The Refugee Protection Division (RPD) is
combining 9 practice notices into 1
Practice Notice on Procedural Issues (PNPI). Starting on September 9, 2024, the
PNPI either repeals (cancels), keeps, or gives new directions.
A summary of key information in the
PNPI is found below. We invite you to read the full practice notice for more detailed information. You may also wish to consult the
Questions and answers: Practice Notice on Procedural Issues.
On this page
Implementation date of the PNPI
This PNPI at the Refugee Protection Division (RPD or Division) replaces 9 previously issued practice notices which are therefore repealed. It comes into force on September 9, 2024, except for sections 2.2, 4.1, 4.4, and 4.5, which come into force on October 15, 2024. These 4 sections are:
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2.2 Request for additional time [to provide
BOC Form]
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4.1 Change of date and time
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4.4 Procedures for late disclosure
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4.5 Procedures for voluminous disclosure [of country conditions evidence]
The delay in implementation for these sections is to provide time for parties and their counsel to familiarize themselves with the new procedures and forms. Starting on October 15, 2024, use of the new forms becomes mandatory as set out in the practice notice.
Time limit to provide the completed Basis of Claim (BOC) Form – Port of Entry
If your claim is made at a port of entry, the
PNPI extends the time limit to submit the completed
BOC Form to the
RPD from 15 days to
45 calendar days after the claim is referred to the
RPD.
If you make your claim
inland (i.e., not at a port of entry), you are still required to provide your completed
BOC Form to an officer of Immigration, Refugees, and Citizenship Canada (IRCC) at your eligibility screening or before the officer refers your claim to the
RPD.
Whether you make your claim inland or at a port of entry, you will be given information about where and when you must submit your completed
BOC Form.
For port of entry claims, there may be exceptional circumstances that prevent you from meeting the 45 calendar-day time limit. If this happens, you can
apply to have extra time to submit your completed
BOC Form to the
RPD. You must use the application form
Application to extend the time limit to submit the Basis of Claim Form.
Submitting documents to the RPD
The
PNPI does not change how to submit documents to the
RPD. You are encouraged to use electronic means of communication with the
RPD, such as email (PDF attachments only), Connect (formerly ePost Connect), and the My Case portal (available only to counsel at this time). If you are unable to use these methods, you can use mail, courier, fax, or in-person delivery.
Do not forget to
submit all documents at least 10 calendar days before your hearing (5 calendar days if you are responding to another document submitted by
IRCC/CBSA or the
RPD).
RPD waives (removes) the requirement for some signatures
You no longer need to sign the following completed documents when you provide them
electronically, such as by email, Connect, or the My Case portal:
- the
BOC Form, including changes to the
BOC Form
- a declaration that a representative is not receiving a fee
- an interpreter's or translator's declaration
However, you must still write the date that you completed the documents.
The requirement to sign these documents is not waived if they are provided by mail, courier, fax, or in-person delivery.
Of note, for the
BOC Form, the member will ask you during the hearing to confirm that your unsigned
BOC Form is complete, true, and correct. If you are present in-person, the member may ask you to sign the
BOC Form at the beginning of your hearing.
RPD waives (removes) the requirement to provide original and extra copy of the BOC Form
You must provide
1 copy of your completed
BOC Form to the referring officer or the
RPD. You no longer need to provide the original
BOC Form and a second copy. However, you must keep your original
BOC Form because the member may want to see it.
Providing documents to the Minister
The Minister (IRCC or
CBSA) may intervene in your claim by submitting written evidence and arguments or by participating in-person. If the Minister is intervening in your claim, they will send you and the
RPD a Notice of Intent to Intervene. If you have received a Notice of Intent to Intervene, you must
send the Minister a copy of all documents that you send to the
RPD. The Minister's address and other contact information are on the Notice of Intent to Intervene.
Translation of documents
If you are submitting a document in a language that is not English or French, you must have it translated into English or French. A human translator must complete any translations. Any translated document must be accompanied by a
translator's declaration. The
RPD does not accept untranslated documents or documents translated by software or online tools (e.g., Google Translate).
Applications
Change of date and time
If you need to reschedule your hearing, you must complete an
Application to change the date or time of a proceeding and submit it to the
RPD as soon as you know you cannot attend your hearing. Use of this application form is mandatory but the
RPD will apply this requirement flexibly for parties who are not represented.
If your application to change the date and time of a hearing is granted, the
RPD will contact you or your counsel to reschedule your hearing. You no longer need to provide 3 alternate dates on which you are available to proceed with the hearing.
RPD waives (removes) requirements to provide an affidavit or statutory declaration with applications, responses, and replies
An affidavit or statutory declaration is a statement given under oath (which means you promise to tell the truth).
You no longer need to provide an affidavit or statutory declaration under Rule 50 (when you make an application), Rule 51 (response to an application) or Rule 52 (reply to a response). However, you may do so if you wish. A member may also require you to submit an affidavit or statutory declaration in certain cases.
RPD waives (removes) the requirement to submit a medical certificate
You no longer need to submit a medical document to support applications based on medical issues. However, you may do so if you wish. A member may also require a medical certificate in certain cases.
Procedures for late disclosure
Documents submitted for use at your hearing are known as disclosure. There are 2 general categories of disclosure:
- personal documents (for example, a passport or other identity document, a police report, etc.)
- evidence regarding country conditions (for example, human rights reports, research on the situation in the country, etc.)
You must submit your documents to the
RPD at least
10 calendar days before your hearing or 5 calendar days if the document is provided to respond to another document.
If you submit documents within
10 calendar days of your hearing, the disclosure is considered ‘late'. To have late documents accepted as evidence, you must make an
Application to submit late disclosure to the Refugee Protection Division as soon as possible. Remember to attach the late disclosure documents to your application when submitted.
Procedures for voluminous disclosure of country conditions evidence
Voluminous disclosure refers to country condition documents that you are submitting as evidence that, when combined, total
over 100 pages. Voluminous disclosure does not apply to personal documents.
To submit country conditions evidence exceeding 100 pages, you must make an
Application to submit voluminous disclosure to the Refugee Protection Division and attach the country documentation you wish to file.
Where a claim or application involves multiple countries of reference (for example, if you are a citizen or resident of multiple countries),
the page limit is 100 pages for each country of reference.
Each side of a page is counted as 1 page (for example, it counts as 2 pages if you print on both sides of a page).
Presence of minor refugee claimants at a hearing
Children who are under 18 years of age on the date of their hearing are not required to attend the hearing, unless required by the member. However, a minor may attend the hearing if they wish in consultation with their designated representative.
Members' use of electronic signatures
You may receive a decision signed either electronically or on paper with wet signatures; either signature is equally valid.
Submitting documents with graphic content
When filing evidence containing graphic content, such as pictures or videos that show violence, serious injuries, or sexually explicit acts, the party must clearly identify it by labelling it with “Notice: Graphic Content”.
The notice must be prominently displayed so that it will be seen before the recipient views the graphic content. For example, appropriate places to identify graphic content include the cover page of your document package, email subject line, and/or a table of contents.