Adjudication Division Rules (SOR/93-47)

Person Concerned in Custody

18 Where a person concerned is detained, the Adjudication Division may order the person who detains the person concerned to bring the latter in custody to a conference or hearing held in respect of the person concerned.

Applications

• 19 (1) Subject to subrule (2), every application that is provided for in these Rules, except an application referred to in rules 14 and 17 and subrule 21(3), shall be

  • (a) made by a party in writing;

  • (b) filed at the registry; and

  • (c) served on the other party.

• (2) A party may make an application that is provided for in these Rules orally at a hearing where the adjudicator is satisfied that no injustice is likely to be caused to any party thereby.

• (3) The Adjudication Division may determine an application when it is satisfied that all parties have been given a reasonable opportunity to make representations.

Motions

• 20 (1) Every application that is not provided for in these Rules shall be made by a party to the Adjudication Division by motion, unless, where the application is made during a hearing, the adjudicator decides that, in the interests of justice, the application should be dealt with in some other manner.

• (2) The motion shall consist of

  • (a) a notice specifying the grounds on which the motion is made;

  • (b) an affidavit setting out the facts on which the motion is based; and

  • (c) a concise statement of the law and of the arguments that are relied on by the applicant.

• (3) The motion shall be

  • (a) served on the other party to the proceeding; and

  • (b) filed in duplicate, together with proof of service thereof, at the registry within five days after the date of service.

• (4) Evidence in support of a motion shall be introduced by affidavit, unless the Adjudication Division decides that, in the interests of justice, the evidence should be introduced in some other manner.

• (5) The other party may, within seven days after being served with a motion, file at the registry a reply stating concisely the law and arguments relied on by the party, accompanied by an affidavit setting out the facts on which the reply is based.

• (6) The applicant may, within seven days after being served with a reply, file a response thereto at the registry.

• (7) A copy of the reply and affidavit filed pursuant to subrule (5) and of the response filed pursuant to subrule (6) shall be served on the other party within seven days after the date of service of the motion or reply, as the case may be.

• (8) The Adjudication Division, on being satisfied that no injustice is likely to be caused, may dispose of a motion without a hearing.

Decisions

• 21 (1) Where, at the conclusion of an inquiry, the adjudicator decides to make a removal order or conditional removal order against a person concerned, the adjudicator shall

  • (a) date and sign the order and decision that sets out the basis on which the order was made; and

  • (b) where the person concerned does not have grounds to appeal the decision to the Appeal Division pursuant to section 70 of the Act, inform the person and the person’s counsel by a notice in writing of the person’s right to file an application for leave to commence an application under section 18.1 of the Federal Courts Act.

• (2) A copy of the documents referred to in paragraphs (1)(a) and (b) shall be

  • (a) where the parties or their counsel, or both, are present when the Adjudicator makes the order, given forthwith to the parties or their counsel or both, as the case may be; and

  • (b) where the parties or their counsel, or both, are absent when the adjudicator makes the order, served on the parties or their counsel or both, as the case may be.

• (3) The adjudicator shall, upon a request in writing of a party that is filed within 10 days after the conclusion of an inquiry, provide written reasons for the adjudicator’s decision.

Service and Filing

• 22 (1) Subject to subrule (5), service of any document in the course of any proceeding under these Rules shall be effected by personal service, by prepaid regular mail, by any mail service whereby the sender is provided with an acknowledgement of receipt, or by the telephone transmission of a facsimile of the document in accordance with subrule (3).

• (2) A copy of any document served on a party pursuant to subrule (1) shall also be served on that party’s counsel, if any.

• (3) A document that is served by telephone transmission of a facsimile shall include a cover page setting out

  • (a) the sender’s name, address and telephone number;

  • (b) the name of the addressee;

  • (c) the total number of pages transmitted, including the cover page;

  • (d) the telephone number from which the document is transmitted; and

  • (e) the name and telephone number of a person to contact in the event of transmission problems.

• (4) Service by prepaid regular mail shall be considered to be effected on the date that is seven days after the date of mailing.

• (5) Where service cannot be effected in accordance with subrule (1), the Chairperson may direct that service be effected by such means as will, to the extent possible, provide a party with the document and as will not likely cause injustice to any party.

• (6) After service of a document has been effected by a party, the party shall file proof of service thereof at the registry.

23 The person concerned and any family members of the person concerned referred to in paragraph 5(1)(f) shall notify the Adjudication Division forthwith in writing of their addresses and the name and address for service of their counsel, and any changes thereto.

• 24 (1) A document shall be filed at the registry by serving it on an employee of the registry at which the file relating to the inquiry or the application referred to in subrule 29(1) is held.

• (2) The filing of a telephone transmission of a facsimile shall be considered to be effected on the date on which it is received by the registrar, as stamped on the facsimile.

• (3) All documents submitted in the course of any proceeding under these Rules in a language other than English or French shall be accompanied by a translation in English or French that is certified to be correct, unless the Adjudication Division decides that a translation is not necessary to provide for a full and proper hearing.

Time Limits

25 The Adjudication Division may, on application by a party made in accordance with rule 19 either before or after a time limit set out in these Rules has expired, shorten or extend the time limit, in order to provide for a full and proper hearing.

General

26 These Rules are not exhaustive and, where any matter that is not provided for in these Rules arises in the course of any proceeding, the Adjudication Division may take whatever measures are necessary to provide for a full and proper hearing and to dispose of the matter expeditiously.

27 Where a party does not comply with a requirement of these Rules, the Adjudication Division, on application made by the party in accordance with rule 19, may permit the party to remedy the non-compliance or may waive the requirement, where it is satisfied that no injustice is thereby likely to be caused to any party or the proceeding will not be unreasonably impeded.

Review of Reasons for Detention

• 28 (1) Where, pursuant to subsection 103(6) of the Act, a person concerned must be brought before an adjudicator for a review of the reasons for the continued detention of the person concerned, a senior immigration officer shall forward to the Adjudication Division forthwith the following information:

  • (a) the date and time before which the hearing to review the reasons for the continued detention must be held;

  • (b) the name and place of detention of the person concerned;

  • (c) the Canada Employment and Immigration Commission Client I.D. Number relating to the person concerned;

  • (d) the official language chosen by the person concerned for the hearing for the purposes of rule 10;

  • (e) where applicable, the language or dialect of the interpreter required by the person concerned for the purposes of rule 11;

  • (f) the name, address for service and telephone number of the counsel of the person concerned, if any;

  • (g) the date and time at which the person concerned was detained;

  • (h) the purpose of the detention; and

  • (i) whether the review is being held after 48 hours, seven days or 30 days of detention.

• (2) The senior immigration officer shall forward the information referred to in subrule (1) to the registry designated by the Adjudication Division.

• 29 (1) Where a person concerned referred to in subrule 28(1) wishes to be brought before an adjudicator for a review of the reasons for detention pursuant to subsection 103(6) of the Act, the person concerned shall so apply to the Adjudication Division in accordance with rule 19.

• (2) The application referred to in subrule (1) shall be accompanied by information referred to in paragraphs 28(1)(d) and (e) and a statement that sets out the reasons in support of the application.

30 Rule 7 and the time limits referred to in rules 10 and 11 do not apply in respect of the review of the reasons for detention referred to in rules 28 or 29.