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(August 28, 2020) The Immigration and Refugee Board has released the following information about the “Practice notice on the temporary extension of time limits for filing the Basis of Claim form” on their website:

This practice notice extends the time limit to provide the Basis of Claim (BOC) form for claimants who made their claims for refugee protection at a port of entry and whose claim was referred to the Refugee Protection Division (RPD) on or after July 4, 2020.

The RPD extended the time limit for filing BOC forms in its Refugee Protection Division: Practice Notice on the resumption of in-person hearings, but only for those claims referred to the RPD up to and including July 3, 2020. It has since become apparent that an extension should also be provided for claims referred after July 3 due to the difficulty in providing the BOC form under current conditions related to the COVID-19 pandemic, including the mandatory 14-day quarantine for those arriving in Canada from abroad.

Current time limits

If a claimant made their claim for refugee protection at a port of entry, the claimant must usually provide their BOC form to the RPD no later than 15 days after the day the claim is referred to the RPD.

Temporary extension of time

Claims referred to the RPD between July 4, 2020, and August 28, 2020

If a claimant made a claim for refugee protection at a port of entry and their claim was referred to the RPD between July 4, 2020, and August 28, 2020, the RPD extends the time limit for the claimant to provide their BOC form to October 12, 2020.

Claims referred to the RPD on or after August 29, 2020

If a claimant made a claim for refugee protection at a port of entry and their claim was referred to the RPD on or after August 29, 2020, the RPD temporarily extends the time limit for the claimant to provide their BOC form by 30 days from the date on which the BOC form would normally be due. Accordingly, the claimant’s BOC form will be due 45 days after the day on which their claim was referred to the RPD.

Examples:

The following examples are provided for illustration:

• Example 1: If a claimant’s claim was referred to the RPD on July 4, 2020, their completed BOC is now due on October 12, 2020
• Example 2: If a claimant’s claim was referred to the RPD on August 28, 2020, their completed BOC is now due on October 12, 2020
• Example 3: If a claimant’s claim was referred to the RPD on August 31, 2020, the usual 15 day time limit for them to submit their completed BOC is extended by 30 days and their completed BOC is now due on October 15, 2020, 45 days after the day of referral

The time for a claimant to provide their BOC form is being extended for reasons of fairness and natural justice because of the evolving situation associated with the COVID-19 pandemic.

Monitoring

The Immigration and Refugee Board of Canada (IRB) is monitoring the situation closely and may make further adjustments as the situation requires. Please check the IRB website regularly for updates.

Authority

Subsection 159.8(3) of the Immigration and Refugee Protection Regulations provides that the RPD may extend the time for providing the BOC form for port of entry claimants by the number of days necessary for reasons of fairness and natural justice. In addition, section 165 of the Immigration and Refugee Protection Act provides that the RPD may do whatever is necessary for a full and proper hearing.

Signed August 28, 2020

John Szekula
Acting Deputy Chairperson, RPD

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