Refugee Protection Division Rules (SOR/2012-256)

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.

Applications

General

Marginal note: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.

How to Make an Application

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.