The RPD has issued several practice notices over the years to explain the procedures that the RPD uses to decide refugee claims. To make it easier to understand and find information, the RPD has decided to combine 9 of its practice notices into 1 practice notice called the Practice Notice on Procedural Issues (PNPI). The PNPI endnotes list the practice notices that are being replaced.

At the same time, the RPD has updated some of the procedures that were contained in the previous practice notices, added new procedures, and in some cases canceled procedures.

2. What has changed and what has stayed the same in the PNPI?

The RPD has retained, modified or expanded upon many procedures from the previous practice notices, such as extension of Basis of Claim (BOC) Form time limits (see Question 4), processes for translating documents (see Question 10), waivers of signatures, affidavits, and medical certificates (see Questions 11, 18, 19), and exemption of minors from attending the hearing (see Question 30). In addition, the RPD has added new procedures, such as new application forms and procedures for BOC Form extensions (see Question 5), late disclosure (See Questions 20-24) and voluminous disclosure (see Questions 25-29).

Implementation date of the Practice Notice on Procedural Issues (PNPI)

3. When will the procedures set out in the PNPI apply to my claim?

The PNPI 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:

2.2 Request for additional time [to provide BOC Form]
4.1 Change of date and time
4.4 Procedures for late disclosure
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 this practice notice.

Basis of Claim (BOC) Form

4. When do I have to submit my completed Basis of Claim (BOC) Form?

The PNPI extends the time limit to submit the completed BOC Form to the RPD for claims made at a port of entry from 15 days to 45 calendar days after the claim is referred to the RPD.

Note that the 45 calendar-day time limit for port-of-entry claims counts all calendar days, not just working days. You are welcome to submit your completed BOC Form to the RPD before 45 days. The RPD needs your completed BOC Form to schedule your hearing. Please remember to answer all questions on the Form.

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 the referring officer of Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).

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.

Find out how to submit documents.

5. Can I have extra time to submit the completed BOC Form?

For claims made at a port of entry, you can apply for an extension of time to submit your completed BOC Form. You must use the application form on the IRB's website to make this request. Submit your application form at least 3 working days before the BOC Form is due. On the application form, give the RPD the reasons why you need an extension. The RPD will review the reasons and decide if it will give you an extension. You will be notified of the decision by the RPD.

Request additional time to submit your BOC Form.

6. What if I do not meet the time limit for submitting the completed BOC Form?

If you do not meet the 45 calendar-day time limit for submitting the completed BOC Form, and the RPD has not given you more time, you must come to a special hearing called an abandonment hearing. You should send the RPD your completed BOC Form before the special hearing or bring it to the hearing. At this hearing, you must explain the reasons why your BOC Form was not submitted in time. The RPD will then decide if your claim may continue or will be declared abandoned. If your claim is declared abandoned, the RPD will close your file and you will not be able to make another refugee claim.

7. Can I provide an incomplete (partial BOC Form) if I made my claim in Québec?

No. If your claim is referred to the RPD on or after September 9, 2024, your BOC Form must be complete when you send it, which means you must answer all questions.

Previously, under a 2017 practice notice, the RPD had accepted a partial BOC Form from claimants who made their claim in Québec. This 2017 practice notice addressed the influx of refugee claimants entering Québec, and the difficulties they were facing to secure counsel and interpreters at the time. The 2017 practice notice no longer applies.

8. How do I change my BOC Form?

If you need to make changes to your BOC Form or if you wish to add something to your BOC Form, you should send the changes or additions to the RPD as soon as possible. The RPD must receive any BOC Form changes or additions no later than 10 calendar days before the date fixed for your hearing.

Providing documents to the Refugee Protection Division (RPD)

9. How do I submit documents to the RPD?

The RPD encourages you to use electronic means to communicate, by using email, Connect (formerly ePost Connect) and the My Case portal. If you are unable to use these methods, you can use mail, courier, fax, or in-person delivery.

You should submit all documents you want to use at your hearing at least 10 calendar days before your hearing (or 5 calendar days if you are responding to another document submitted by the Minister or by the RPD).

Documents submitted by email must be in PDF format. The subject line of the email must state the RPD File Number, the date of the hearing, if applicable, and the type of document. All documents must be submitted as an attachment.

10. How do I need to present my documents?

The RPD has strict rules for how you present documents for submission. Here are 5 important rules that you must follow:

Each document needs to be typewritten, in a font not smaller than 12 point, on 1 or both sides of 216 mm by 279 mm (8 ½ inches x 11 inches) paper.
If the documents are not in French or English, you must have them translated. Translations must be done by a human translator. Do not use Google Translate or another software. You are not allowed to translate documents on your own. Your counsel also cannot translate your documents. Your translator must sign a declaration which has their name, the language and dialect (if any), and a statement that the translation is accurate. The requirement to sign the declaration and the statement is waived if the declaration is submitted electronically only.
Only submit a copy of your documents. Keep the originals in case the RPD asks to see them later. The RPD requires only 1 copy of your BOC Form.
Submit a list that identifies each document (like a table of contents) and number all pages.
If you wish to submit a document, the full document or excerpt of the document that you are providing must be sent to the RPD. The RPD will not accept a hyperlink to a document as evidence. A hyperlink is a link to a website or document online. For example, if you wish to submit a report from a human rights organisation that you found on the internet, you must submit an electronic copy (such as in PDF format) or scanned printed copy of the report. In addition, if the document contains hyperlinks to other documents, the RPD will only consider the information in the original document and not the other documents which are linked. If you wish to have the other documents found at the hyperlinks included as evidence, you must provide electronic copies of those documents to the RPD as well.

11. Do I need to sign my documents?

The RPD understands that collecting signatures can be a challenge, particularly where persons are communicating electronically. For these reasons, the RPD waives (removes) the requirements in the RPD Rules for signatures on the following documents if they are provided electronically, such as by email, Connect (formerly ePost 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

All documents must be dated, even if submitted electronically.

The requirement to sign these documents is not waived if they are provided by mail, courier, fax, or in-person delivery. If you do not sign your BOC Form, the member will ask you at the beginning of your hearing to confirm that the contents are complete, true, and correct, and whether you needed an interpreter to complete the BOC Form. If you are together with the member at an IRB office, the member may also ask you to sign the BOC Form at the beginning of your hearing.

12. What are the new application forms?

An application is a request for the RPD to give you special consideration on a matter. The RPD is introducing 4 new forms to make it easier for you to submit applications for:

Requesting more time to submit your Basis of Claim (BOC) Form
Changing the date and time of your proceeding
Submitting late disclosure
Submitting voluminous disclosure of country conditions evidence

13. What if I have trouble completing an application form?

You can access the forms on the IRB website. You can contact the RPD Registry to ask questions about the forms. Registry can answer general questions but they cannot provide advice about what you should put into the form (legal advice). If you experience difficulties with accessing the technology to complete an application form, you should contact the RPD Registry right away. They can mail or fax you a copy of the form. You can also request to pick up a copy of the form at an IRB office.

14. How do I know if the Minister is a party to my proceedings?

The Minister refers to either the Minister of Immigration, Refugees and Citizenship – who is the head of IRCC, or the Minister of Public Safety, who is the head of the CBSA. In the refugee process, the Minister is represented by officials of IRCC or the CBSA, called hearings officers. Hearings officers are also sometimes referred to as the “Minister's Counsel”.

The Minister may intervene in any refugee claim and may do so by appearing in person to ask you questions or submit evidence and arguments, or by submitting evidence and arguments in writing only.

If the Minister intervenes, they will send you a document called Notice of Intent to Intervene. The document will indicate if the Minister is intervening in person or only in writing. It will also include contact information for the Minister.

Under the RPD Rules, the RPD considers the Minister to be a party whenever the Minister has intervened in the claim, either by appearing in person or in writing.

If the Minister intervenes, even if only in writing, you must send the Minister a copy of all documents you send to the RPD. You must also write a letter to the RPD confirming that you have sent a copy of your documents to the Minister.

Requesting a change of date or time (postponement)

15. How do I ask to reschedule my hearing?

If you need to reschedule your hearing, you can make a request to change the date or time of your hearing (which is also called an application to postpone the hearing). You must make your request by using the application form on the IRB's website.

You must send your completed application to the RPD without delay or no later than 3 days before the date of your hearing unless your request is because of medical reasons or other emergencies. In other words, you must send your application as soon as you know you want your hearing to be postponed.

Do not wait to send in your application to change the date or time of your hearing. When deciding whether to accept your request, the RPD will consider whether you acted diligently by making the application as soon as possible.

The RPD usually does not change the date or time of a hearing, so you must give the RPD reasons why the change is necessary. You can find more information about how the RPD considers requests for a change of date and time by consulting the Chairperson Guideline 6: Scheduling and Changing the Date or Time of a Proceeding

Apply to change the date or time of your hearing

16. What if my hearing is very soon?

The RPD understands that there may be emergencies or other events outside your control, such as illness, which arise near the hearing date. You may still ask the RPD to postpone your hearing. Send in your request as quickly as possible. Remember to send a copy to the Minister if they have intervened in your claim.

Find out if the Minister has intervened in your claim.

If the RPD denies your request, you must be ready to proceed on the date and time of your hearing. If you do not receive a response, you must appear and be ready to proceed, and the member will decide your application then.

17. Do I need to provide alternate dates with my change of date and time application?

No. While you must make an application to change the date or time of a proceeding without delay, you are no longer required to provide 3 alternate dates. If the RPD approves your application, the RPD will contact you or your counsel to reschedule your hearing.

Find out how to change the date or time of a proceeding.

Affidavits and statutory declarations

18. Do I need to provide an affidavit or statutory declaration with my applications, responses, and replies?

No. An affidavit or statutory declaration is a statement that is given under oath. The RPD Rules require an affidavit or statutory declaration in some circumstances. However, the PNPI waives (removes) this requirement for all applications. Therefore, you are no longer required to provide an affidavit or statutory declaration when you make an application, although you may do so if you wish. A member may also require you to submit an affidavit or statutory declaration in certain cases.

Medical certificates

19. Do I need to submit a medical certificate if I need to postpone my hearing due to illness?

No. You are no longer required to submit medical documents to support applications based on medical issues. However, you may still present a medical certificate in support of an application if you wish. A member may also require you to submit a medical certificate in certain cases.

Late disclosure

20. What is late disclosure?

The RPD Rules require that you submit documents for use at your hearing at least 10 calendar days before your hearing date. A 5 calendar-day exception occurs when you are responding to a document filed by the RPD or another party. Any document you wish to file with the RPD after this time limit is late disclosure.

21. Can I submit late disclosure?

Yes, but the RPD must approve any late disclosure before it can be used at your hearing.

You can make a request to submit late disclosure by using the form Application to Submit Late Disclosure to the Refugee Protection Division. However, if you do not have a computer, or other reasons prevent you from using the form, you may write to the regional RPD Registry to make your request to submit late disclosure.

Submit your application along with the late disclosure you wish to file as soon as possible, even if it is late. Do not wait for the day of the hearing. Remember to send a copy to the Minister if they have intervened in your claim.

An RPD member will decide whether to admit your late documents for use as evidence in your hearing. To do so, they will consider all relevant factors, including:

each document's relevance and probative value (for example, why the document is important)
any new evidence or information the document adds to the hearing of your case
whether you could have provided the document on time

22. Why do I have to apply to submit an application to provide late disclosure?

The RPD Rules require most documents that will be used as evidence to be sent to the RPD at least 10 days before the hearing. This allows the RPD and the Minister, if they are intervening, to prepare for the hearing. When documents are filed late, it can cause hearings to be postponed at the last minute, among other impacts. The RPD is implementing this procedure because it receives a lot of late disclosure which has many negative impacts, including longer wait times to have a hearing for all claimants.

While RPD Rule 36 sets out factors for a member to consider when deciding whether to accept late disclosure, neither this Rule nor any other Rule sets out a procedure for submitting late evidence. The PNPI brings clarity by laying out a procedure that includes a new form.

23. How will I know if my late disclosure is accepted?

Once the RPD receives your application form and documents, the RPD Registry will inform you if your documents are accepted for use at your hearing. Sometimes, the member may tell you at the beginning of your hearing whether your documents are accepted.

If your application is refused, you will have to proceed with your hearing without the use of the late disclosure. The RPD will return these documents to you if they arrived by mail, courier, fax, or in-person delivery but will dispose of them if they were submitted electronically.

24. If my hearing is postponed or adjourned after it is started, can I submit more documents?

Yes. If your hearing begins but cannot be completed, it will need to be scheduled for another sitting to continue. You may submit new evidence at least 10 calendar days before the next sitting. Likewise, if your hearing is postponed before it starts, the same rules apply. If you cannot respect the time limit to submit documents for your hearing, the RPD requires you to use the form Application to Submit Late Disclosure to the Refugee Protection Division.

Find out how to submit late disclosure

Voluminous disclosure of country conditions evidence

25. What is voluminous disclosure of country conditions evidence?

Evidence presented before the RPD generally falls into 2 broad categories:

personal documents (e.g., identity documents, police reports, etc.)
country conditions evidence (e.g., human rights reports, research on the situation in the country, etc.)

The RPD defines voluminous disclosure as documents that deal with country conditions evidence that add up to over 100 pages.

26. Is there a page limit for personal documents?

No. There is no limit on the number of personal documents you can submit that are relevant to your claim. You do not need to make an application if they are more than 100 pages. The new procedures only apply to country conditions documents.

27. What is the page limit for voluminous disclosure of country conditions evidence?

The page limit for country conditions documents is 100 pages per country. If you have multiple countries in your claim, the page limit is 100 pages for each country included. The most common situations where more than 1 country is discussed in 1 file include:

1 or more claimants having 2 nationalities (are citizens of more than 1 country)
the files of 2 or more claimants being heard together (joined), and they are citizens of different countries
the Minister has intervened asking for you to be excluded under Article 1E because you have status in a third country

Where you exceed the 100-page limit per country, you must make an application to the RPD by using the form Application to Submit Voluminous Disclosure to the Refugee Protection Division.

The RPD counts pages per side; therefore, a sheet printed on both sides counts as 2 pages. The table of contents and a fax confirmation page are not counted towards the 100-page limit.

Note: the RPD can join claims into 1 file. A common example is when members of the same family file their refugee protection claims at different times. The RPD will join these separate claims into 1 file and, therefore, 1 hearing. The 100-page limit for country conditions applies to the joined file that includes all family members, not to each individual claim.

Your documents must be submitted in French or English (or be accompanied by a translation), page-numbered, and include a list that clearly identifies each document (for example, by author, date, and subject). Any submission of new evidence must be in printed form, not a hyperlink (e.g., a link to a website or document online). Hyperlinks may be included in document text, but the content found at the links will not be considered as evidence. A translator's declaration also needs to be included, if applicable.

28. Why does the RPD limit voluminous disclosure of country conditions evidence?

The RPD is a specialized tribunal whose members (decision makers) have considerable expertise relating to country conditions. The RPD also has a research directorate that is staffed with highly qualified researchers who produce National Documentation Packages (NDPs). NDPs contain all major international human rights reports. The RPD discloses the relevant NDPs into evidence in every refugee claim.

Nonetheless, voluminous disclosure on country conditions is often submitted that either duplicates the relevant NDP or that does not speak directly to the individual's claim that is subject to the proceeding. These large submissions can result in longer hearings, postponements, and resumptions (hearings that must be continued on another date). This, in turn, means that all claimants must wait longer to have a hearing.

Since the RPD Rules do not address the issue of the amount of documentary evidence a party may provide, and the NDP provides sufficient country conditions evidence in most cases, the RPD is limiting voluminous disclosure of country conditions evidence.

When deciding whether to accept voluminous disclosure, the RPD considers if the evidence is relevant and probative, and whether the evidence is already provided in the NDPs and other documents.

You should carefully review the NDP for your country or countries. The NDPs are updated regularly, so you should check that you are up to date on the latest version of the NDP before your hearing.

Find National Documentation Packages

29. Can I submit country conditions evidence over 100 pages per country?

If you wish to submit country conditions evidence over 100 pages, you must use the form on the IRB website to make an application to submit voluminous disclosure. If you do not have a computer or if other reasons prevent you from using the form, you may contact the RPD Registry for assistance in making your application. For example, the Registry may mail you a copy of the application form if there is enough time for it to reach you before your hearing. The Registry can answer general questions but cannot tell you what to put in your form or what documents you should submit as evidence (legal advice).

Do not forget that a voluminous disclosure application must be submitted 10 days before the hearing or you will also need to submit an application for late disclosure using the application form on the IRB website.

Your application should explain how the documents add new information to the hearing and address the factors set out in RPD Rule 35. In particular, you must explain how each document is relevant (important) to your particular circumstances.

Remember to send a copy of the application form (and any attached documents) to the Minister if they have notified you of their intention to intervene. The Minister's address is on the Notice of Intent to Intervene.

Apply to submit voluminous disclosure

Presence of minor refugee claimants at a hearing

30. Do I bring my children who are under 18 years old to our hearing?

Minor children are those who are under 18 years of age. If your child will still be a minor on the date of their hearing, they do not need to attend the hearing unless they wish to attend or if the member asks them to participate.

Children require special procedural safeguards and care. The RPD is committed to paying particular attention to their interests, needs, and rights. Chairperson’s Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board sets out considerations for the member when deciding whether to require your child to attend the hearing. The RPD will notify you before your hearing if the member requires your child to attend. The member will be attentive to your child's needs.

Minor children have the legal right to attend their hearing. Your child or children may wish to attend the hearing to engage and ask questions. If you wish to have your minor child(ren) attend the hearing, you should discuss their participation with their designated representative and counsel, if they have one, and have them notify the RPD prior to the hearing.

Members' use of electronic signatures

31. Can members use electronic signatures to sign reasons for decisions?

Yes, members may sign their reasons for decisions electronically, by using an electronic stamp instead of a wet signature. Both signatures are equally valid.

Submitting documents with graphic content

32. What is graphic content?

Refugee claims often involve persons fleeing difficult situations, such as situations involving violence or persecution based on sexual orientation. Therefore, the RPD sometimes receives evidence from parties containing graphic content. Graphic content is also known as sensitive materials, and may include documents, material, pictures, and videos that feature violence, serious injuries, or sexually explicit acts.

Exposure to graphic content can have a negative impact on viewers, readers, and listeners, particularly when it is unexpected. The RPD requires parties to label any evidence containing graphic content with “Notice: Graphic Content”. Examples of appropriate places to affix the notice include the submission package's cover page, email subject line, and/or a table of contents.

The purpose of this procedure is to protect the health and safety of IRB staff and not to limit relevant evidence that a party wishes to submit.