Requirements for Basis of Claim upload and Refugee Protection Division hearing authorization requests

Published: September 11, 2023

The information on this page is out of date, please refer to the following page for the most up to date information. Updated instructions for submitting BOC forms.

Basis of Claim (BOC) upload and Refugee Protection Division (RPD) hearing authorization requests: requirements

Legal Aid Ontario (LAO) is writing to notify roster members providing refugee law services of a process change that is coming into effect immediately. Further details on the process change, including instructions on how to ensure Basis of Claim (BOC) forms are uploaded and triaged appropriately for consideration, are set out below.

Background

Recently, LAO has observed a significant increase in demand for refugee law services. This rise in demand has necessitated a process change to ensure that requests for certificate coverage can be addressed in a timely and administratively efficient manner.

In order to carry out its mandate under the Legal Aid Services Act, 2020, and to support roster members to ensure they can continue to provide high-quality legal aid services to this vulnerable client group, LAO is requesting additional information from roster members. This additional information will facilitate timely and effective decision making by LAO.

1. Legal Aid Ontario is now requiring that lawyers provide reasons for the BOC uploads in the description box on the Legal Aid online portal.

   The description requirement pertains to the two scenarios provided below:

   1. For new roster members who have been instructed to upload their BOC and Narrative forms as part of their conditions for joining the roster, or existing roster members who have been instructed to upload their BOC and Narrative forms for compliance verification purposes, and who are not also seeking hearing authorization, please enter the following in the Description field: “Hearing coverage not required at this time.”

   2. For all roster members who are uploading a BOC and requesting authorization coverage, please enter the following in the Description field: “Requesting hearing authorization.”

   Below is a view of the Lawyer portal page illustrating the description field to be completed:

   

2. Legal Aid Ontario requires that all roster members who are seeking RPD hearing authorization coverage submit two documents, as follows:

   • Completed signed BOC form and narrative and one of the following documents:

     • a Confirmation of Referral form
     • an Acknowledgment of Claim form
     • a Refugee Protection Claimant Document
     • a letter from the Immigration and Refugee Board (IRB) indicating the claim may be eligible for the Less Complex Claims Process (many lawyers provide this letter only because it is the first correspondence they may receive on a claim, and they use it only to show the claim has been made)
     • any other correspondence from the Refugee Protection Division of the IRB (e.g., an email from RPD confirming referral)

   Please note that RPD hearing request submissions that do not include both the BOC and one of the above documents will not be approved, and no further action or follow-up will be taken by Legal Aid Ontario.

Questions

If you have any questions regarding this process change, please contact the Lawyer Service Centre by phone at (toll-free) 1-866-979-9934 or from the GTA at 416-979-9934 or by email: pl-lsc@lao.on.ca.