Section 169 — Rules of the Board
Text of provision
In the case of a decision of a Division, other than an interlocutory decision:
(a) the decision takes effect in accordance with the rules;
(b) reasons for the decision must be given;
(c) the decision may be rendered orally or in writing, except a decision of the Refugee Appeal Division, which must be rendered in writing;
(d) if the Refugee Protection Division rejects a claim, written reasons must be provided to the claimant and the Minister;
(e) if the person who is the subject of proceedings before the Board or the Minister requests reasons for a decision within 10 days of notification of the decision, or in circumstances set out in the rules of the Board, the Division must provide written reasons; and
(f) the period in which to apply for judicial review with respect to a decision of the Board is calculated from the giving of notice of the decision or from the sending of written reasons, whichever is later.
Plain English
Section 169(1) provides that subject to the approval of the Governor in Council, the Chairperson may make rules respecting the activities, practice, and procedure of each of the Board's divisions, including rules providing for the period for which documents must be retained and the period in which an application for a new hearing must be made.
The Rules made under this section are the primary procedural codes: the Refugee Protection Division Rules (SOR/2012-256), RAD Rules, Immigration Division Rules, and Immigration Appeal Division Rules.
Practical effect
The division Rules govern virtually every procedural aspect of IRB proceedings — how claims are filed, deadlines for submitting evidence, the format of hearings, how adjournments are granted, and how decisions are communicated. Practitioners must know the applicable Rules for the division in which they appear. Failure to comply with the Rules (e.g., late disclosure of country condition evidence) can result in exclusion of evidence or adverse procedural consequences. The Rules are updated periodically and the current version must always be checked.