Bill C-11

PART 4

IMMIGRATION AND REFUGEE BOARD

Composition of Board

(a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;

(b) shall swear the oath or give the solemn affirmation of office set out in the rules of the Board;

(c) are eligible for reappointment in the same or another capacity;

(d) shall receive the remuneration that may be fixed by the Governor in Council;

(e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;

(f) are deemed to be employed in the public service of Canada for the purposes of the Public Service Superannuation Act, the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;

(g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and

(h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

(a) no criminal or civil proceedings lie against them for anything done or omitted to be done in good faith; and

(b) they are not competent or compellable to appear as a witness in any civil proceedings.

Head Office and Staff

Duties of Chairperson

(a) has supervision over and direction of the work and staff of the Board;

(b) may at any time assign a member appointed under paragraph 153(1)(a) to the Refugee Protection Division, the Refugee Appeal Division and the Immigration Appeal Division;

(c) may at any time, notwithstanding paragraph 153(1)(a), assign a member, other than a member of the Immigration Division, to work in another regional or district office in order to satisfy operational requirements, but an assignment may not exceed 90 days without the approval of the Governor in Council;

(d) designates from among the full-time members of the Board coordinating members for a Division, other than the Immigration Division;

(e) assigns administrative functions to the members of the Board;

(f) apportions work among the members of the Board and fixes the place, date and time of proceedings;

(g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay;

(h) may issue guidelines in writing to members of the Board and identify decisions of the Board as jurisprudential guides, after consulting with the Deputy Chairpersons and the Director General of the Immigration Division, to assist members in carrying out their duties; and

(i) may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Divisions in any matter.

(a) powers conferred under subsection 161(1) may not be delegated;

(b) powers referred to in paragraphs (1)(a) and (i) may be delegated to the Executive Director of the Board; and

(c) powers in relation to the Immigration Division may only be delegated to the Director General, directors or members of that Division.

Functioning of Board

(a) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, the priority to be given to proceedings, the notice that is required and the period in which notice must be given;

(b) the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rules;

(c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and

(d) any other matter considered by the Chairperson to require rules.

Provisions that Apply to All Divisions

(a) subject to the other provisions of this section, proceedings must be held in public;

(b) on application or on its own initiative, the Division may conduct a proceeding in private, or take any other measure that it considers necessary to ensure the confidentiality of the proceedings, if, after having considered all available alternate measures, the Division is satisfied that there is

(i) a serious possibility that the life, liberty or security of a person will be endangered if the proceeding is held in public,

(ii) a real and substantial risk to the fairness of the proceeding such that the need to prevent disclosure outweighs the societal interest that the proceeding be conducted in public, or

(iii) a real and substantial risk that matters involving public security will be disclosed;

(c) subject to paragraph (d), proceedings before the Refugee Protection Division and the Immigration Division concerning a claimant of refugee protection, proceedings concerning cessation and vacation applications and proceedings before the Refugee Appeal Division must be held in private;

(d) on application or on its own initiative, the Division may conduct a proceeding in public, or take any other measure that it considers necessary to ensure the appropriate access to the proceedings if, after having considered all available alternate measures and the factors set out in paragraph (b), the Division is satisfied that it is appropriate to do so;

(e) despite paragraphs (b) and (c), a representative or agent of the United Nations High Commissioner for Refugees is entitled to observe proceedings concerning a protected person or a person who has made a claim to refugee protection; and

(f) despite paragraph (e), the representative or agent may not observe any part of the proceedings that deals with information protected under subsection 86(1), or with information in respect of which an application has been made and not rejected under subsection 86(1).

(a) the decision takes effect in accordance with the rules;

(b) reasons for the decision must be given;

(c) the decision may be rendered orally or in writing, except a decision of the Refugee Appeal Division, which must be rendered in writing;

(d) if the Refugee Protection Division rejects a claim, written reasons must be provided to the claimant and the Minister;

(e) if the person who is the subject of proceedings before the Board or the Minister requests reasons for a decision within 10 days of notification of the decision, or in circumstances set out in the rules of the Board, the Division must provide written reasons; and

(f) the period in which to apply for judicial review with respect to a decision of the Board is calculated from the giving of notice of the decision or from the sending of written reasons, whichever is later.