The RPD (and each other IRB division) must appoint a designated representative to protect the interests of any person subject to the proceedings who is either:

• Under the age of 18; or
• An adult who is unable to appreciate the nature of the proceedings — for example, due to a mental health condition, cognitive impairment, or significant trauma affecting their ability to instruct counsel and participate meaningfully

The designated representative acts in the person's best interests throughout the proceedings and carries out functions that the person cannot carry out themselves.

• IRPA s 167 — requires the IRB to appoint a designated representative for persons under 18 or unable to appreciate the nature of proceedings; applies to all four IRB divisions
• RPD Rules r 20 (SOR/2012-256) — procedural requirements for the appointment, the duties of the designated representative, and what happens when the designation ends
• Chairperson Guideline 3: Child Refugee Claimants — IRB guidance on procedural modifications for minors, including designated representatives, age-appropriate questioning, and accommodations

Appointment

For accompanied minors (children arriving with a parent or guardian), the parent or guardian is ordinarily appointed as the designated representative. The IRB has a specific form for the appointment of a designated representative for accompanied minors. The appointment can be made at the initial intake stage, before the claim is referred to the RPD.

For unaccompanied minors (children without a parent or guardian in Canada), the RPD must appoint another person — a family member in Canada, a friend, or a worker from a social services agency or legal aid office. The person appointed must meet the requirements in the RPD Rules.

For adults unable to appreciate proceedings, the RPD member identifies the need for a designated representative where the person appears unable to understand or participate in the proceedings. The member may delay proceedings to allow for a proper appointment.

Duties of the designated representative

The designated representative's duties include:

• Retaining or assisting in retaining counsel (or assisting the claimant where they are self-represented)
• Making decisions in the best interests of the person — including decisions about what evidence to adduce and how to present the claim
• Explaining the refugee protection process to the person at an appropriate level
• Acting throughout the proceeding, including at the hearing, and in any related proceedings (RAD appeal, PRRA, removal)

The designated representative must not be the legal counsel for the person and must not have interests that conflict with the person's interests.

When designation ends

Where the person turns 18 during proceedings, the designation automatically ends unless the RPD member determines that the person continues to be unable to appreciate the nature of the proceedings. The member must affirmatively make that finding to continue the designation — otherwise it terminates when the person reaches the age of majority.

Unaccompanied minors and recent public policy

As of May 2026, a temporary public policy is in effect to exempt unaccompanied minors from new ineligibilities that would otherwise prevent their claims from being referred to the RPD. This public policy addresses the situation of unaccompanied minors who lack a legal guardian and may be unable to navigate the eligibility process. For current details, refer to the IRCC public policy page.

The designated representative role is demanding — it involves legal responsibility for protecting the interests of a vulnerable person in complex proceedings. In practice, legal aid offices in larger centres often maintain rosters of trained designated representatives. Where no suitable person is available, proceedings may need to be adjourned to allow the RPD to find an appropriate appointee.

Chairperson Guideline 3 contains important guidance on child-appropriate hearing procedures — including modified questioning techniques, accommodation for trauma responses, and the use of support persons during hearings. Members must follow the guideline when presiding over proceedings involving minors. The guideline is available on the IRB guidelines page.