Canadian Refugee Procedure/IRPR s. 159.8 - Time Limit for Providing Documents

IRPR s. 159.8

The text of the relevant section of the regulation reads:

Documents and Information

Time limit — provision of documents and information to officer
159.8 (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act.

Time limit — provision of documents and information to Refugee Protection Division
(2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division.

Extension
(3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances.

Commentary

Time limit for persons to complete and provide the Basis of Claim form

For a discussion of the deadlines for persons providing their BOC forms, whether they are making a POE claim, an inland claim, or are detained, see the commentary to RPD Rule 7: Canadian Refugee Procedure/Information and Documents to be Provided#When a claimant must provide their BOC form. The commentary to RPD Rule 8 discusses the interpretation of this regulation and the way that the extension provision (s. 159.8(3)) should be interpreted: Canadian Refugee Procedure/Information and Documents to be Provided#Rule 8 - Application for an extension of time to provide BOC.

If a claimant does not meet the above timeline, the BOC Abandonment process will commence

If a claimant does not submit their BOC form within the timeline specified above, then the process for BOC Abandonment specified in Rule 65 will be triggered: Canadian Refugee Procedure/RPD Rule 65 - Abandonment#RPD Rule 65(2) - When the BOC Abandonment hearing must be scheduled