加拿大难民程序/161 - 委员会和部门规则的功能

IRPA 第 161 节

《移民和难民保护法》第 161 节规定

Functioning of Board

Rules
161 (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting
(a) the referral of a claim for refugee protection to the Refugee Protection Division;
(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);
(a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, the priority to be given to proceedings, the notice that is required and the period in which notice must be given;
(b) the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rules;
(c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and
(d) any other matter considered by the Chairperson to require rules.

Distinctions
(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).

161(1)(b)：主席可以制定关于委员会程序中人员行为的规则

第 161(1)(b) 段考虑了关于出现在 IRB 前的人员行为的规则的发布。在关于《Mumtaz Khan》的决定中，委员会得出结论，该条款将委员会制定关于委员会程序中人员行为的规则的普通法权力编纂成法，但该条款并不限制委员会在事先对不当行为采取行动的权力。