This plan provides information on regulatory proposals that the Immigration and Refugee Board of Canada (IRB) expects to undertake over the next 24 months. It also identifies public consultation opportunities for regulatory initiatives.
Comments or enquiries can be made using the IRB's contact information included at the end of this Forward Regulatory Plan.
On this page
Regulatory initiative: Modernizing the Immigration Division Rules
Enabling act: Immigration and Refugee Protection Act (IRPA)
Description
The Immigration and Refugee Board of Canada (IRB) is revising the Immigration Division Rules (ID Rules or Rules). The ID Rules establish the processes and required procedures of the ID, namely regarding detention reviews and admissibility hearings. The IRPA provides statutory authority for each set of divisional Rules.
The objective of revising the ID Rules is to simplify and modernize them to:
- make the Rules easier to navigate and understand
- modernize the Rules around means of providing documents and around the form of documents to facilitate and expedite electronic case processing
- clarify the Rules around disclosure and address specific deficiencies in the current Rules that were noted by the Federal Court of Appeal in Brown v. Canada (Citizenship and Immigration), 2020 FCA 130
- add Rules around varying terms and conditions of release
- consider, where applicable, gender sensitive terminology and concepts
Regulatory cooperation efforts (domestic and international)
The revised ID Rules would aim to ensure alignment where appropriate with the Rules of other IRB divisions, and with relevant regulations under the IRPA.
This initiative does not fall under a formal regulatory cooperation work plan.
Potential impacts on Canadians, including business
The changes to the ID Rules are expected to benefit Canadians and persons who may be subject to proceedings before the ID, namely non-citizens of Canada, by ensuring robust and rigorous processes that help ensure the safety and security of Canadian communities, facilitate timely and efficient decisions, reflect evolving jurisprudence and technologies, and ensure efficiency and fairness through consistency in proceedings and requirements.
There is no expected impact on business.
Consultations
In 2022 and 2023, the ID engaged stakeholders on revision of the ID Rules. This included national and provincial immigration and refugee advocacy groups, private counsel and immigration consultants. Portfolio partners in Canada Border Services Agency and Immigration, Refugees and Citizenship Canada were also included.
These stakeholders, as well as the general public, will have an opportunity to comment on the proposed new ID Rules when they are pre-published in the Canada Gazette, Part I.
Further information
For further information on the current ID Rules and processes at the ID, please see: Immigration Division Rules, Detention reviews and admissibility hearings, and Acts, Rules and regulations administered by the IRB.
Date the regulatory initiative was first included in the Forward Regulatory Plan:
N/A
Regulatory initiative: Minor Changes to the Immigration Appeal Division Rules
Enabling act: Immigration and Refugee Protection Act (IRPA)
Description
The Immigration and Refugee Board of Canada (IRB) is planning to undertake minor revisions to the Immigration Appeal Division Rules (IAD Rules or Rules). The IAD Rules establish the processes and required procedures of the IAD for appeals on immigration-related matters, including sponsorships, removal orders and residency obligations. The IRPA provides statutory authority for each set of divisional Rules.
The objective of revising the IAD Rules is for minor changes to:
- align the Rules with the amendments to the other IRB Divisional Rules
Regulatory cooperation efforts (domestic and international)
The revised IAD Rules would aim to ensure alignment where appropriate with the Rules of other IRB divisions, and with relevant regulations under the IRPA.
This initiative does not fall under a formal regulatory cooperation work plan.
Potential impacts on Canadians, including business
The changes to the IAD Rules are expected to benefit Canadians and persons who may be subject to proceedings before the IAD, namely non-citizens of Canada, by ensuring consistency with other IRB Divisional Rules. There is no expected impact on business.
Consultations
Stakeholders such as national and provincial immigration and refugee advocacy groups, private counsel and immigration consultants, and portfolio partners [Immigration, Refugees and Citizenship Canada and Canada Border Services Agency] will be consulted.
These stakeholders, as well as the general public, will have an opportunity to comment on the proposed new IAD Rules when they are pre-published in the Canada Gazette, Part I.
Further information
For further information on the current IAD Rules and processes at the IAD, please see: Immigration Appeal Division Rules, and Acts, Rules and regulations administered by the IRB.
Date the regulatory initiative was first included in the Forward Regulatory Plan:
N/A
Regulatory initiative: Modernizing the Refugee Protection Division Rules
Enabling act: Immigration and Refugee Protection Act (IRPA)
Description
The Immigration and Refugee Board of Canada (IRB) is revising the Refugee Protection Division Rules (RPD Rules or Rules). The RPD Rules establish the processes and required procedures of the Refugee Protection Division (RPD) for adjudicating a claim and/or an application to cease or vacate a claim for refugee protection in Canada. The IRPA provides statutory authority for each set of divisional Rules.
The objective of revising the RPD Rules is to simplify and modernize them to:
- make the Rules easier to navigate and understand
- expand electronic exchange of documents with parties and their counsel and to expedite electronic case processing
- enhance efficiency of proceedings to support timely completion of cases, including timely filing of evidence
Some amendments may be prioritized.
Regulatory cooperation efforts (domestic and international)
The revised RPD Rules would aim to ensure alignment where appropriate with the rules of other IRB divisions, and with 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 to the RPD Rules are expected to benefit Canadians and persons who may be subject to proceedings before the RPD, namely non-citizens of Canada by facilitating efficient and timely decisions, creating modern Rules that reflect evolving jurisprudence and technologies, and ensuring efficiency and fairness through consistency in proceedings and requirements.
There is no expected impact on business.
Consultations
Stakeholders such as national and provincial immigration and refugee advocacy groups, private counsel and immigration consultants, and portfolio partners [Immigration, Refugees and Citizenship Canada and Canada Border Services Agency] will be consulted.
These stakeholders, as well as the general public, will have an opportunity to comment on the proposed new RPD Rules when they are pre-published in the Canada Gazette, Part I.
Further information
For further information on the current RPD Rules and processes at the RPD, please see: Refugee Protection Division Rules and Acts, Rules and regulations administered by the IRB.
Date the regulatory initiative was first included in the Forward Regulatory Plan:
N/A
Regulatory initiative: Modernizing the Refugee Appeal Division Rules
Enabling act: Immigration and Refugee Protection Act (IRPA)
Description
The Immigration and Refugee Board of Canada (IRB) is revising the Refugee Appeal Division Rules (RAD Rules or Rules). The RAD Rules establish the processes and required procedures of the RAD for appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. The Immigration and Refugee Protection Act provides statutory authority for each set of divisional Rules.
The objective of revising the RAD Rules is to simplify and modernize them to:
- make the Rules easier to navigate and understand
- modernize the Rules around means of providing documents and around the form of documents to facilitate and expedite electronic case processing
Some amendments may be prioritized.
Regulatory cooperation efforts (domestic and international)
The revised RAD Rules would aim to ensure alignment where appropriate with the Rules of other IRB divisions and with relevant regulations under the IRPA.
This initiative does not fall under a formal regulatory cooperation work plan.
Potential impacts on Canadians, including business
The changes to the RAD Rules are expected to benefit Canadians and persons who may be subject to proceedings before the RAD, namely non-citizens of Canada, by facilitating efficient and timely decisions, creating modern Rules that reflect evolving jurisprudence and technologies, and ensuring fairness through consistency in proceedings and requirements.
There is no expected impact on business.
Consultations
Stakeholders such as national and provincial immigration and refugee advocacy groups, private counsel and immigration consultants, and portfolio partners [Immigration, Refugees and Citizenship Canada and Canada Border Services Agency] will be consulted.
These stakeholders, as well as the general public, will have an opportunity to comment on the proposed new RAD Rules when they are pre-published in the Canada Gazette, Part I.
Further information
For further information on the current RAD Rules and processes at the RAD, please see: Refugee Appeal Division Rules and Acts, Rules and regulations administered by the IRB.
Date the regulatory initiative was first included in the Forward Regulatory Plan:
N/A
IRB's contact information
Senior Director, Policy, Engagement and Parliamentary Affairs
Immigration and Refugee Board of Canada
Minto Place – Canada Building
344 Slater Street, 12th floor
Ottawa, Ontario K1A 0K1
IRB.Policy-Politiques.CISR@irb-cisr.gc.ca