This Practice Notice provides important information regarding the electronic exchange of documents between the Immigration and Refugee Board of Canada (IRB) and parties using My Case.
Effective October 26, 2020, all Divisions of the IRB will allow the exchange of documents electronically using the IRB's self-service Web Portal known as My Case. My Case will allow parties to provide documents to the IRB and to receive documents from the IRB.
The electronic exchange of documents permitted by the Divisions through other processes such as email or Connect continue unchanged.
Who can use My Case
My Case is available only to registered users. Once a user is registered, documents can be exchanged with the Division. Further information on who is eligible to register and the registration process can be found the on the
IRB website.
Documents that can be provided using My Case
Any document, including those containing personal information, may be exchanged using My Case. This also includes documents which are subject to a confidentiality order or for which a confidentiality order is sought. The portal is rated for the exchange of documents classified up to and including Protected BFootnote 1.
A document is considered received on the date of receipt indicated by the electronic time stamp in My Case. The electronic time stamp is in Eastern Time (standard time or daylight-saving time, as the case maybe, in Ottawa, Ontario). Whether a document will be considered to have been filled on time will be determined based on the equivalent local time for the regional IRB office that is processing the case file. For example, a document filed for a Vancouver case file that is stamped 2021-04-02 01:00, will be considered to have been received at 2021-04-01 22:00.
Documents provided through My Case must follow the procedures on the IRB website. If the procedures are not followed the document may not be accepted.
Documents that cannot be provided using My Case
My Case cannot be used to provide documents to the Minister or another party, where required under a Division’s Rules.
Documents provided to another party including Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) must still be provided by one of the accepted ways set out in the Rules of the appropriate Division. Please communicate with CBSA or IRCC directly to obtain their contact information.
Any document that contains sensitive information that results in the document having a security designation at the Protected C or Classified level (Confidential, Secret, Top Secret)Footnote 2 cannot be provided through My Case. This prohibition includes documents included in an application by the Minister for the non-disclosure of information or other evidence under section 86 of the
Immigration and Refugee Protection Act.
Providing documents to Divisions using other accepted ways
Registered users still have the option of providing documents to a Division by one of the other accepted ways set out in the Division's Rules.
Receiving documents using My Case
At the discretion of the Division, the Division may provide documents to registered users through My Case. The Division may also choose to provide documents to registered users by one of the accepted ways set out in the Division's Rules and practice notices.
Documents provided by a Division to a registered user are considered received by the registered user on the date of receipt indicated by the electronic time stamp in My Case.
Original Documents
Where there is a requirement in a Division's Rules for an original document to be provided, the Division will accept the filing of a copy through My Case.
Documents requiring a signature
Where there is a requirement in a Division's Rules for a document to be signed, the Division will accept the filing of a copy through My Case. If a Division has waived the requirement for a document to be signed, the document does not need to be signed if it is provided through My Case.
Retention of documents
Original documents and documents requiring a signature must be kept by the sender until the proceeding has been finalized and at least 30 days after all appeal periods or the period for making an application for leave and judicial review have expired.
Proof of service
A requirement in a Division's Rules to provide either a written statement indicating how and when a document was provided to other parties, or proof that the document was provided, will be satisfied by indicating how and when the document was provided using the statement of service functionality in My Case.
Division's Rules continue to apply
Unless otherwise stated, the requirements set out a Division's Rules and practice notices continue to apply to the submission of documents using My Case.
Authority
i) RPD and RAD
The Refugee Protection Division (RPD) Rules and the Refugee Appeal Division (RAD) Rules state that documents may be provided “by email or other electronic means if the Division allows.”Footnote 3 This Practice Notice confirms that the RPD and the RAD are allowing documents to be provided in their proceedings by electronic transmission through My Case.
The RPD Rules and the RAD Rules provide that the Division may change a requirement of a rule after giving notice to the parties.Footnote 4 Where this Practice Notice establishes a change in the requirement of a rule, it constitutes notice to the parties.
ii) ID and IAD
The Immigration Division (ID) Rules and the Immigration Appeal Division (IAD) Rules state that documents may be provided “by electronic mail if the Division allows"; there is no reference to "or other electronic means”.Footnote 5
The ID Rules and the IAD Rules, however, provide that the Division may change a requirement of a rule.Footnote 6 This Practice Notice confirms that the ID and the IAD have changed the requirements of their respective rules in order to allow for documents to be provided in their proceedings by electronic transmission.
Effective date
This Practice Notice comes into force on October 26, 2020.
Signed on October 23, 2020
Richard Wex
Chairperson
Immigration and Refugee Board of Canada