Requirements for submitting completed Basis of Claim forms
Requirements for submitting completed Basis of Claim forms
LAO requires roster members to submit completed (signed and dated) Basis of Claim (BOC) forms and narratives to LAO within 30 days of completing the BOC.
This requirement applies to all BOC certificates, whether an RPD hearing authorization is or will be requested.
BOC form and Narrative Submission – Document Code 115
Within 30 days of completing the BOC form and narrative, they must be uploaded to Legal Aid Online.
- Step 1: In the Document Attachments section for the BOC certificate, under “Description” indicate “completed BOC.”
- Step 2: Under “Document Code” select “115 Signed/Dated BOC and Narrative.”
Important: Please note that submitting a BOC and narrative alone will not generate a request for RPD Hearing authorization. If your client also requires RPD hearing coverage, you must also follow the instructions under RPD Hearing Authorization Requests.
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RPD Hearing Authorization requests – Document Code 102
To have the hearing authorization added to a BOC certificate, you must submit one of the following documents, which confirms that your client’s claim has been referred to the RPD:
- Confirmation of Referral document
- Refugee Protection Claimant Document
- Notice to Appear for a hearing* (see the note below for BOC certificates that require a Notice to Appear to be submitted)
- correspondence from the IRB indicating the claim may be eligible for the Less Complex Claims Process
- any other correspondence from the Refugee Protection Division which can confirm the claim was referred to the RPD
Please note the Acknowledgement of Claim document is no longer an acceptable document.
When uploading the document confirming referral of the claim to the RPD, please follow these steps:
- Step 1: In the Document Attachments section for the BOC certificate, under “Description” indicate “requesting hearing authorization.”
- Step 2: Under “Document Code” select “102 – RPD authorization materials.”
This will automatically generate a review of your request for hearing authorization. The completed BOC and narrative must be on file (previously uploaded or uploaded at the same time as the document above) for the request to be considered.
If you are providing your BOC at the same time as an RPD Hearing Authorization request, use Document Code “115” for the BOC, and Document Code “102” only for the document in the list above.
Where a BOC has been previously uploaded using this process, there is no requirement to upload it a second time when the RPD Hearing Authorization request is made.
Notice to Appear for a hearing required for some certificates
*NOTE: Some BOC certificates include an additional three hours to respond to disclosure requests from the RPD further to the Less Complex Claims / File Review process.
For these BOC certificates, RPD Hearing authorization is only granted when a Notice to Appear for a hearing is submitted.
You can identify these certificates because they include an additional three hours, mention “filing of documents in accordance with the IRB expedited process for refugee claimants” and also include the following notation:
“Counsel to contact Legal Aid if full hearing is required for which a further 6 hours plus hearing attendance time will be authorized.”
Frequently Asked Questions
Q: Does the change announced on December 19, 2023, require lawyers to submit previously completed BOCs?
A: The new requirement only applies to BOCs completed on or after December 19, 2023. However, lawyers requesting RPD hearing coverage or lawyers who have been directed to submit BOCs under a roster management condition are still required to submit completed BOCs regardless of the date, as per the previous requirements.
Q: Does the process change require lawyers to resubmit BOCs that were previously provided to LAO, e.g. in a request for RPD hearing coverage? Would a lawyer who has submitted a BOC under the new requirement be later required to provide it again, if they wish to request RPD coverage for that client?
A: No. A completed BOC must be provided only once and does not need to be resubmitted.
Q: What should be done in situations where the BOC filed with the IRB was not signed by the client?
A: LAO does require that BOCs be signed and dated by the client, however, in a case where the client was unable to sign and date the BOC, a copy of the filed BOC (unsigned) should be uploaded with a brief explanation (in the Comments section of the document attachment page) explaining the circumstances of why the client could not sign the BOC.
Q: Would the LAO system automatically stop the payment of an account for BOC preparation if a copy of the BOC has not been provided?
A: Lawyers will still be able to submit accounts and be paid. However, in situations where no BOC was provided to LAO, a payment received by the lawyer may be subject to further review or recovery by LAO. Repeated non-compliance with the requirement for BOC submission could also lead to roster management consequences.
Q: What happens if the client relationship ends before I have completed the BOC?
A: If you have acknowledged a BOC certificate, but your relationship with the client ends before you can complete the BOC but you would still like to bill for the work done, please ensure when you bill the certificate that your detailed final account and docket clearly indicate why the BOC was not completed (e.g. client decided not to make a claim, client withdrew claim, client disappeared, there was a solicitor-client relationship breakdown, etc.)
Q: What happens if the BOC was already filed without assistance of counsel, and the 30-day deadline to submit completed BOCs to LAO has already passed, and the BOC certificate is being used to submit a required amendment?
A: Lawyers should still upload the signed and dated BOC and narrative as soon as possible, with a note in the Comments field that although the BOC was completed by the client alone, the lawyer has acknowledged the BOC certificate to complete a BOC amendment. Lawyers should then upload a copy of the BOC amendments within 30 days of completion.
Q: What should I do if a client has a BOC certificate, but no BOC preparation or BOC amendment services are required because the BOC filed by the client is satisfactory?
A: Lawyers should upload the BOC and a document confirming referral of the claim to the RPD and request that the certificate be amended to include only RPD hearing services.