Refugee Protection Division (RPD) Rules Summary

Who can be given refugee protection in Canada?

Following two categories can be given refugee protection:
1. Convention refugee (IRPA section 96), or
2. if you are a person in need of protection ((IRPA section 97).
Burden of Proof:
The burden of proving that a claim is eligible to be referred to the Refugee Protection
Division rests on the claimant, who must answer truthfully all questions put to them.
IRPA 100. IRPA 101 - Ineligibility
Hearing Before Refugee Protection Division (RPD)

Time limits for hearing :

● 159.9 (1) Subject to s ubs ections (2) and (3), for the purpos e of s ubs ection
100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection
Divis ion mus t be not later than
o (a) in the cas e of a claimant referred to in s ubs ection 111.1(2) of the
Act,
▪ (i) 30 days after the day on which the claim is referred to the
Refugee Protection Divis ion, if the claim is made ins ide
Canada other than at a port of entry, and
▪ (ii) 45 days after the day on which the claim is referred to
the Refugee Protection Divis ion, if the claim is made ins ide
Canada at a port of entry; and
o (b) in the cas e of any other claimant, 60 days after the day on which
the claim is referred to the Refugee Protection Divis ion, whether the
claim is made ins ide Canada at a port of entry or ins ide Canada other
than at a port of entry.
Exclusion :
(2) If the time limit s et out in s ubparagraph (1)(a)(i) or (ii) or paragrap h (1)(b) ends
on a Saturday, that time limit is extended to the next working day.

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Exceptions :
(3) If the hearing cannot be held within the time limit set out in subparagraph
(1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing
must be held as soon as feasible after that time limit:
o (a) for reas ons of fairnes s and natural jus tice;
o (b) becaus e of a pending inves tigation or inquiry relating to any of
s ections 34 to 37 of the Act; or
o (c) becaus e of operational limitations of the Refugee Protection
Divis ion.
Fixing date, time, and location of the hearing by RPD.
As soon as a claim for refugee protection is referred to the Division, or as soon as
possible before it is deemed to be referred under subsection 100(3) of the Act, an officer
must fix a date, time, and location for the claimant to attend a hearing on the claim. The
officer must select the date closest to the last day of the applicable time limit set out in
the Regulations

Time limit — provision of documents and information to Refugee Protection

Division
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 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, 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.
Time limits for hearing:
The date fixed for the hearing before the Refugee Protection Division must be not later
than:
● 30 days after the day on which the claim is referred to the Refugee Protection
Division, if the claim is made inside Canada other than at a port of entry

● 45 days after the day on which the claim is referred to the Refugee Protection
Division, if the claim is made inside Canada at a port of entry

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 ● in the case of any other claimant, 60 days after the day on which the claim is
referred to the Refugee Protection Division, whether the claim is made inside
Canada at a port of entry or inside Canada other than at a port of entry.
Note: The date fixed for a hearing of a claim or an application to vacate or to cease
refugee protection must not be earlier than 20 days after the day on which the parties
receive the notice of the hearing/proceeding, unless parties consent to an earlier date
or the hearing has been adjourned or postponed from an earlier date.

Claimant’s contact information – no later than 10 Days from the receiving notice
to appear

Application for extension of time – BOC: The application must be received by the
Division no later than three working days before the expiry of the time limit.

Changes to the BOC – Time limits: 10 days before hearing (Original + copy of each
updated page – sign and date each new page)

Conduct of a hearing: *** Important

● Order of questioning if minister is not a party - Standard order of questions

Member first questions the claimant including any witness and then the
claimant’s counsel does the questions
● Order of questioning — Minister’s intervention on exclusion issue
First Minister’s counsel, then the member, and then by the claimant’s counsel.
● Order of questioning — Minister’s intervention not on exclusion issue

First member, then the minister’s counsel, and then by the claimant’s counsel.
● Order of questioning — application to vacate or cease refugee protection

First Minister’s counsel, then the member, and then by the protected person’s
counsel.
Note: The Division must not vary the order of questioning unless there are exceptional
circumstances, including that the variation is required to accommodate a vulnerable
person.

● Member may limit the questioning of witness

● Representations must be made orally at the end of a hearing unless the Division
orders otherwise.
● Important: A Division member must render an oral decision and reasons for the
decision at the hearing unless it is not practicable to do so.
● Request to be removed as a counsel of record: Request has to be made 3 days
before the date fixed for the hearing and it has to be granted by the division.
Counsel remains counsel of record unless the request to be removed is gr anted.

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 ● In the cas e of couns el removed by the claimant, Couns el ceas es to be couns el
of record as s oon as the Divis ion receives the notice.
● Changing the language of proceeding -------- 10 days before the date fixed for
the next proceeding.
● Need for Interpreter - no later than 10 days before the date fixed for the next
proceeding.
● Witnes s - Need for Interpreter: no later than 10 days before the date fixed for the
next proceeding.
● Note: Des ignated repres entative can be a witnes s in proceedings as well

Disclosure of information from another claim (Rule 21 )

the Division may disclose to a claimant personal and other information that it wants to
use from any other claim if the claims involve similar questions of fact or if the
information is otherwise relevant to the determination of their claim.

Information from joined claims

Pers onal or other information from a joined claim is not s ubject to this rule. If claims
were once joined but were later s eparated, only pers onal or other information that was
provided before the s eparation is not s ubject to this rule.
Claim allowed witho ut hearing – IRPA 170 (f)

PRD may allow a claim for refugee protection without a hearing, if the Minis ter has not
notified the Divis ion, within the period s et out in the rules of the Board, of the Minis ter’s
intention to intervene – 10 day is the time limit for the minis ter.

Exclusion, Integrity Issues, Inadmissibility, and Ineligibility

● Possible Exclusion issues (possibility that section E or F of Article 1 of the

Refugee Convention applies to the claim) – Minister has 14 days to respond
● Possible integrity issues - Minister has 14 days to respond
● Possible inadmissibility or ineligibility issues – 20 days to respond
Intervention by the Minister
● Exclus ion claus es : If the Minis ter believes that s ection E or F of Article 1 of the
Refugee Convention may apply to the claim - 10 days before the date fixed for a
hearing.

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Disclosure of Documents:
no later than
● 10 days before the date fixed for the hearing; or
● 5 days before the date fixed for the hearing if the document is provided to
res pond to another document provided by a party or the Divis ion.

Use of undisclosed documents

A party who does not provide a document in accordingly, must not use the document
at the hearing unless allowed to do so by the Division. In deciding whether to allow its
use, the Division must consider any relevant factors, including
● the document’s relevance and probative value.
● any new evidence the document brings to the hearing; and
● whether the party, with reasonable effort, could have provided the document
as required by RPD rules.
Additional Documents: Documents after hearing
A party who wants to provide a document as evidence after a hearing but before a
decision takes effect must make an application to the Division.
Witness Time limits: no later than 10 days before the date fixed for the hearing.

If a party does not provide the witness information, the witness must not testif y at the
hearing unless the Division allows them to testify.

Making An application :

an application must be made in writing and must be received by the Division no later
than 10 days before the date fixed for the next proceeding . (Important: Unless PRD
Rules provide otherwise). For example the change of location application – no later than
20 days before the date fixed for the proceeding.

Joining or Separating Clai ms or Applications

The Division must join the claim of a claimant to a claim made by the claimant’s
spouse or common -law partner, child, parent, legal guardian, brother, sister,
grandchild or grandparent, unless it is not practicable to do so.

Note: Applications to vacate or to cease refugee protection are joined if the claims of
the protected persons were joined.

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Application to separate
A party may make an application to the Division to separate claims or applications to
vacate or to cease refugee protection that are joined.
Time limit: no later than 20 days before the date fixed for the hearing.

Observers - RPD:

An application is not n ecessary if an observer is a member of the staff of the Board or a

representative or agent of the United Nations High Commissioner for Refugees or if the
claimant or protected person consents to or requests the presence of an observer
other than a representative of the press or other media of communication at the
proceeding.

Application to reinstate withdrawn claim:

A person may make an application to the Division to reinstate a claim that was made
by the person and was withdrawn.

If the person made a previous application to reinstate that was denied, the Division
must consider the reasons for the denial and must not allow the subsequent
application unless there are exceptional circumstances supported by new evidence.

Note: The Minister may make an applicat ion to the Division to reinstate an application
to vacate or to cease refugee protection that was withdrawn.

Reopening a Claim or Application

At any time before the Refugee Appeal Division or the Federal Court has made a final
determination in respect of a claim for refugee protection that has been decided or
declared abandoned , the claimant or the Minister may make an application to the
Division to reopen the cl aim.

Allegations against counsel:

If it is alleged in the application to reopen a claim that the claimant’s counsel in

the proceedings that are the subject of the application provided inadequate
representation,
● the claimant mus t firs t provide a copy of the application to the couns el and
then provide the original application to the Divis ion, and
● the application provide d to the Divis ion mus t be accompanied by a written
s tatement indicating how and when the copy of the application was provided
to the couns el.

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Abandonment

The special hearing on the abandonment of the claim for the failure to provide a
completed Basis of Claim Form must be held no later than five working days after the
day on which the completed Basis of Claim Form was due. At the special hearing, the
claimant must provide their completed Basis of Claim Form, unless the form has
already been provided to the Division.

Decision:

The division must provide in writing a notice of decision (and written reasons) to the
claimant or the protected person, as the case may be, and to the Minister.

Who is a Convention refugee? IRPA 96

96. A Convention refugee is a person who by reason of a well-founded fear of
persecution for reasons of race, religion, nationality, membership in a particular social
group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that
fear, is unwilling to avail themselves of the protection of each of those countries, or
(b) not having a country of nationality, is outside their country of former habitual
residence and is unable or, by reason of that fear, unwilling to return to that country.
Who is a person in need of protection? IRPA 97

Person in need of protection

97 (1) A person in need of protection is a person in Canada whose removal to their
country or countries of nationality or, if they do not have a country of nationality, their
country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of
Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the
protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced
generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard
of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or
medical care.

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Making a Claim:
● at any port of entry (airport, seaport, land border)
● claim after arriving in Canada
Basis for your Claim
● Deadlines to submit the form
If you made your claim for refugee protection at an IRCC office, you must submit your
completed BOC Form on the day of your eligibility interview.
Or
If you made your claim for refugee protection at any port of entry, you must submit one
completed BOC Form to the RPD for each family member, no later than 15 days after
the date your claim was referred.
● Making changes to the form after it is submitted
If you find a mistake on your BOC Form, realize that you forgot something important, or
receive additional information, you must tell the RPD. Underline the information you
changed or added, sign and date the changed pages, and send the original and one
copy of all the pages that have been changed to the RPD. You must also provide a
declaration stating that the information in the BOC Form together with the changes and
additions is complete, true and correct, and that you understand that the declaration has
the same force as an oath. The RPD will then forward a copy of those changed pages
to IRCC or the CBSA. The RPD must receive the new pages at least 10 days before
your hearing.
Attending your hearing
● Young children under the age of 12 who are accompanied by an adult making a
refugee claim are not required to appear before the Refugee Protection Division
unless the presiding member requires their attendance.
● Who can be in presence at the RPD hearing:
● What will happen at your hearing

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