On June 19, 2020, the IRB released a brief announcement and a Practice Notice/Resumption Notice (“Resumption Notice – IRB Business resumption measures related to COVID-19”) setting out timelines for its return to business.
🚩NOTE!🚩 This would appear to be the Resumption Notice which triggers the counting of time, e.g. for the submission of BOCs. However:
- It also states that “all of the Divisions will be issuing separate practice notices linked to business resumption, specifically on measures related to divisional rules and procedures”. As of June 21, 2020, no further Practice Notices have been issued; and
- It expressly does not apply to the Immigration Division or the Refugee Appeal Division (“…hearings at the RAD remain postponed while the ID will continue to conduct detention reviews and some admissibility hearings remotely. Separate resumption notices will be issued for the RAD and ID at a later date.”)
- On the assumption that this is the Resumption Notice, dates have been calculated based on the “Practice notice on the temporary extension of time limits for filing the basis of claim form” (RPD PN April 7, 2020) and the “Practice notice on the temporary extension of time limits for filing a notice of appeal” (IAD PN April 7, 2020)
- A summary of the resumption procedure for RAD, along with links to the Practice Notice etc, can be found at the previous post “The RAD is returning to business”, and the main notice is “Practice Notice on Resumption of Time Limits at the Refugee Appeal Division (RAD)” (RAD PN June 12, 2020)
The key dates (some of which have already occurred) set out therein are:
By date
- June 15, 2020: “mail and partial registry services resumed in the IRB’s Vancouver Regional Office” [PN June 19, 2020]
- June 22, 2020: mail can be received at Montreal and Toronto [PN June 19, 2020]
- June 29, 2020: partial registry services resume at Montreal and Toronto [PN June 19, 2020]
- July 19, 2020:
- Basis of Claim forms (which would otherwise have been due on or after February 15, 2020) due [RPD PN April 7, 2020]
- Notices of Appeal to the IAD (which would otherwise have been due on or after March 16, 2020) due [IAD PN April 7, 2020]
- July 20, 2020: in-person hearings and full reception services resume in Vancouver [PN June 19, 2020]
- August 3, 2020: in-person hearings and full reception services resume in Montreal and Toronto [PN June 19, 2020]
- August 19, 2020: Notices of Appeal to RAD and RAD records (which would otherwise have due between January 1 and August 18, 2020) due [RAD PN June 12, 2020]
By category
- Mail:
- Vancouver: June 15 [PN June 19, 2020]
- Montreal & Toronto: June 22 [PN June 19, 2020]
- Registry:
- Vancouver: June 15 (partial) [PN June 19, 2020]
- Montreal & Toronto: June 29 (partial) [PN June 19, 2020]
- In-person hearings and full reception services:
- Vancouver: July 20 [PN June 19, 2020]
- Montreal & Toronto: August 3 [PN June 19, 2020]
- Basis of Claim forms due: July 19 [RPD PN April 7, 2020]
- Notices of Appeal to the IAD due: July 19 [IAD PN April 7, 2020]
- Notices of Appeal to the RAD: August 19 [RAD PN June 12, 2020]
- RAD records: August 19 [RAD PN June 12, 2020]
Further Notes 🚩
- Since the “registry” refers in a real sense to different parts of the IRB tribunals’ administration, it’s not entirely clear what “registry service” reopening means. In context, the implication is that in-person service or delivery of documents will be possible again. It is not clear how this fits with the fact that “full reception services” will not be open until in-person hearings resume, e.g. it may be possible to drop off a document but not receive a proof of service stamp.
- It’s also unclear what “partial” registry service means, but considering what other businesses and services have implemented, it may mean reduced hours and/or reduced service levels/speed.