Immigration and Refugee Board of Canada
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PREFACE

The Legislative Guide for the RPD has been prepared by David Vinokur, Senior Counsel, Legal Services, IRB, to assist in the study of the Immigration and Refugee Protection Act (formerly known as Bill C-11) and the related Rules and Regulations.

Users of the Legislative Guide are reminded that it contains only a concise description of the relevant provisions and that the appropriate legislation must be consulted for the complete text of those provisions.

This Legislative Guide is based mainly on the following documents:

  • Immigration and Refugee Protection Act, S.C. 2001, c. 27
    • received Royal Assent on November 1, 2001
    • published in the Canada Gazette, Part III, December 12, 2001
    • section 1 (short title) and section 4 (responsible Minister) came into force on December 6, 2001 1
    • most other provisions of the Act came into force on June 28, 2002 2
    • provisions dealing with the new Refugee Appeal Division have not come into force, as the Minister of Citizenship and Immigration announced that the implementation of the RAD has been delayed 3
    • the full text of the Act is available on the Parliamentary Internet site
  • Refugee Protection Division Rules, SOR/2002-228
    • published in the Canada Gazette, Part II, June 14, 2002, page 361
    • came into force on June 28, 2002
    • the full text of the RPD Rules is available on the Internet on the Canada Gazette Web site
    • the full text of the RPD Rules and Commentaries on the Rules is available on the IRB Web site
  • Immigration and Refugee Protection Division Regulations, SOR/2002-227
    • published in the Canada Gazette, Part II, June 14, 2002, page 1
    • came into force on June 28, 2002
    • the full text of the Regulations is available on the Internet on the Canada Gazette Web site
Short Forms and Abbreviations
Short Forms and Abbreviations Description
ADC Assistant Deputy Chairperson
Board Immigration and Refugee Board
CM Coordinating Member
CRDD Convention Refugee Determination Division of the IRB ( now - RPD)
DC Deputy Chairperson
GIC Governor in Council
GIC Member Member Appointed to the Board by the GIC ( i.e., the Chairperson and the Members of the RPD, RAD, and IAD)
H&C humanitarian and compassionate grounds
IAD Immigration Appeal Division of the IRB
ID Immigration Division of the IRB ( formerly - Adjudication Division)
IRB Immigration and Refugee Board
IRP Reg. Immigration and Refugee Protection Regulations, SOR/2002-227.
IRPA Immigration and Refugee Protection Act, S.C. 2000, c. 27
Minister Minister of Citizenship and Immigration
Oath of Office Rules Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board), SOR/2002-231
PRRA pre-removal risk assessment
PIF Personal Information Form
RAD Refugee Appeal Division of the IRB (implementation has been delayed)
RPD Refugee Protection Division of the IRB (formerly - CRDD)
RPD Rules Refugee Protection Division Rules, SOR/2002-228
UNHCR United Nations High Commissioner for Refugees

Endnotes

  1. "Order Fixing December 6, 2001, as the Date of the Coming into Force of Certain Sections of the Act", SI/2001-119, published in the Canada Gazette, Part I, December 19, 2001, page 2901. "Order Designating the Minister of Citizenship and Immigration as the Minister responsible for the administration of that Act", SI/2001-120, published in the Canada Gazette, Part II, December 19, 2001, page 2902.
  2. "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. Provisions that have not come into force include IRPA, ss. 73, 110, 111, 171, 194, and 195.
  3. CIC News Release, 2002-12, "Refugee Appeal Division Implementation Delayed", April 29, 2002: http://www.cic.gc.ca/english/press/02/0212-pre.aspx.