We are pleased to inform you that the Revised Remuneration Schedule for Designated Representatives will come into effect on April 1, 2015. The revised schedule addresses issues stemming from the Remuneration Schedule of 2012, which sets out remuneration for cases concluded on the merits. The new schedule takes into account cases concluded for reasons other than on the merits, as well as interlocutory or other proceedings attended by designated representatives. It also provides guidance on the timing of payment of the remuneration.
Mario Dion
Chairperson
Greg Kipling
Director General
Policy, Planning and Research Branch
Rebecca McTaggart
Director General
Registry and Regional Support Services
Revised Remuneration Schedule for Designated RepresentativesNote 1
Remuneration for cases concluded on the merits (2012)
Remuneration for cases concluded on the merits (2012)
| Immigration Division - Detention Review | $250 |
|---|
| Immigration Division - Admissibility Hearing | $350 |
|---|
| Immigration Division - Detention Review and Admissibility Hearing | $450 |
|---|
| Immigration Appeal Division - Hearing | $550 |
|---|
| Refugee Protection Division - Hearing | $550 |
|---|
| Refugee Appeal Division - Paper Process | $450 |
|---|
| Refugee Appeal Division - Hearing | $550 |
|---|
Remuneration for cases concluded on non-merits ("conclusions on non-merits")
Cases may be concluded for reasons other than on the merits, for example, appeals dismissed for lack of jurisdiction or perfection, cases withdrawn, cases declared to be abandoned, cases suspended and terminated. Remuneration will be paid according to the work performed by the designated representative, as detailed on their invoice submitted to the Immigration and Refugee Board of Canada (the "Board"), but not exceeding the remuneration for cases concluded on the merits, as shown in the table above "Remuneration for cases concluded on the merits (2012)".
Interlocutory or other proceedings attended by the designated representative
Designated representatives may have to attend proceedings other than the hearing on the merits. Remuneration shown in this table will be paid
when the designated representative attends the following proceedings as detailed on their invoice.
These proceedings are held either pursuant to the Rules of a Division or as directed by a Division. They do not include meetings between the designated representative and the subject of the proceeding.
Interlocutory or other proceedings
| Immigration Division | Immigration Appeal Division | Refugee Protection Division | Refugee Appeal Division |
|---|
| After the hearing on the merits is
concluded, parties are directed to reappear to clarify certain pointsNote 2 | $100 | $100 | $100 | $100 |
| Alternate Dispute Resolution conference (whether the Minister consents or not) | not
applicable | $250 | not
applicable | not
applicable |
| Conference (scheduling, to narrow down issues, etc.) | $100 | $100 | $100 | $100 |
| Special hearing to show cause / Show cause conference | not
applicable | $100 | $100 | $100 |
| Interim reconsideration of stay of removal order | not
applicable | $250 | not
applicable | not
applicable |
| Proceeding postponed due to operational reasons without a 48-hour notice by the Board to the designated representative | $100 | $100 | $100 | $100 |
| Designated representative shows up (either at the Board or other sites, for example, detention centre) to attend a proceeding that is postponed due to issues not related to the designated representative (for example, absence of subject of proceeding and/or counsel) | $100 | $100 | $100 | $100 |
Pre-authorized travel expenses
Designated representatives may also be paid for pre-authorized reasonable travel expenses, supported by original receipts, incurred by them directly engaged in the performance of the work, calculated in accordance with the
National Joint Council Travel Directive in effect at the time of travel, without any allowance for overhead or profit. All travel expenses must be pre-authorized by the Project Authority. More information is available in the designated representative’s contract with the Board.
Timing of payment of remuneration
The payment process will be initiated upon receipt of the designated representative’s invoice by the Board. The designated representative can submit their invoice immediately after having completed the work, that is, at the conclusion of the hearing on the meritsNote 3 or after various other steps in the process that conclude a case ("conclusions on non-merits").
Designated representatives’ services are considered rendered:
- when the final hearing is concluded AND the member reserves their decision ("conclusion on merits").
- when the final hearing is concluded AND the member delivers a bench decision ("conclusion on merits").
- when the final hearing is "adjourned" for written submissions (when it is clear that the hearing is concluded, that is, the evidence is complete and no mention to resume the hearing is made) ("conclusion on merits").Note 4
- when the final hearing is "adjourned" for post-hearing documents (when it is clear that the hearing is concluded, that is, the evidence is complete and no mention to resume the hearing is made) ("conclusion on merits").Note 4
- in the cases decided on the basis of the record (paper process), when the member signs the decision ("conclusion on merits").
- in the cases of conclusions on non-merits, when the member signs a decision that confirms that the case is concluded or when the Registry of the Board confirms that a case is concluded ("conclusion on non-merits").
Notes
- Note 1
A representative designated for more than one person because files have been joined receives remuneration for one case only, unless otherwise directed by Common Services or a Division. The applicable criteria would be whether the designated representative has to devote supplementary time because of the number of persons. Generally, the number of persons represented is not a determinant of the remuneration because cases heard or decided jointly does not require more time and effort.
Return to note 1 referrer
- Note 2
A hearing that is adjourned, that is,
not concluded, and therefore involves multiple sittings does not fall into this category. It is the same hearing that continues. Additional remuneration of $100 will be paid only if parties are directed to reappear (and the designated representative attends) after the hearing is
concluded.
Return to note 2 referrer
- Note 3
This means after the hearing is concluded, at the end of the last sitting, if applicable.
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- Note 4
Should the member decide at a later date to resume the hearing, a remuneration of $100 would be paid if the designated representative attends this additional proceeding, as set out in the section above "Interlocutory or other proceedings attended by the designated representative" under "After the hearing on the merits is concluded, parties are directed to reappear to clarify certain points".
Return to note 4 referrer
Return to note 4 referrer