Canadian Refugee Procedure/161 - Functioning of Board and Division Rules

IRPA Section 161 edit

Section 161 of the Immigration and Refugee Protection Act reads:

Functioning of Board

161 (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting
(a) the referral of a claim for refugee protection to the Refugee Protection Division;
(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);
(a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, 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.

(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).

161(1)(b): The Chairperson may make rules respecting the conduct of persons in proceedings before the Board edit

Paragraph 161(1)(b) contemplates the issuance of rules relating to the conduct of persons appearing before the IRB. In its decision regarding Mumtaz Khan, the Board concluded that this provision codifies the Board's common law power to make rules regarding the conduct of persons in proceedings before the Board, but that this provision does not limit the Board's pre-existing powers to take action regarding misconduct.[1]

References edit

  1. re: Mumtaz Khan, December 18, 2020, <> (Accessed February 1, 2021).