Expression of Interest: Designated Representative – Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada (IRB) is soliciting expressions of interest to provide designated representative services to subjects of proceedings before its four Divisions for the Eastern region.
The IRB is Canada’s largest independent administrative tribunal. It is governed by the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations. Its decision-makers, known as members, are responsible for making well‑reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law. In addition, the IRB relies on the rules of practice for each of its Divisions (Immigration Division Rules, Immigration Appeal Division Rules, Refugee Protection Division Rules, and Refugee Appeal Division Rules,) as well as its own policy instruments and administrative procedures to promote efficiency and fairness in its proceedings and other processes.
LOCATION OF PROCEEDINGS
The IRB holds proceedings across Canada. Proceedings are held in person, by videoconference, virtually using Microsoft Teams, by telephone, or on the basis of the written record (without a hearing). The majority of hearings at the IRB are currently held remotely, although the number of hearings being held in-person may increase in the future.
In the Eastern region, the IRB has employees working out of its Ottawa and Montreal offices : so hearings are held in these two offices, , as described in the Designated Representative Guide.
In accordance with subsection 167(2) of the IRPA, members are required to appoint a designated representative if the subject of the proceedings is under 18 years of age or, in the member’s opinion, unable to appreciate the nature of the proceedings.
The designated representative is usually a parent, family member, legal guardian, or friend. When there is no parent, family member, legal guardian, or friend who can act as a designated representative, the IRB will contract the services of an individual who has been identified as someone who is willing and able to act as a designated representative before the IRB. This person is called a contracted designated representative.
The designated representative key role is to protect and advance the interests of the person they represent. The role of the designated representative may vary, depending on the level of understanding of the minor or person unable to appreciate the nature of the proceedings. Minors will vary in their ability to participate in making decisions, depending on the type of decision that must be made, their age and their maturity. Persons who are unable to appreciate the nature of the proceedings may also have some ability to participate in making decisions, depending on the type of decision that must be made and the nature and severity of their impairment. The role and responsibilities of designated representatives are set out in the Designated Representative Guide.
REQUIREMENTS FOR DESIGNATED REPRESENTATIVES
To be designated as a representative, the person must:
- be 18 years of age or older;
- understand the nature of the proceedings;
- be willing and able to act in the best interests of the subject of the proceedings;
- not have interests that conflict with those of the subject of the proceedings.
CONTRACTED DESIGNATED REPRESENTATIVES
The IRB needs to ensure contracted designated representatives have the requisite competencies to perform their work. The IRB pays remuneration to contracted designated representatives in accordance with the Designated Representative Remuneration Schedule.
In addition to the requirements for all designated representatives, contracted designated representatives must:
- hold a valid reliability status, granted or approved by the IRB or, as an equivalent, have a valid police records check or “verification request” which includes criminal records checks, vulnerable sector checks and any similar check, within the past 10 years;
- complete a physical security and information technology security assessment if there is a requirement to handle or store protected information;
- ideally live in the vicinity of the location where the proceedings are held. Although the IRB reimburses pre-authorized travel expenses calculated in accordance with the National Joint Council Travel Directive, it does not generally pay for the cost to travel by air to the location where the proceeding is held;
- ensure they fully understand and are able to fulfill the competency requirements set out in the Designated Representative Competency Profile; and
- ensure they fully understand and comply with the Code of Conduct for Designated Representatives and Designated Representative Guide for carrying out the work of designated representative.
STATUS OF CONTRACTED DESIGNATED REPRESENTATIVES
Contracted designated representatives are not employees of the IRB. They provide services in accordance with the terms and conditions set out in their contracts with the IRB. They are independent professional services contractors who are appointed by the member assigned to a case to act as the designated representative for the subject of the proceedings in a specific Division once the member is satisfied that they meet all conditions. Such contracts with the IRB do not include a clause guaranteeing a fixed or minimum number of times a contractor may be requested to provide designated representative services. The volume of cases before the IRB fluctuates year over year as does the need for designated representatives.
Currently, the IRB has designated representative arrangements with individuals and memoranda of understanding with some organizations.
HOW TO APPLY TO BECOME A CONTRACTED DESIGNATED REPRESENTATIVE
The candidate must forward their curriculum vitae, presentation letter and any documents in support by email to irb.DR-Est.RD-East.firstname.lastname@example.org