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Immigration and Refugee Protection Act

Version of section 159 from 2003-01-01 to 2012-12-14:

Marginal note:Chairperson

  •  (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) 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.

  • Marginal note: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 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.

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