Development of the RPD Rules, the RAD Rules, and the Oath Rules
The Canadian Regulatory Process in Action at the IRB
The planned implementation of the Balanced Refugee Reform Act (BRRA) requires the development of new Rules for the Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD), as well as the updating of the Oath or Solemn Affirmation of Office (Immigration and Refugee Board), which will apply to all IRB members. In accordance with subsection 161(1) of the Immigration and Refugee Protection Act (IRPA), the Chairperson, subject to the approval of the Governor in Council (GIC), and in consultation with the Division Heads, may make Rules respecting the activities, practice and procedure of the Divisions of the Board.
The IRB Rules fall within the definition of the term “regulation” in the Statutory Instruments Act and, because they must be approved by the GIC, the Rules must follow the same federal regulatory development process as all other GIC regulations.
The Federal Regulatory Development Process involves several parts of government, each with distinct roles and responsibilities, and consists of several stages:
- drafting of the proposed Rules and/or the preparation of drafting instructions;
- examination of the draft Rules by the Regulations Section of the Department of Justice (Justice), followed by the issuing of stamped copies;
- pre-publication of the proposed Rules in the Canada Gazette, Part I, following approval by the Treasury Board as a Cabinet committee (pre-publication gives all Canadians the opportunity to submit their comments on the proposed Rules);
- review of comments received and revision of the draft Rules as appropriate;
- re-examination of the revised draft Rules by Justice, followed by the issuing of new stamped copies; and
- final publication of the Rules in the Canada Gazette, Part II, following approval by the GIC.
For further information, please consult the Treasury Board of Canada Secretariat's Guide to the Federal Regulatory Development Process.