Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules: SOR/2021-149

Canada Gazette, Part II, Volume 155, Number 14

Registration
SOR/2021-149 June 17, 2021

CITIZENSHIP ACT
IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2021-591 June 17, 2021

The rules committee of the Federal Court of Appeal and the Federal Court makes the annexed Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules, pursuant to

(a) section 22.3 ^{footnote a} of the Citizenship Act ^{footnote b}; and

(b) subsection 75(1) ^{footnote c} of the Immigration and Refugee Protection Act ^{footnote d}.

Ottawa, May 14, 2021

Donald J. Rennie

Chair
Rules committee of the Federal Court of Appeal and the Federal Court

His Excellency the Administrator of the Government of Canada in Council, pursuant to section 22.3^{footnote a} of the Citizenship Act ^{footnote b} and subsection 75(1)^{footnote c} of the Immigration and Refugee Protection Act ^{footnote d}, approves the annexed Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules, made by the rules committee of the Federal Court of Appeal and the Federal Court.

Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules

Amendments

1 The definition appeal in Rule 2 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules ^{footnote 1} is replaced by the following:

appeal

means an appeal referred to in section 10.7 or paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel)

2 The Rules are amended by adding the following after Rule 4:

Deemed Receipt of Documents

4.1 (1) A document that is required to be sent under these Rules is deemed to be received by the recipient

• (a) if it is sent by ordinary mail, on the tenth day after the day on which it is mailed;
• (b) if it is sent by registered mail or courier, on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be; or
• (c) if it is sent by electronic transmission or fax, on the day on which it is sent, as indicated on the electronic transmission or the fax transmission slip, as the case may be.

(2) However, if the day on which the document is deemed to be received is a holiday or, in the case of a document that is sent by electronic transmission or fax, the document is sent after 5 p.m. at the recipient's local time, the document is deemed to be received on the next day that is not a holiday.

3 Subrule 5(1) of the Rules is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following:

• (i) if the applicant consents to the electronic service of documents, the applicant's electronic address as set out in Form 141A of the Federal Courts Rules;
• (j) the name, address and telephone number of any person who, for a fee or other consideration, prepared the application for leave; and
• (k) the signature, name, address and telephone number of the applicant's solicitor or, if the applicant acts in person, his or her signature, name, address for service in Canada and telephone number.

4 The Rules are amended by adding the following after Rule 8:

Anonymity Order

8.1 (1) A party to an application for leave may make a written request, in Form IR-5 as set out in the schedule, that the court make an order that all documents that are prepared by the Court and that may be made available to the public be amended and redacted to the extent necessary to make the party's identity anonymous.

(2) A party who opposes the request may, in that Form IR-5, make a written objection to the request.

(3) A request or an objection to a request, as the case may be, shall be served and filed and set out the grounds for the request or objection.

(4) A request shall be determined at the same time, and on the basis of the same materials, as the application for leave.

(5) The Court may make an order under subrule (1) if, after taking the public interest in open and accessible court proceedings into account, the Court is satisfied that the party's identity should be made anonymous.

(6) An order under this rule continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.

5 Rule 9 of the Rules is replaced by the following:

9 (1) If an application for leave sets out that the applicant has not received the written reasons of the tribunal, the Registry shall, without delay, send the tribunal a request in Form IR-3 as set out in the schedule.

(2) After receiving the request the tribunal shall, without delay,

• (a) send a copy of the decision or order at issue and the written reasons for it, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry; or
• (b) send a written notice to each of the parties and to the Registry indicating that no reasons were given or reasons were given but not recorded, as the case may be.

6 Subrule 10(2) of the Rules is replaced by the following:

(2) The applicant shall

• (a) serve on every respondent who has filed and served a notice of appearance, a record containing the following, on consecutively numbered pages, and in the following order:
  • (i) the application for leave,
  • (ii) the decision or order, if any, in respect of which the application is made,
  • (iii) the written reasons given by the tribunal, or the notice under paragraph 9(2)(b), as the case may be,
  • (iv) the request, if any, for an anonymity order under rule 8.1,
  • (v) one or more supporting affidavits that verify the facts relied on by the applicant in support of the application or a request for an anonymity order under rule 8.1, if any,
  • (vi) a memorandum of argument that contains concise submissions of the facts and law relied upon by the applicant for the relief proposed in the event that leave is granted, and
  • (vii) a statement indicating whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials for the hearing will be in English and French, or partly in English and partly in French; and
• (b) file the record, together with proof of service.

7 Paragraph 11(b) of the English version of the Rules is replaced by the following:

• (b) shall serve on the other parties a memorandum of argument that shall set out concise submissions of the facts and law relied upon by the respondent,

8 (1) Subrule 14(3) of the Rules is replaced by the following:

(3) The Registry shall, without delay after an order is made under subrule (2), send a copy of the order to the tribunal.

(2) Subrule 14(5) of the Rules is repealed.

9 Subrules 15(2) and (3) of the Rules are replaced by the following:

(2) The Registry shall, without delay after an order is made under subrule (1), send a copy of the order to the tribunal.

10 Paragraph 17(b) of the English version of the Rules is replaced by the following:

• (b) all relevant documents that are in the possession or control of the tribunal,

11 The schedule to the Rules is amended by replacing the references after the heading “SCHEDULE” with the following:

(Subrules 5(1), 8(1), 8.1(1), 9(1) and 20(1))

12 Form IR-1 of the schedule to the Rules is replaced by Form IR-1 set out in Schedule 1 to these Rules.

13 Forms IR-3 and IR-4 of the schedule to the Rules are replaced by Forms IR-3 to IR-5 set out in Schedule 2 to these Rules.

Coming into Force

14 These Rules come into force on the day on which they are registered.

SCHEDULE 1

(Rule 12)

Form IR-1 (Rule 5)

Court File No.

FEDERAL COURT

Between:

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought.)

Applicant(s)

and

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought.)

Respondent(s)

Application for Leave and for Judicial Review

TO THE RESPONDENT(S)

AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW has been commenced by the applicant(s) under

(Select the provision under which this application is made.)

• [ ] SUBSECTION 22.1(1) OF THE CITIZENSHIP ACT; or
• [ ] SUBSECTION 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with paragraph 22.1(2)(c) of the Citizenship Act or paragraph 72(2)(d) of the Immigration and Refugee Protection Act, as the case may be.

IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practise in Canada and acting for you must prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Courts Citizenship, Immigration and Refugee Protection Rules, serve it on the tribunal and each applicant's solicitor or, in the case where an applicant does not have a solicitor, serve it on the applicant, and file it, with proof after service, in the Registry, within 10 days after the day on which this application for leave is served.

IF YOU FAIL TO DO SO, the Court may dispose of this application for leave and, if the leave is granted, of the subsequent application for judicial review without further notice to you.

Note: Copies of the relevant Rules of Court, information on the local office of the Court and other necessary information may be obtained from any local office of the Federal Court or the Registry in Ottawa (telephone: 613‑992‑4238).

The applicant seeks leave of the Court to commence an application for judicial review of:

(Set out the date and details of the matter — the decision or order made, measure taken or question raised — in respect of which a judicial review is sought and the date on which the applicant was notified or otherwise became aware of the matter.)

(Set out the name, address and telephone number of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal.)

(Set out the tribunal's file number(s), if applicable.)

(Add the following paragraph, if applicable.)

[The applicant also applies to the Court for an extension of time to file and serve the application under paragraph 22.1(2)(b) of the Citizenship Act or under paragraph 72(2)(c) of the Immigration and Refugee Protection Act, as the case may be, for the following special reasons:

(Set out the special reasons for the request for the extension of time.)]

The application for leave was prepared by:

(As applicable, set out the name of the solicitor or party signed below or the name, address and telephone number of any other person who, for a fee or other consideration, prepared the application for leave.)

The applicant's electronic address for the service of documents is: (Set out the electronic address for the service of documents specified in Form 141A of the Federal Court Rules, if any.)

If the application for leave is granted, the applicant seeks the following relief by way of a judicial review:

(Set out the precise relief sought should leave be granted, including any statutory provision or rule relied on.)

If the application for leave is granted, the application for judicial review is to be based on the following grounds:

(Set out the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

The applicant (has or has not) received written reasons from the tribunal.

If the application for leave is granted, the applicant proposes that the application for judicial review be heard at (place), in the (English and/or French) language.

(Signature of solicitor or applicant)
(Name, address and telephone number of solicitor or applicant)

To: (Name(s) and address(es) of respondent(s))

SCHEDULE 2

(Rule 13)

Form IR-3 (Subrule 9(1))

Court File No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

Request to Tribunal

TO: (Name and address of tribunal)

RE: (Set out the complete particulars of the matter — decision or order made, measure taken or question raised — as they appear in the application, with the tribunal's file number(s), if any.)

DATE :

In an application filed on ……, 20……, the applicant set out that he or she had not received written reasons for the above-captioned matter.

In accordance with rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, you are requested to send, without delay,

• (a) a copy of the decision or order at issue and the written reasons for it, duly certified by an appropriate officer to be correct, to each of the parties and two copies to the Registry; or
• (b) a written notice to each of the parties and to the Registry indicating that no reasons were given or reasons were given but not recorded, as the case may be.

(Signature of Registry Officer)
Name of Registry Officer
Telephone Number

Form IR-4 (Subrule 20(1))

Court File No.

FEDERAL COURT OF APPEAL

Between:

Appellant
(Applicant (or Respondent) in the Federal Court)

and

(name)

Respondent
(Applicant (or Respondent) in the Federal Court)

Notice of Appeal

THE APPELLANT (name) appeals from the judgment of the Honourable (name of judge) of the Federal Court, delivered on (date).

The following serious question(s) of general importance was (were) certified:

(Set out the question(s) certified.)

The question(s) was (were) certified under:

(Select the appropriate provision.)

• [ ] SECTION 10.7 OF THE CITIZENSHIP ACT;
• [ ] PARAGRAPH 22.2(d) OF THE CITIZENSHIP ACT; or
• [ ] PARAGRAPH 74(d) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

The appellant seeks the following relief on the determination of the question(s) under section 52 of the Federal Courts Act:

(Set out the relief sought, with reference to the specific provisions in section 52 of the Federal Courts Act relied on.)

The appellant requests that this appeal be heard at ……(place), in the (English and/or French) language.

Dated at ………, this ……of ………, 20…….

(Name, address and telephone number of appellant's solicitor)

TO: (Name and address of respondent's solicitor, or respondent if acting in person)

Form IR-5 (Subrules 8.1(1) and (2))

Court File No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

Anonymity Order Notice

The (identify party)

[ ] requests that the Court make an order that all documents that are prepared by the Court and which may be made available to the public be amended and redacted to the extent necessary to make the identity of (insert name) anonymous;

[ ] objects to the request for an anonymity order made by (identify party) on (date).

The grounds for the (request or objection) are the following: (Set out grounds)

Dated at ………, this ……of ………, 20…….

(Name, address and telephone number of party, if acting in person, or the party's solicitor)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

There is a need for amendments to the Federal Courts Citizenship, Immigration and Refugee Protection Rules (the Rules) to address issues of practical, procedural and legal concern.

Background

The Rules Committee of the Federal Court of Appeal and the Federal Court (the Rules Committee) is a statutory committee created under section 45.1 of the Federal Courts Act to make, amend, or revoke rules, subject to the approval of the Governor in Council. Pursuant to section 45.1, the Rules Committee includes the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; three judges designated by the Chief Justice of the Federal Court of Appeal, and five judges and one prothonotary designated by the Chief Justice of the Federal Court; the Chief Administrator of the Courts Administration Service; five members from the bar (designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court); and the Attorney General of Canada or a representative thereof.

The Rules Committee normally meets biannually to review amendment projects as well as proposals for amendment (though no meetings were held in 2017–2018 due to quorum issues). At the meeting held on May 11, 2012, one amendment was identified (ref.: identification of “ghost” representation) that related to the Federal Courts Citizenship, Immigration and Refugee Protection Rules, and so a drafting process was initiated in 2013. At the meeting held on May 30, 2014, a further amendment priority was added (ref.: modernization amendments), and at the meeting held on November 14, 2014, a further amendment priority was added (ref.: simplified procedure to request an anonymity order). At the meeting held on May 29, 2015, a further minor amendment (ref.: Citizenship Act appeals) was proposed. Finally, during the drafting process, a minor amendment (ref.: statement regarding language of hearing) was added so as to ensure consistency with a similar amendment in a separate drafting project (for the Federal Courts Rules). Successive working drafts of the combined amendment project were discussed by the Rules Committee at its meetings of May 30 and November 14, 2014, November 27 and June 3, 2016, and October 28, 2016. The Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules were prepublished on September 9, 2017, in the Canada Gazette, Part I, for a 60-day comment period. Following the above-noted gap in Rules Committee meetings, the public comments were finally considered at the next meeting, November 29, 2019, and further amendments were agreed by the Rules Committee. After an additional delay in 2020 due to the pandemic, the updated amendment proposal was finally endorsed at the next meeting, November 6, 2020.

Objectives

The amendments address five issues, namely, (1) the identification of “ghost” representation; (2) modernization amendments; (3) a simplified procedure to request an anonymity order; (4) the filing of a statement regarding the language of the hearing and its materials; and (5) the modification of the definition of an appeal to reflect changes under the Citizenship Act.

Description

The amendments to the Rules are set out below.

• (1) Identification of “ghost” representation — Rule 5: The amendment to Rule 5(1)(j) and the associated forms would require that a party identify the name of the person who prepares, for a fee or other consideration, the application for leave and judicial review.
• (2) Modernization amendments
  • Rule 4.1: This new provision consolidates a number of separate provisions regarding the deemed receipt of documents that are “sent,” including the option for electronic transmission, and aims to align these Rules with the modernized Federal Courts Rules regarding deemed receipt of documents that are “served” (subsections 9(3) and (4), 14(5) and 15(3)). Following the transfer of the content from subsections 9(3) and (4) to new Rule 4.1, subsections 9(1) and (2) were revised to simplify the language and reflect modern drafting convention.
  • Rule 11(b): The English version is amended to remove the word “written,” which is redundant in the context of a memorandum of argument.
  • Rule 14(3): Subsection (3) was revised to simplify the language and reflect modern drafting convention.
  • Rules 15(2) and (3): Subsection (3) is repealed (replaced by new Rule 4.1), and subsection (2) is revised to simplify the language and reflect modern drafting convention.
  • Rule 17(b): The English version uses the term “papers” while the French just refers to “documents.” In a context that might include both print and electronic documents, it is appropriate to remove “papers” from the English version and use “documents” as in the French.
• (3) Simplified procedure to request an anonymity order — Rules 8.1 and 10(2): New Rule 8.1 creates a simplified procedure for a party to seek from the Court an anonymity order — a limited form of confidentiality. Subparagraph (2)(a)(vi) of Rule 10 is added to reflect that a request for an anonymity order under Rule 8.1 should be included in the perfected applicant's record filed under Rule 10.
• (4) Statement regarding the language of the hearing and materials — Rule 10(2)(a)(vii): A further minor addition of subparagraph (2)(a)(vii) to Rule 10 requires the applicant to file a statement indicating whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the court record will be in English or French, or partly in English and partly in French.
• (5) Citizenship appeal — Rule 2: The amendment to the definition of an “appeal” in the Rules would add appeals referred to in section 10.7 of the Citizenship Act.

Regulatory development

Consultation

Section 46 of the Federal Courts Act provides that the rules concerning the practice and procedure before the Federal Court of Appeal and the Federal Court are established by the Rules Committee, subject to the approval of the Governor in Council. Section 22.3 of the Citizenship Act provides that the Rules Committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals related to matters arising under that Act; and section 75 of the Immigration and Refugee Protection Act provides that the Rules Committee may similarly make rules in relation to matters arising under that Act.

The proposed procedural amendments have been recommended by the Rules Committee. They were then prepublished on September 9, 2017, in the Canada Gazette, Part I, for a 60-day comment period, in accordance with subsection 46(4) of the Federal Courts Act. Comments were received from citizenship, immigration and refugee law practitioners and can be summarized under the following three categories.

Comments related to proposed amendments to Rule 5(1)(j) — identification of “ghost” representatives

The proposed amendment to Rule 5(1)(j) and the associated forms would require that a party identify the name of a person other than the party's lawyer who prepares, for a fee, the application for leave and judicial review. Citizenship, immigration and refugee law practitioners raised specific concerns regarding the scope and terminology of the new requirement, and in particular, recommended that: the new disclosure Rule should apply to any person, including lawyers; and that “fee” is too narrow a term, and instead the Rule should include other forms of compensation (the term “consideration” was recommended).

The Rules Committee decided that the Rule should apply to any person, without restriction, and that the Rule should also apply to situations in which a person prepares a file for “other consideration.”

Comments related to proposed amendments to Rule 8(1) — anonymity Order

New Rule 8.1 creates a simplified procedure for a party to seek an anonymity order. Citizenship, immigration and refugee law practitioners expressed support for this amendment, though noting that proposed Rule 8.1(3)(b) would always require the filing of an affidavit, resulting in duplication, as this evidence would later be in the record once perfected. Therefore, they proposed that the amendment be revised to allow affidavits to be filed in the perfected record, and allowing the responding party to state its position on the request when filing its own record. Some practitioners also recommended that all applications in Federal Court based on applications under sections 96, 97 and 115 of IRPA be anonymized.

The Rules Committee agreed with the comments related to the procedure for requesting an anonymity order in a specific case. However, regarding the proposal to anonymize a wider category of applications, the Rules Committee had previously decided that restrictions on public access to the Court record be made on a case by case basis, including the simplified anonymity procedure, rather than as a general rule for an entire category of cases.

Comments related to proposed amendments to Rule 4.1 — deemed receipt amendment

Citizenship, immigration and refugee law practitioners noted problems with a deemed date of receipt based on the date marked on the document if there is a discrepancy with the date on the fax transmittal sheet or electronic transmission used to transmit the document. The time to complete the next step starts running from the deemed receipt date, even if the document was actually received on a later date, leaving less time than should be available under the Rules.

To address the concern raised, the Rules Committee decided that the amendment should be revised so that the deemed time of receipt is based on the date indicated on the electronic transmission or the fax transmission slip.

Modern treaty obligations and Indigenous engagement and consultation

The amendments will have no impact on modern treaty obligations. The amendments are intended to improve the efficiency and consistency of the Rules with consideration to access to justice for all litigants in the Federal Court of Appeal and Federal Court, including litigants who are First Nations, Métis, or Inuit.

Instrument choice

Pursuant to section 46 of the Federal Courts Act, the rules established by the Rules Committee, and codified in the Federal Courts Citizenship, Immigration and Refugee Protection Rules, regulate the practice and procedure in the Federal Court of Appeal and in the Federal Court related to matters arising under the Citizenship Act and the Immigration and Refugee Protection Act. From time to time, the Chief Justices of the Federal Court of Appeal and the Federal Court also enact practice directions to advise the profession on the interpretation of the Federal Courts Citizenship, Immigration and Refugee Protection Rules and to provide guidance on matters of practice that are not set out fully in the rules. However, as between the Federal Courts Citizenship, Immigration and Refugee Protection Rules and practice directions, only the former are law. Furthermore, practice directions are not as visible and may be hard to find. For the current amendment proposal, it is therefore preferable to proceed by way of amendment to the Federal Courts Citizenship, Immigration and Refugee Protection Rules. This instrument provides

• a comprehensive process of notice and consultation with the public;
• a procedure that has the force of law; and
• a procedure that is transparent and easy to find, given that it is integrated into the Federal Courts Citizenship, Immigration and Refugee Protection Rules.

Regulatory analysis

Benefits and costs

Federal Court proceedings related to citizenship, immigration and refugee matters are complex, and only a lawyer who is a member of a law society in Canada is allowed to represent a party in a judicial proceeding (Rule 119, Federal Court Rules). Only a lawyer may represent a party in a proceeding or provide legal advice regarding the judicial process. Although Rule 5 already requires lawyers to be named when filing a document for a party, applicants in citizenship, immigration and refugee proceedings sometimes file an application that has been prepared by someone other than a lawyer, raising concerns regarding the quality of services provided to the party. The rule and associated form are amended to require that a party identify the person who prepares the application for a fee or other consideration, providing more transparency for external regulatory bodies (including those overseeing the practice of law as well as immigration consultants) to monitor practice in this area.

The limited modernization amendments to the Rules adopt language that reflects the increased use of electronic filing and electronic service of documents by parties under existing practice, particularly during the COVID-19 pandemic. This longer-term shift to digital litigation provides parties with more efficient and less expensive access to the Court, including the ability to work on a digital file either from the office or home, reduced printing and shipping costs for Court files, and reduced travel time when attending hearings virtually. The amendments also revise some language to reflect modern drafting convention, without substantially altering the effect of the Rules.

Regarding the simplified procedure for a party to seek an anonymity order, representatives of the immigration and refugee law Bar indicated that some applicants were concerned about submitting detailed personal information on the public Court record, particularly when the Court proceeding relates to a protection claim under the Immigration and Refugee Protection Act. The normal procedure for requesting confidentiality for a Federal Court proceeding required that a motion record be filed. However, for some applicants, the costs associated with filing a motion record may prevent them from seeking confidentiality that they consider necessary. The Federal Court established an informal procedure by practice direction in 2018, allowing a request for an anonymity order to be included within the applicant's application record, rather than as a separate more costly motion record. The amendment integrates this informal practice into the Rules. Under the practice direction, more applicants have been able to submit a request for confidentiality, though still subject on a case by case basis to the Court deciding on the merits of the request and ensuring a balance between valid privacy/security concerns and the open Court principle. The new, simplified procedure (i.e. resulting in reduced costs) would allow parties to seek a limited form of confidentiality — anonymity — but without sealing the Court record.

The amendment to Rule 10 to require a statement regarding the language of the hearing and materials ensures that a bilingual judge is assigned to hear the application, which reduces the risk that the hearing will need to be rescheduled.

The amendment to the definition of an “appeal” would cover a gap in the regulatory framework. Section 10.7 of the Citizenship Act, which came into force on May 28, 2015, provides for a right of appeal of a decision made under section 10.1 or 10.5. However, the definition of “appeal” under the Rules does not refer to an appeal under section 10.1 or 10.5.

Small business lens

The proposal does not directly impact small businesses and is mainly intended to address issues of practical, procedural and legal concern in litigation related to citizenship, immigration and refugee law, and thus the small business lens does not apply.

One-for-one rule

The Rules' requirements do not meet the definition of administrative burden as defined by the Red Tape Reduction Act and therefore the one-for-one rule does not apply.

Regulatory cooperation and alignment

The proposal is not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The proposed amendments to the Rules are intended to address issues of practical, procedural and legal concern in litigation related to citizenship, immigration and refugee law in the Federal Court of Appeal and Federal Court, including litigants who fall within the gender-based analysis plus (GBA+) analytic framework. No groups are expected to be disproportionately impacted by this proposal.

Implementation, compliance and enforcement, and service standards

The amended Rules will come into force on the day on which they are registered.

Contact

Andrew Baumberg
Secretary of the Rules Committee of the Federal Court of Appeal and the Federal Court
Ottawa, Ontario
K1A 0H9
Telephone: 613‑947‑3177
Fax: 613‑943‑0354
Email: Andrew.Baumberg@cas-satj.gc.ca