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The Immigration and Refugee Board of Canada (IRB) is developing new Immigration Appeal Division (IAD) Rules to replace the existing IAD Rules. The IAD Rules establish the processes to be followed in appeals on immigration-related matters before the IAD. The objective of the new IAD Rules is to clarify, simplify and modernize the IAD Rules, in order to:
- Enhance efficiency and reduce the overall time it takes to finalize appeals;
- Create consistency with Rules of other IRB Divisions where appropriate;
- Clarify the processes and simplify the language used in the IAD Rules to make proceedings more accessible;
- Address recommendations by the Standing Joint Committee for the Scrutiny of Regulations in its review of the IAD Rules between 2007 and 2009 including amendments to correct technical errors and/or to correct inconsistencies between the English and French versions of the IAD Rules, as well as other recommendations such as providing a minimum time frame for the notice of hearing at the IAD.
Enabling Act: the Immigration and Refugee Protection Act
Regulatory cooperation efforts (domestic and international)
The new Rules will aim to ensure commonality where appropriate with other IRB Divisional Rules, and are aligned with other relevant regulations under the Immigration and Refugee Protection Act.
This initiative does not fall under a formal regulatory cooperation work plan.
Potential impacts on Canadians, including business
The changes are expected to benefit Canadians and others who wish to appeal a decision on an immigration matter, by providing them with simpler Rules and more timely decisions in their appeal.
There are no expected business impacts; any additional costs are expected to be minimal and borne by the parties to the proceedings rather than businesses.
The IAD has engaged stakeholders and portfolio partners [Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA)], Bar Associations, immigration and refugee advocacy groups, and lawyers and immigration consultants, on the modernization of the IAD Rules in 2016, and again on an early draft of the new IAD Rules in the winter of 2018-19.
These stakeholders, as well as the general public, will have a further opportunity to comment on the new IAD Rules when they are pre-published in the Canada Gazette, Part I.
The following are resources that support this regulatory initiative:
For further information, contact:
Senior Director, Policy, Outreach and Engagement Directorate
Policy, Planning and Corporate Affairs Branch
Minto Place – Canada Building
344 Slater Street, 12th floor
Ottawa, Ontario K1A 0K1
Date this regulatory initiative was first included in the IRB's Forward Regulatory Plan
March 29, 2019