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CHAPTER 2

2. THE IMMIGRATION AND REFUGEE BOARD

2.1 Structure of the Board

2.1.1 Divisions and Members

DescriptionReference
— the IRB created under the Immigration Act is continuedIRPA, s. 188
— "Board" means the IRB, which consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal DivisionIRPA, s. 2(1)
— the IRB consists of four Divisions : the RPD, the RAD, the IAD and the IADIRPA, s. 151
Note: the provisions of IRPA that give power to the RAD to conduct any business have not yet come into force. See "Order Fixing June 28, 2002 as the Date of Coming into Force of Certain Provisions of the Act", SI/2002-97, published in the Canada Gazette, Part II, June 14, 2002, page 448. RAD provisions that have not come into force include IRPA, ss. 73, 110, 111, 171, 194, and 195.  
— the IRB is composed of a Chairperson and other members as are required to ensure the proper functioning of the BoardIRPA, s. 152
Notes: (1) The term "member" includes members of the RPD, RAD, and IAD, who are appointed to the Board by the GIC, and members of the ID, who are appointed under the Public Service Employment Act. (2) There is no statutory minimum or maximum number of members of the Board.  

2.1.2 Head Office

DescriptionReference
— the head office of the IRB shall be in the National Capital RegionIRPA, s. 157(1)
— the Chairperson must live in the National Capital Region or within reasonable commuting distance of itIRPA, s. 157(2)

2.2 Appointment of GIC Members

2.2.1 Appointment to Regional or District Office of the Board

DescriptionReference
— the Chairperson and the Members of the RPD, RAD, and IAD are appointed to the Board by the GIC to serve in a regional or district officeIRPA, s. 153(1)( a)
Note: The GIC appoints members to the "Board", not to a "Division" of the Board.  
— the Chairperson assigns those members to the RPD, RAD or IADIRPA, s. 159(1)( b)
— the Chairperson may assign a member to work in another regional or district office of the Board in order to satisfy operation requirements, but an assignment may not exceed 90 days without the approval of the GICIRPA, s. 159(1)( c)

2.2.2 Term of Office

DescriptionReference
— GIC Members hold office during good behaviour for a term not exceeding 7 years, subject to removal by the GIC for causeIRPA, s. 153(1)( a)
— GIC Members are eligible for reappointment in the same or another capacityIRPA, s. 153(1)( c)
— the Chairperson, DCs, and ADCs are appointed on a full-time basis; other members may be appointed on a full-time or part-time basisIRPA, s. 153(3)

2.2.3 Lawyers / Notaries

DescriptionReference
— the following persons must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec:
• the DC ( IAD)
• a majority of the ADCs ( IAD), and
• at least 10% of the members of the RPD, the RAD, and the IAD		IRPA, s. 153(4)

2.2.4 Designation of DCs and ADCs

DescriptionReference
— the GIC designates, from among the full-time members of the RPD, the RAD, and the IAD:
• one Deputy Chairperson, RPD,
• one Deputy Chairperson, RAD,
• one Deputy Chairperson, IAD, and
• not more than 10 Assistant Deputy Chairpersons, for the Board
IRPA, s. 153(2)

2.2.5 Designation of CMs

DescriptionReference
— the Chairperson designates from among the full-time members of the Board coordinating members for the RPD, RAD, and IADIRPA, s. 159(1)( d)

2.3 Rights and Obligations of Members

2.3.1 Chairperson and GIC Members

DescriptionReference
— the following provisions apply to the Chairperson and the members of the RPD, the RAD, and the IAD: 
• they swear the oath or give the solemn affirmation set out in the Rules of the BoardIRPA, s. 153(1)( b), Oath of Office Rules
• they receive the remuneration fixed by the GICIRPA, s. 153(1)( d)
• they are entitled to reasonable travel expensesIRPA, s. 153(1)( e)
• they are deemed to be in the public service of Canada for the purposes of pensions and compensationIRPA, s. 153(1)( f)
• they may not carry on any activity inconsistent with their duties and functions under the IRPAIRPA, s. 153(1)( g)
• if appointed as full-time members, they must devote the whole of their time to their duties under the IRPAIRPA, s. 153(1)( h)

2.3.2 Chairperson and All Members

DescriptionReference
— the following provisions apply to the Chairperson and all members, including members of the ID, in respect of the exercise of their functions under the IRPA: 
• no criminal or civil proceedings can be brought against them for anything done or omitted to be done in good faithIRPA, s. 156( a)
• they are not competent or compellable to appear as a witness in any civil proceedingsIRPA, s. 156( b)

2.4 Public Service Appointments

2.4.1 Executive Director

DescriptionReference
— the Executive Director is appointed in accordance with the Public Service Employment ActIRPA, s. 158
— the following powers of the Chairperson may be delegated to the Executive Director:
• powers under s. 159(1)( a) to direct the work and staff of the Board
• powers under s. 159(1)( i) to appoint experts		IRPA, s. 159(2)( b)

2.4.2 Other Personnel

DescriptionReference
— other personnel necessary for the proper conduct of the business of the Board are appointed in accordance with the Public Service Employment ActIRPA, s. 158
Note: This provision permits the appointment of RPOs, registry staff, legal advisers, staff in the Research Directorate, etc. 

2.5 Dispositions: Ceasing to Hold Office or Unable to Take Part

2.5.1 Member Ceases to Hold Office

DescriptionReference
— a former member of the Board, within 8 weeks after ceasing to be a member, may make or take part in a decision on a matter that they heard as a member, if the Chairperson so requestsIRPA, s. 154

2.5.2 Member Unable to Take Part

DescriptionReference
— if a member of a three-member panel is unable to take part in the disposition of a matter that the member has heard, the remaining members may make the disposition for the applicable DivisionIRPA, s. 155
Note: Matters before the RPD and the RAD are conducted before a single member, unless the Chairperson is of the opinion that a panel of three members should be constituted. IRPA, s. 163

2.6 Chairperson

2.6.1 Powers and Duties of the Chairperson

DescriptionReference
— the Chairperson is a member of each Division of the BoardIRPA, s. 159(1)
— as chief executive officer, the Chairperson
• has supervision over and direction of the work and staff of the Board		IRPA, s. 159(1)( a)
• assigns GIC Members to the RPD, RAD, and IADIRPA, s. 159(1)( b)
• may at any time, despite s. 153(1)( a), assign a GIC member to work in another regional or district office in order to satisfy operational requirements, but an assignment may not exceed 90 days without the approval of the GICIRPA, s. 159(1)( c)
Note: Under IRPA, s. 153(1)(a), members of the RPD, RAD, and IAD are appointed to the Board by the GIC to serve in a regional or district office.  
• from among the full-time members, designates CMs for the RPD, RAD and IADIRPA, s. 159(1)( d)
• assigns administrative functions to membersIRPA, s. 159(1)( e)
• apportions work; fixes the place, date, and time of proceedingsIRPA, s. 159(1)( f)
• takes any necessary action to ensure members carry out their duties efficiently and without undue delayIRPA, s. 159(1)( g)
• may issue guidelines and identify decisions as jurisprudential guidesIRPA, s. 159(1)( h)
• may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Divisions in any mattersIRPA, s. 159(1)( i)

2.6.2 Delegation of the Chairperson's Powers

DescriptionReference
— the Chairperson may delegate any of his or her powers to a GIC Member except thatIRPA, s. 159(2)
• powers under s. 161(1) to make Rules of the Boardmay not be delegated IRPA, s. 159(2)( a)
• powers under s. 159(1)( a) to direct the work and staff of the Board may be delegated to the Executive DirectorIRPA, s. 159(2)( b)
• powers under s. 159(1)( i) to appoint experts may be delegated to the Executive DirectorIRPA, s. 159(2)( b)
• powers in relation to the IDmay only be delegated to the Director General, directors or members of the IDIRPA, s. 159(2)( c)

2.6.3 Acting Chairperson

DescriptionReference
— the Minister may authorize a DC or any other member to act as Chairperson:
• in the absence or incapacity of the Chairperson, or
• if the office is vacant		IRPA, s. 160

2.6.4 Authority to Make Rules of the Board

DescriptionReference
— subject to the approval of the GIC, and in consultation with the DCs and the DG ( ID), the Chairperson may make rules respecting:IRPA, s. 161
• the activities, practice and procedure of each Division, including
– the periods for appeal
– the priority to be given to proceedings
– the notice that is required, and
– the period in which notice must be given		IRPA, s. 161(1)( a)
• the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rulesIRPA, s. 161(1)( b)
• the information that may be required and the time within which it must be provided to the BoardIRPA, s. 161(1)( c)
• any matter considered by the Chairperson to require rulesIRPA, s. 161(1)( d)
— the Minister shall cause a copy of any IRB Rule to be laid before each House of Parliament during the first 15 days on which that House is sitting after the approval of the rule by the GICIRPA, s. 161(2)
Note: the Chairperson has made the following Rules that apply to the RPD:
– Refugee Protection Division Rules, SOR/2002-228
– Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board), SOR/2002-231		 

2.7 Conduct of Members - Remedial and Disciplinary Measures

2.7.1 Grounds for Chairperson's Request to Minister

DescriptionReference
— the Chairperson may request the Minister to decide whether any member of the RPD, the RAD, or the IAD should be subject to remedial or disciplinary measures because the member:
• has become incapacitated from the proper execution of that office by reason of infirmity,
• has been guilty of misconduct,
• has failed in the proper execution of that office, or
• has been placed, by conduct or otherwise, in a position that is incompatible with due execution of that office		IRPA, s. 176

2.7.2 Measures Minister May Take

DescriptionReference
— on receipt of the request, the Minister may take one or more of the following measures:
• obtain, in an informal and expeditious manner, any information that the Minister considers necessary;
• refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;
• request of the GIC that a judicial inquiry be held under s. 178; or
• advise the Chairperson that the Minister considers that it is not necessary to take further measures under ss. 177 to 185		IRPA, s. 177

2.7.3 Judicial Inquiry

DescriptionReference
— on receipt of a request for an inquiry into the conduct of a member, the GIC may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct an inquiryIRPA, s. 178
— the powers and procedures at the inquiry are set out in IRPA, including provisions regarding summonses, oaths, inquiry staff, public access, confidentiality, rules of evidence, intervenors, and the right to be heardIRPA, ss. 179 to 183

2.7.4 Judge's Report to Minister

DescriptionReference
— after an inquiry has been completed, the judge must submit a report containing the judge's findings and recommendations, if any, to the MinisterIRPA, s. 184(1)
— the judge may recommend in the report that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be takenIRPA, s. 184(2)

2.7.5 Measures GIC May Take

DescriptionReference
— if the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the GIC who may, if the GIC considers it appropriate,
• suspend the member without pay,
• remove the member from office, or
• impose any other disciplinary measure or any remedial measure		IRPA, s. 185
— nothing in IRPA, ss. 176 to 185, affects any right or power of the GIC in relation to the removal of a member from office for causeIRPA, s. 186
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Date Modified: 2009-02-09
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