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Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules (SOR/2021-149)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateJune 17, 2021
CategoryBorder / asylum / citizenship / appeals & judicial review

Policy effect

Amends procedural and service rules in citizenship and immigration judicial review proceedings before the Federal Court, including adding Rule 4.1 defining deemed receipt of documents sent by ordinary mail (10th day after mailing), registered mail/courier (day of delivery), or electronic transmission/fax, establishing procedures for anonymity orders (Rule 8.1 / Form IR-5), and updating definitions and forms under the Citizenship Act and IRPA.

Conditions and exceptions

Validated condition or limit: Amends procedural and service rules in citizenship and immigration judicial review proceedings before the Federal Court, including adding Rule 4.1 defining deemed receipt of documents sent by ordinary mail (10th day after mailing), registered mail/courier (day of delivery), or electronic transmission/fax, establishing procedures for anonymity orders (Rule 8.1 / Form IR-5), and updating definitions and forms under the Citizenship Act and IRPA.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Rules, made by the rules committee of the Federal Court of Appeal and the Federal Court. Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules Amendments 1 The definition appeal in Rule 2 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules footnote 1 is replaced by the following: appeal means an appeal referred to in section 10.7 or paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel) 2 The Rules are amended by adding the following after Rule 4: Deemed Receipt of Documents 4.1 (1) A document that is required to be sent under these Rules is deemed to be received by the recipient (a) if it is sent by ordinary mail, on the tenth day after the day on which it is mailed; (b) if it is sent by registered mail or courier, on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be; or (c) if it is sent by electronic transmission or fax, on the day on which it is sent, as indicated on the electronic transmission or the fax transmission slip, as the case may be. (2) However, if the day on which the document is deemed to be received is a holiday or, in the case of a document that is sent by electronic transmission or fax, the document is sent after 5 p.m. at the recipient's local time, the document is deemed to be received on the next day that is not a holiday. 3 Subrule 5(1) of the Rules is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following: (i) if the applicant consents to the electronic service of documents, the applicant's electronic address as set out in Form 141A of the Federal Courts Rules; (j) the name, address and telephone number of any person who, for a fee or other consideration, prepared the application for leave; and (k) the signature, name, address and telephone number of the applicant's solicitor or, if the applicant acts in person, his or her signature, name, address for service in Canada and telephone number. 4 The Rules are amended by adding the following after Rule 8: Anonymity Order 8.1 (1) A party to an application for leave may make a written request, in Form IR-5 as set out in the schedule, that the court make an order that all documents that are prepared by the Court and that may be made available to the public be amended and … replaced by the following: (3) The Registry shall, without delay after an order is made under subrule (2), send a copy of the order to the tribunal. (2) Subrule 14(5) of the Rules is repealed. 9 Subrules 15(2) and (3) of the Rules are replaced by the following: (2) The Registry shall, without delay after an order is made under subrule (1), send a copy of the order to the tribunal. 10 Paragraph 17(b) of the English version of the Rules is replaced by the following: (b) all relevant documents that are in the possession or control of the tribunal, 11 The schedule to the Rules is amended by replacing … the references after the heading “SCHEDULE” with the following: (Subrules 5(1), 8(1), 8.1(1), 9(1) and 20(1)) 12 Form IR-1 of the schedule to the Rules is replaced by Form IR-1 set out in Schedule 1 to these Rules. 13 Forms IR-3 and IR-4 of the schedule to the Rules are replaced by Forms IR-3 to IR-5 set out in Schedule 2 to these Rules. Coming into Force 14 These Rules come into force on the day on which they are registered. SCHEDULE 1 (Rule 12) Form IR-1 (Rule 5) Court File No. FEDERAL COURT Between: (Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration … Subrules 8.1(1) and (2)) Court File No. FEDERAL COURT Between: Applicant(s) and Respondent(s) Anonymity Order Notice The (identify party) [ ] requests that the Court make an order that all documents that are prepared by the Court and which may be made available to the public be amended and redacted to the extent necessary to make the identity of (insert name) anonymous; [ ] objects to the request for an anonymity order made by (identify party) on (date). The grounds for the (request or objection) are the following: (Set out grounds) Dated at ………, this ……of ………, 20……. (Name, address and telephone number … Objectives The amendments address five issues, namely, (1) the identification of “ghost” representation; (2) modernization amendments; (3) a simplified procedure to request an anonymity order; (4) the filing of a statement regarding the language of the hearing and its materials; and (5) the modification of the definition of an appeal to reflect changes under the Citizenship Act. Description The amendments to the Rules are set out below. (1) Identification of “ghost” representation — Rule 5: The amendment to Rule 5(1)(j) and the associated forms would require that a party identify the name of the person who prepares, for a fee or other consideration, the application for leave and judicial review. (2) Modernization amendments Rule 4.1: This new provision consolidates a number of separate provisions regarding the deemed receipt of documents that are “sent,” including the option for electronic transmission, and aims to align these Rules with the modernized Federal Courts Rules regarding deemed receipt of documents that are “served” (subsections 9(3) and (4), 14(5) and 15(3)). Following the transfer of the content from subsections 9(3) and (4) to new Rule 4.1, subsections 9(1) and (2) were revised …
Canada GazetteSOR/2021-149, Canada Gazette Part II, Vol. 155, No. 14 (Registration: June 17, 2021).Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2021/2021-07-07/html/sor-dors149-eng.html

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Other Canada changes operative in 2021