The Chairperson of the Immigration and Refugee Board of Canada (IRB) is authorised under IRPA s 159(1)(h) to issue guidelines to assist members in carrying out their duties. These guidelines are not binding law — they do not amend the IRPA or the IRB's Rules — but they carry significant weight. Members are expected to follow the guidelines in their decision-making unless they have a principled reason to depart from them, and departures may be raised in judicial review proceedings at the Federal Court.

The guidelines promote consistency and procedural fairness across the IRB's four divisions, and address topics ranging from detention to gender-related persecution to the handling of vulnerable persons.

• IRPA s 159(1)(h) — the Chairperson may issue guidelines to assist members in carrying out their duties, after consulting the Deputy Chairpersons

Active guidelines:

• Guideline 1 — Civilian Non-combatants Fearing Persecution in Civil War Situations — revoked January 5, 2022. The Federal Court of Appeal confirmed the correct non-comparative approach, making the Guideline redundant.
• Guideline 2 — Detention
• Guideline 3 — Child Refugee Claimants: Procedural and Evidentiary Issues
• Guideline 4 — Women Refugee Claimants Fearing Gender-Related Persecution
• Guideline 6 — Scheduling and Changing the Date or Time of a Proceeding
• Guideline 7 — Concerning Preparation and Conduct of a Hearing in the Refugee Protection Division
• Guideline 8 — Procedures with Respect to Vulnerable Persons Appearing Before the IRB
• Guideline 9 — Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC)

For the complete and current text of all guidelines, refer to the IRB guidelines and policies page.

The status of guidelines as "quasi-binding" guidance — not law but carrying significant weight — has been affirmed by the Federal Court. In Thamotharem v Canada (Minister of Citizenship and Immigration) 2007 FCA 198, the Federal Court of Appeal confirmed that the Chairperson has the authority to issue binding guidelines under s 159(1)(h) that members must follow absent a principled reason to depart. A failure to apply a relevant guideline without explanation may be a reviewable error.

Practitioners should check the IRB website for the current versions of guidelines — they are periodically amended to reflect developments in law and practice.