of the application.
Refugee Protection Division Rules — 52
Replying to written response 52 (1) A reply to a written response must be in writing. Evidence in reply (2) Any evidence that the party wants the Division to consider with the written reply must be given in an affidavit or statutory declaration that accompanies the reply. Unless the Division requires it, an affidavit or statutory declaration is not required if the party was not required to give evidence in an affidavit or statutory declaration, together with the application. Providing reply (3) A party who replies to a written response must provide (a) to the other party, a copy of the reply and a copy of any affidavit or statutory declaration; and (b) to the Division, the original reply and the original of any affidavit or statutory declaration, together with a written statement indicating how and when the party provided a copy to the other party. Time limit (4) Documents provided under subrule (3) must be received by their recipients no later than three days after the date on which the party receives the copy of the response.
Refugee Protection Division Rules — 53
Application to change location 53 (1) A party may make an application to the Division to change the location of a proceeding. Form and content of application (2) The party must make the application in accordance with rule 50, but is not required to give evidence in an affidavit or statutory declaration. Time limit (3) Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the proceeding. Factors (4) In deciding the application, the Division must consider any relevant factors, including (a) whether the party is residing in the location where the party wants the proceeding to be held; (b) whether a change of location would allow the proceeding 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 Division’s operation; (e) how a change of location would affect the parties; (f) whether a change of location is necessary to accommodate a vulnerable person; and (g) whether a hearing may be conducted by a means of live telecommunication with the claimant or protected person. Duty to appear (5) 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.
Refugee Protection Division Rules — 54
n that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence. Duty to appear (10) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding at the date and time fixed and be ready to start or continue the proceeding. New date (11) If an application for a change to the date or time of a proceeding is allowed, the new date fixed by the Division must be no later than 10 working days after the date originally fixed for the proceeding or as soon as possible after that date.
Refugee Protection Division Rules — 55
Claims automatically joined 55 (1) The Division must join the claim of a claimant to a claim made by the claimant’s spouse or common-law partner, child, parent, legal guardian, brother, sister, grandchild or grandparent, unless it is not practicable to do so. Applications joined if claims joined (2) Applications to vacate or to cease refugee protection are joined if the claims of the protected persons were joined.
Refugee Protection Division Rules — 56
Application to join 56 (1) A party may make an application to the Division to join claims or applications to vacate or to cease refugee protection. Application to separate (2) A party may make an application to the Division to separate claims or applications to vacate or to cease refugee protection that are joined. Form of application and providing application (3) A party who makes an application to join or separate claims or applications to vacate or to cease refugee protection must do so in accordance with rule 50, but the party is not required to give evidence in an affidavit or statutory declaration. The party must also (a) provide a copy of the application to any person who will be affected by the Division’s decision on the application; and (b) provide to the Division a written statement indicating how and when the copy of the application was provided to any affected person, together with proof that the party provided the copy to that person. Time limit (4) Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the hearing. Factors (5) In deciding the application to join or separate, the Division must consider any relevant factors, including whether (a) the claims or applications to vacate or to cease refugee protection involve similar questions of fact or law; (b) allowing the application to join or separate would promote the efficient administration of the Division’s work; and (c) allowing the application to join or separate would likely cause an injustice.
Refugee Protection Division Rules — 57
ision provides a summary of the response under paragraph (12)(a), or excludes the applicant and their counsel from a hearing in respect of the application under subparagraph (12)(b)(i), the Division must provide a summary of the representations and evidence, if any, that is sufficient to enable the applicant to reply, while ensuring the confidentiality of the proceeding having regard to the factors set out in paragraph 166(b) of the Act. Notification of decision on application (14) The Division must notify the applicant and the parties of its decision on the application and provide reasons for the decision.
Refugee Protection Division Rules — 58
Observers 58 (1) An application under rule 57 is not necessary if an observer is a member of the staff of the Board or a representative or agent of the United Nations High Commissioner for Refugees or if the claimant or protected person consents to or requests the presence of an observer other than a representative of the press or other media of communication at the proceeding. Observers — factor (2) The Division must allow the attendance of an observer unless, in the opinion of the Division, the observer’s attendance is likely to impede the proceeding. Observers — confidentiality of proceeding (3) The Division may take any measures that it considers necessary to ensure the confidentiality of the proceeding despite the presence of an observer.
Refugee Protection Division Rules — 59
Abuse of process 59 (1) For the purpose of subsection 168(2) of the Act, withdrawal of a claim or of an application to vacate or to cease refugee protection is an abuse of process if withdrawal would likely have a negative effect on the Division’s integrity. If no substantive evidence has been accepted in the hearing, withdrawal is not an abuse of process. Withdrawal if no substantive evidence accepted (2) If no substantive evidence has been accepted in the hearing, a party may withdraw the party’s claim or the application to vacate or to cease refugee protection by notifying the Division orally at a proceeding or in writing. Withdrawal if substantive evidence accepted (3) If substantive evidence has been accepted in the hearing, a party who wants to withdraw the party’s claim or the application to vacate or to cease refugee protection must make an application to the Division in accordance with rule 50.
Refugee Protection Division Rules — 60
Application to reinstate withdrawn claim 60 (1) A person may make an application to the Division to reinstate a claim that was made by the person and was withdrawn. Form and content of application (2) The person must make the application in accordance with rule 50, include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer, and provide a copy of the application to the Minister. Factors (3) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application. Factors (4) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay. Subsequent application (5) If the person made a previous application to reinstate that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.
Refugee Protection Division Rules — 61
Application to reinstate withdrawn application to vacate or to cease refugee protection 61 (1) The Minister may make an application to the Division to reinstate an application to vacate or to cease refugee protection that was withdrawn. Form of application (2) The Minister must make the application in accordance with rule 50. Factors (3) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application. Factors (4) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay. Subsequent application (5) If the Minister made a previous application to reinstate that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.