REVIEW OF THE APPLICATION

 On receipt of an application completed in accordance with section 2, the Minister shall

  • (a) send an acknowledgment letter to the applicant and the person acting on the applicant’s behalf, if any; and

  • (b) conduct a preliminary assessment of the application.

  •  (1) After the preliminary assessment has been completed, the Minister

    • (a) shall conduct an investigation in respect of the application if the Minister determines that there may be a reasonable basis to conclude that a miscarriage of justice likely occurred; or

    • (b) shall not conduct an investigation if the Minister

      • (i) is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred and that there is an urgent need for a decision to be made under paragraph 696.3(3)(a) of the Code for humanitarian reasons or to avoid a blatant continued prejudice to the applicant, or

      • (ii) is satisfied that there is no reasonable basis to conclude that a miscarriage of justice likely occurred.

  • (2) The Minister shall send a notice to the applicant and to the person acting on the applicant’s behalf, if any, indicating whether or not an investigation will be conducted under subsection (1).

  • (3) If the Minister does not conduct an investigation for the reason described in subparagraph (1)(b)(ii), the notice under subsection (2) shall indicate that the applicant may provide further information in support of the application within one year after the date on which the notice was sent.

  • (4) If the applicant fails, within the period prescribed in subsection (3), to provide further information, the Minister shall inform the applicant in writing that no investigation will be conducted.

  • (5) If further information in support of the application is provided after the period prescribed in subsection (3) has expired, the Minister shall conduct a new preliminary assessment of the application under section 3.

  •  (1) After completing an investigation under paragraph 4(1)(a), the Minister shall prepare an investigation report and provide a copy of it to the applicant and to the person acting on the applicant’s behalf, if any. The Minister shall indicate in writing that the applicant may provide further information in support of the application within one year after the date on which the investigation report is sent.

  • (2) If the applicant fails, within the period prescribed in subsection (1), to provide any further information, or if the applicant indicates in writing that no further information will be provided in support of the application, the Minister may proceed to make a decision under subsection 696.3(3) of the Code.

 The Minister shall provide a copy of the Minister’s decision made under subsection 696.3(3) of the Code to the applicant and to the person acting on the applicant’s behalf, if any.

ANNUAL REPORT

 An annual report submitted under section 696.5 of the Code shall contain the following information in respect of the financial year under review in the report:

  • (a) the number of applications made to the Minister;

  • (b) the number of applications that have been abandoned or that are incomplete;

  • (c) the number of applications that are at the preliminary assessment stage;

  • (d) the number of applications that are at the investigation stage;

  • (e) the number of decisions that the Minister has made under subsection 696.3(3) of the Code; and

  • (f) any other information that the Minister considers appropriate.