New Requirements for Submission of the Completed Basis of Claim (BOC) to LAO
Published: December 19, 2023
On November 2, 2023 LAO issued a B3: Better Billing Bulletin clarifying new requirements for billing the preparation and filling of the Basis of Claim (BOC) in Refugee Protection Division Matters. In addition to these billing requirements, LAO has new requirements that will come into effect on December 16, 2023.
LAO now requires that you submit a copy of the completed (signed and dated) BOC form and Narrative within thirty days of completion and filing.
BOC form and Narrative Submission
Step 1: When submitting this documentation, under the Document Attachments section, indicate, “Hearing coverage not required at this time.”
Step 2: Under the Document Code select “115 Signed/Dated BOC and Narrative”
Important: Please note that submitting these documents will not generate the request for RPD Hearing authorization. If your client also requires RPD hearing coverage, you must make a separate request.
If your client does not require hearing authorization for any reason, please ensure your detailed account clearly indicates why you will not be representing the client at the RPD hearing, i.e. client abandoned claim, client granted refugee status without a hearing, representing the client on a private retainer.
Important: Please note that billing for the preparation and filing of the BOC without submitting the required signed and dated BOC form and Narrative may result in non-payment of your account. If the BOC form and Narrative was not completed in full, ensure your detailed account provides enough description of the work that was conducted and the reason why it was not completed in full and/or filed.
RPD Hearing Authorization
In order to have the hearing authorization added to the certificate you must submit one of the following documents:
- a Confirmation of Referral form
- an Acknowledgment of Claim form
- a Refugee Protection Claimant Document
- a letter from the IRB indicating the claim may be eligible for the Less Complex Claims Process, or
- any other correspondence from the Refugee Protection Division of the Immigration and Refugee Board (e.g. email from RPD confirming referral)
When submitting this document, in Step 1 above, indicate “Requesting hearing authorization” in the description field and in Step 2, select code “102 – RPD authorization materials”.
This request will automatically generate a review of your request by LAO for hearing authorization.
Billing for the preparation and filing of BOC in Refugee Protection Division Matters (as previously communicated)
When billing for the preparation and filing of the BOC, roster members should submit an interim account for this work as the hearing authorization will be added to the certificate once it has been authorized. Roster members should only submit a final account on a certificate that includes only the BOC authorization when they are certain that they will not be seeking to have the hearing authorization added to their client’s current certificate. Final accounts must be submitted where:
- you have completed all authorized services
- in any circumstances where you stop acting for a client, including after a formal change of lawyer application has been granted
- the certificate cannot be extended after reaching its end of life.
Interim, final and supplementary accounts must be submitted in accordance with the certificate’s billing deadline.