Chairperson Guideline 7 — Concerning Preparation and Conduct of a Hearing in the Refugee Protection Division — provides guidance to RPD members on how to prepare for and conduct refugee hearings to ensure they are conducted efficiently and fairly. The Guideline applies specifically to RPD proceedings (not other divisions) and addresses both the pre-hearing preparation stage and the hearing itself.

A central feature of the Guideline is the framework for the order of questioning at RPD hearings. In a standard claim where the Minister is not a party, the RPD member conducts the initial examination of the claimant, followed by counsel for the claimant. This inquisitorial model — in which the decision-maker leads questioning — distinguishes RPD hearings from the adversarial model used in courts.

• IRPA s 162(2) — the IRB shall deal with proceedings as informally and quickly as fairness and natural justice permit
• RPD Rules (SOR/2012-256) — specifically Rule 10 (order of questioning), Rule 34 (disclosure of documents), and Rule 3 (general obligations of parties)
• IRPA s 159(1)(h) — Chairperson's authority to issue guidelines

Pre-hearing preparation

The Guideline requires members to review the file before the hearing and to be prepared to conduct the hearing efficiently. Pre-hearing preparation includes:

• Reviewing the Basis of Claim (BOC) form, any country documentation filed, and relevant National Documentation Package (NDP) material
• Identifying the key issues in the claim — what the claim turns on, whether there are credibility issues, what country conditions documentation is most relevant
• Issuing any appropriate pre-hearing instructions or directions — for example, on the scope of examination, on specific documents the member wants parties to address, or on the need for an interpreter

Document disclosure

Parties must disclose documents in accordance with the RPD Rules and within the required time limits. The Guideline emphasises that the rules on disclosure are strictly applied — documents not disclosed within the required time may be refused by the member unless there is a reasonable explanation for the late disclosure and the opposing party is not prejudiced. The member may ask the party seeking to introduce a late document to explain why it was not disclosed on time.

The RPD provides National Documentation Packages (NDPs) for each country of reference, and these form part of the evidence in every claim from that country. Parties wishing to rely on documents not in the NDP must disclose them in advance.

Conduct of the hearing — the inquisitorial model

At the beginning of the hearing, the member will:

• Confirm the issues in the claim and any agreed facts
• Confirm the order of proceedings and expectations
• Administer the oath or affirmation to the claimant

The standard order of questioning at an RPD hearing where the Minister is not a party (RPD Rule 10) is:

1. The RPD member questions the claimant first — examining all relevant aspects of the claim, including the claimant's personal history, the basis for the fear of persecution, country conditions, and any credibility concerns
2. Counsel for the claimant then questions the claimant — counsel may clarify, supplement, or rehabilitate the evidence after the member has completed their examination

If the Minister is a party to the proceeding (for example, in a cessation or exclusion application), the order of questioning is different — the Minister may question the claimant after the member and before or after counsel, depending on the proceedings.

Member-led questioning — practical implications

The inquisitorial, member-led model has practical consequences for how counsel should prepare for and participate in RPD hearings:

• Counsel should not interrupt or redirect the member's questioning unless there is a specific procedural or fairness concern
• Counsel's examination after the member is an opportunity to clarify answers that may have been misunderstood, to introduce evidence not covered by the member's questions, and to address specific credibility concerns raised during the member's examination
• Counsel should prepare their client for the inquisitorial format — many claimants expect an adversarial hearing and are unfamiliar with the member-first model

Issues and argument

The Guideline also addresses closing submissions. At the conclusion of evidence, parties are generally given an opportunity to make oral or written submissions on the issues. Members may ask for submissions on specific issues identified during the hearing. Written submissions may be allowed where the issues are complex or where additional time is needed.

The full text of Guideline 7 is available on the IRB guidelines page. Counsel appearing before the RPD should be familiar with both the Guideline and the current RPD Rules, as well as any practice notices issued by the RPD that may supplement or modify general hearing procedures.

The RPD also publishes guidance on voluminous country conditions evidence — parties who intend to submit extensive documentation on country conditions should be aware of the IRB's notice on voluminous evidence, which requires advance notice and may result in restrictions on the volume of material that can be relied upon at the hearing.