Bill C-31

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First Reading

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	Head Office and Staff
Head office	154. (1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act.
Residence - Chairperson	(2) The Chairperson must live in the National Capital Region or within reasonable commuting distance of it.
Members	(3) The Governor in Council is to assign the members of the Board, other than the members of the Immigration Division, to a regional or district office of the Board.
Personnel	155. The Executive Director and other personnel necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act, and the personnel are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.
	Duties of Chairperson
Chairperson	156. (1) The Chairperson is, by virtue of holding that office, a member of each Division of the Board and is the chief executive officer of the Board. In that capacity, the Chairperson
	(a) has supervision over and direction of the work and staff of the Board;
	(b) is responsible for assigning members to the Refugee Protection Division, Refugee Appeal Division and the Immigration Appeal Division;
	(c) designates from among the full-time members of the Board coordinating members for a Division, other than the Immigration Division;
	(d) assigns administrative functions to the members of the Board;
	(e) apportions work among the members of the Board and fixes the place, date and time of proceedings;
	(f) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay;
	(g) may issue guidelines and identify decisions 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
	(h) 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.
Delegation	(2) The Chairperson may delegate any of his or her powers under this Act to a member of the Board, other than a member of the Immigration Division, except that
	(a) powers conferred under subsection 158(1) may not be delegated;
	(b) powers referred to in paragraph (1)(a) and (h) 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.
Absence, incapacity or vacancy	157. In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Minister may authorize one of the Deputy Chairpersons or any other member of the Board to act as Chairperson.
	Functioning of Board
Rules	158. (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, the Chairperson may make rules respecting
	(a) the activities, practice and procedure of each of the Divisions of the Board, including priority to be given to proceedings, the notice that is required and the period in which it must be given;
	(b) the conduct of persons who appear before the Board and of their counsel;
	(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 matter that is authorized by this Act to be set out in the rules.
Tabling in Parliament	(2) The Minister shall cause a copy of any rule made under to subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the approval of the rule by the Governor in Council.
Annual report	159. The Chairperson shall, before the beginning of each fiscal year, submit to the Minister a report on the activities of the Board in the preceding calendar year.
	Provisions that Apply to All Divisions
Sole and exclusive jurisdiction	160. (1) Each Division of the Board has, in respect of proceedings brought before it under this Act, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction.
Informal, expeditious procedure	(2) Each Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness and natural justice permit.
Number of members of a panel	(3) A proceeding shall be conducted by a single member but, except for a matter before the Immigration Division, the Chairperson may order the matter to be heard by a panel of three members if the Chairperson considers it appropriate.
Powers of a commissioner	(4) The Refugee Protection Division and the Immigration Division and each member of those Divisions, have the powers and authority of a commissioner appointed under Part I of the Inquiries Act.
Rules for proceedings	161. (1) Proceedings before each Division are to be conducted according to the following rules:
	(a) subject to the other provisions of this section, proceedings must be held in public and, as far as possible, in the presence of the interested parties;
	(b) on application or on its own initiative, a Division shall conduct a hearing in camera, or take any other measure it considers necessary to ensure the confidentiality of the proceedings, if it is established that there is a serious possibility that the life, liberty or security of any person would be endangered by a public hearing;
	(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 camera; and
	(d) a proceeding described in paragraph (c) may, on application, be held in public if it is established that there is not a serious possibility that the life, liberty or security of any person would be endangered, but the Division may take other measures that it considers necessary to ensure confidentiality.
United Nations High Commissioner for Refugees	(2) A representative or agent of the United Nations High Commissioner for Refugees is entitled to attend and to take part in any proceedings concerning claimants of refugee protection or foreign nationals on whom refugee protection has been conferred and, at any stage of the proceedings, is entitled to access to evidence that is adduced and to reasons for any decision.
Right to counsel	162. (1) In proceedings before the Board, a foreign national may, at their own expense, be represented by a barrister or solicitor or other counsel.
Representatio n	(2) If a foreign national who is the subject of proceedings is under 18 years of age or unable, in the opinion of the Division, to appreciate the nature of the proceedings, the Division shall designate a person to represent the foreign national.
Abandonment of claim	163. (1) Each Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.
Abuse of process	(2) Each Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.
Rules of application	164. The following rules apply with respect to decisions of a Division, other than an interlocutory decision:
	(a) decisions take effect when they are rendered;
	(b) reasons for decisions must be given;
	(c) decisions may be rendered orally or in writing, except decisions 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 Minister or an interested party requests reasons for a decision within 10 days of notification of the decision, or in the circumstances set out in the rules of the Board, the Division must provide written reasons; and
	(f) the period in which to appeal or apply for judicial review with respect to a decision of the Board is calculated as of the day that the party is notified of the decision in accordance with the rules of the Board or the day that written reasons are sent to the party, whichever is later.
	Refugee Protection Division
Proceedings and right to a hearing	165. The Refugee Protection Division, in any proceeding before it,
	(a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;
	(b) must conduct a hearing in the presence of the foreign national concerned, and must notify the foreign national and the Minister of the hearing;
	(c) must provide the Minister, on request, with the information referred to in subsection 94(4);
	(d) must give the foreign national and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;
	(e) may allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Minister's intention to intervene;
	(f) is not bound by any legal or technical rules of evidence;
	(g) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and
	(h) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.
	Refugee Appeal Division
Rules of application	166. The following rules apply with respect to proceedings of the Refugee Appeal Division:
	(a) the Minister may, after giving the notice within the period that is required by the rules, intervene in the appeal, including for the purpose of making submissions;
	(b) the Division may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge; and
	(c) a decision on a question of law that is made by a panel of three members of the Refugee Appeal Division is binding on the Refugee Protection Division.
	Immigration Division
Composition	167. (1) The Immigration Division consists of the Director General and other directors and members necessary to carry out its functions and who are employed in accordance with the Public Service Employment Act.
Powers	(2) The Director General and the directors of the Immigration Division have all the powers and may carry out the duties and functions of members of the Division.
Proceedings	168. The Immigration Division, in any proceeding before it,
	(a) must notify the Minister and the foreign national of the proceeding and hear the matter without delay;
	(b) is not bound by any legal or technical rules of evidence; and
	(c) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
	Immigration Appeal Division
Court of record	169. (1) The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed.
Powers	(2) The Immigration Appeal Division has all the powers, rights and privileges vested in a superior court of record with respect to any matter necessary for the exercise of its jurisdiction including the swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.
Proceedings	170. The Immigration Appeal Division, in any proceeding before it,
	(a) is not bound by any legal or technical rules of evidence; and
	(b) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.