Section 153 — Responsibilities of the Chairperson
Text of provision
(1) The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division
(a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;
(b) [Repealed, 2010, c. 8, s. 18]
(c) are eligible for reappointment in the same or another capacity;
(d) shall receive the remuneration that may be fixed by the Governor in Council;
(e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;
(f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;
(g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and
(h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.
(1.1) [Repealed, 2012, c. 17, s. 84]
(2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in Council from among the full-time members of those Divisions.
(3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection (1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.
(4) The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.
Plain English
Section 153(1) provides that the Chairperson is the chief executive officer of the IRB, responsible for managing the IRB's work and overseeing the quality and consistency of its decisions. The Chairperson may issue guidelines to members of the Board.
Section 153(1)(h) specifically authorises the Chairperson to issue guidelines approved by the Minister to assist members in carrying out their duties. These are the famous "Chairperson's Guidelines" that govern how certain types of refugee claims are assessed.
Practical effect
The Chairperson's Guidelines are a key source of practice direction at the IRB. Current guidelines include: Guideline 1 (Civilian Non-Combatants), Guideline 2 (Detention), Guideline 3 (Child Refugee Claimants), Guideline 4 (Women Refugee Claimants), Guideline 6 (Scheduling Hearings), Guideline 7 (Concerning Preparation and Conduct of a Hearing), Guideline 8 (Concerning Discrimination, Harassment), Guideline 9 (Proceedings Before the IRB Involving Sexual Orientation and Gender Identity), and Guideline 11 (Penalty and Compensation for Delays). These guidelines must be considered by members but do not override the Act or Regulations.