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Proposed Amendments to AUC Rule 016, AUC Bulletin 2021-02

Link to Bulletin Summarized

As part of the effort to implement process efficiencies identified in the Report of the AUC Procedures and Process Review Committee, the AUC proposes amendments to Rule 016: Review of Commission Decisions.

Proposed Changes

In consideration of the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v Vavilov, which altered the standard of review applicable to many AUC decisions, the AUC proposed changes to Rule 016 that would:

  • Limit review applications to errors of fact, or mixed fact and law where the legal principle is not readily extricable.

  • Change the filing deadline for review and variance applications to 30 days after the original decision is issued.

  • Introduce page limits for applications and reply submissions.

Where the outcome of a review application was clear on its face, the AUC proposes to proceed directly to a decision without seeking submissions from other parties. In applications where submissions from other parties are warranted, the AUC will no longer require statements of intent to participate, and immediately request submissions from the parties.

The AUC’s review of Rule 016 will consist of a stakeholder consultation involving a written process.

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