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Immigration Division Rules (SOR/2002-229)

Regulations are current to 2020-11-02

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

Proceeding Conducted in Public

Marginal note:Application for proceeding conducted in public

  •  (1) A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule.

  • Marginal note:Content of application

    (2) In the application, the person must

    • (a) state the decision that the person wants the Division to make;

    • (b) give reasons why the Division should make that decision; and

    • (c) include any evidence that the person wants the Division to consider in deciding the application.

  • Marginal note:Providing the application

    (3) The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.

  • Marginal note:Time limit

    (4) A document provided under this rule must be received by the Division

    • (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.

Notice of Constitutional Question

Marginal note:Notice of constitutional question

  •  (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.

  • Marginal note:Form and content of notice

    (2) The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes

    • (a) the name of the party;

    • (b) the Division file number;

    • (c) the date, time and place of the hearing;

    • (d) the specific legislative provision that is being challenged;

    • (e) the relevant facts relied on to support the constitutional challenge; and

    • (f) a summary of the legal argument to be made in support of the constitutional challenge.

  • Marginal note:Providing the notice

    (3) The party must provide

    • (a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;

    • (b) a copy of the notice to the other party; and

    • (c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).

  • Marginal note:Time limit

    (4) Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.

  • 2002, c. 8, s. 182

Oral Representations

Marginal note:Oral representations

 Representations made by a party must be made orally at the end of a hearing unless the Division orders otherwise.

General Provisions

Marginal note:No applicable rule

 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.

Marginal note:Powers of the Division

 The Division may

  • (a) act on its own, without a party having to make an application or request to the Division;

  • (b) change a requirement of a rule;

  • (c) excuse a person from a requirement of a rule; and

  • (d) extend or shorten a time limit, before or after the time limit has passed.

Marginal note:Failing to follow a rule

 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.

Coming into Force

Marginal note:Coming into force

Footnote * These Rules come into force on the day on which section 161 of the Act comes into force.

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