Additional information on this Practice Notice on Procedural Issues can be found in the following documents:
On this page
1. Introduction
This practice notice on procedural issues at the Refugee Protection Division (RPD or Division) replaces 9 previously issued practice notices which are therefore repealed.Footnote 1 It comes into force on September 9, 2024, except for sections 2.2, 4.1, 4.4, and 4.5, which come into force on October 15, 2024, to provide time for parties and their counsel to familiarize themselves with the new procedures and forms.Footnote 2
2. Time limit for providing the Basis of Claim Form – Port of Entry
2.1 Extension of time limit
If a claimant makes their claim for refugee protection at a port of entry, the
Immigration and Refugee Protection Regulations (IRPR) provide that the claimant must send their completed Basis of Claim (BOC) Form to the
RPD no later than 15 calendar days after the day the claim is referred to the
RPD.Footnote 3
Due to the current volume of new refugee claims being made in Canada, the time limit is extended to 45 calendar days after the day the claim is referred to the
RPD pursuant to subsection 159.8(3) of the IRPR.
2.2 Request for additional time
A claimant may make an application to further extend the time limits to provide the completed
BOC Form to the
RPD as outlined in section 2.1. The application must be made using the Application to extend the time limit to submit the Basis of Claim Form. Use of the form is mandatory, but the
RPD will apply this requirement flexibly for an unrepresented claimant.
The application must be received by the
RPD no later than 3 working days before the expiry of the 45 calendar-day time limit in section 2.1 and must include reasons why an extension is required.
2.3 Special hearing if BOC Form not provided on time
Where a claimant does not provide the
BOC Form within the time limit set out in section 2.1, the claimant must appear for a special hearing to explain why the claim should not be declared abandoned (abandonment hearing).
3. How to provide a document
3.1 Methods of providing documents
A party and their counsel are encouraged to use electronic means of communication with the
RPD such as email, Connect (formerly ePost Connect) and the My Case portal. If a party or their counsel are unable to use these methods, they can use mail, fax, courier or in-person delivery.
Documents submitted by email must be in PDF format as attachments.
All documents provided must have the
RPD File Number, the date of the hearing, if applicable, and the type of document clearly indicated on them.
3.2 RPD waives (removes) the requirement for some signatures
The
RPD waives the requirement in the
Refugee Protection Division Rules (RPD Rules or Rules) for signatures on the following completed documents if they are provided electronically, such as by email, Connect or the My Case portal:
The requirement to sign these documents is not waived if they are provided by mail, courier, fax, or in-person delivery.
All documents must be dated, even if submitted electronically.
3.3 RPD waives (removes) the requirement to provide original and extra copy of the BOC Form
The
RPD waives the requirement to provide the original
BOC Form and an extra copy to the
RPD or to the referring officer.Footnote 8 A claimant may instead submit 1 copy of the completed
BOC Form to the
RPD or to the referring officer. However, a claimant must retain the original and provide it to the
RPD on request.
3.4 Providing documents to the Minister
Where the Minister has intervened in a claim, a claimant must always send the Minister a copy of any document sent to the
RPD, even if the Minister is only submitting written evidence and arguments.Footnote 9
3.5 Translation of documents
Documents that are not in either French or English must be accompanied by a translation into French or English. Translations must be completed by a human translator who provides a declaration that the translation is accurate. Using web-based tools such as Google Translate or other software to translate documents does not comply with
RPD Rule 32.Footnote 10
4. Applications
4.1 Change of date and time
a. Change of date and time applications must be made without delay using the RPD's form
A party who wishes to make an application to change the date or time of a hearing must make an application without delayFootnote 11 using the form
Application to change the date or time of a proceeding. Use of the form is mandatory, but the
RPD will apply this requirement flexibly for unrepresented parties.
When deciding applications to change the date or time of a proceeding, members consider if the party has acted diligently.
b. RPD waives (removes) the requirement to provide alternate dates
If an application to change the date and time of a hearing is granted, the
RPD registry will contact the parties to reschedule the proceeding. The
RPD waives the requirement in the RulesFootnote 12 for parties to provide 3 alternate dates on which they are available to proceed with the application.
4.2 RPD waives (removes) the requirement to provide an affidavit or statutory declaration with applications, responses, and replies
Unless directed by the
RPD, the
RPD waives the requirement in
RPD Rule 50 (making an application),Footnote 13 Rule 51 (response to an application),Footnote 14 and Rule 52 (reply to a response),Footnote 15 that any evidence must be given in an affidavit or statutory declaration. However, a party may still submit an affidavit or statutory declaration if they wish.
4.3 RPD waives (removes) the requirement to provide a medical certificate
Unless required by the
RPD, where the
RPD RulesFootnote 16 contain a requirement to provide a medical certificate, this requirement, and the requirement to explain why a medical certificate is not provided, are waived. However, a party may still present a medical certificate in support of an application if they wish.
4.4 Procedures for late disclosure
The
RPD Rules require that documents for use at a hearing be filed no later than 10 calendar days before the hearing date, unless responding to a document filed by another party or the Division, in which case the time limit is 5 calendar days.Footnote 17 Documents filed outside these time limits may not be used unless allowed by the Division.Footnote 18
A party who provides late documentary evidence to the
RPD must make an application using the form Application to submit late disclosure to the Refugee Protection Division. Use of the form is mandatory, but the
RPD will apply this requirement flexibly for unrepresented parties.
The application must be made as soon as possible. Parties should not wait until the day of the hearing to present documents to the
RPD.
The same requirements apply to subsequent sittings as to the first sitting. For example, if a hearing is started and then adjourned to be completed at a later date, an application is not required if the documents are received no later than 10 calendar days before the date fixed for the second sitting (or 5 calendar days if the document is provided to respond to another document).
4.5 Procedures for voluminous disclosure of country conditions evidence
Evidence at the
RPD generally falls into 2 broad categories:
- personal documents (e.g., identity documents, police reports, etc.)
- country conditions evidence (e.g., human rights reports, research on the situation in the country, etc.)
All documents submitted to the
RPD must meet the requirements of
RPD Rule 31Footnote 19, including being paginated (numbered). When a party submits more than 1 document, the party must provide a list that identifies (names) each separate document.
a. Personal documents
There is no page limit on providing personal documents as documentary evidence. However, the documents must meet the requirements of the
RPD RulesFootnote 20 by being relevant to the proceedings and not duplicative. A document is duplicative when the Division already has access to it. Documents must also be accompanied by a translation where required by the Rules.
b. Country conditions evidence
The page limit for submitting country conditions evidence without an application is 100 pages per file at the
RPD (claims or applications heard together are considered 1 file). Each side of a page is counted as 1 page (where both sides of a page are used, it is counted as 2 pages). Documents submitted to the
RPD before the coming into force of this section of the practice notice do not count against the total number of pages.
Where a claim or application involves multiple countries of reference, the page limit is 100 pages for each country of reference.
A party who submits country conditions evidence over the page limit must make an application using this form Application to submit voluminous disclosure to the Refugee Protection Division. Use of the form is mandatory, but the
RPD will apply this requirement flexibly for unrepresented parties.
The application should explain how each document is relevant to the claimant(s)' particular circumstances. Parties should consult the relevant
National Documentation Package(s) to ensure the documents are not duplicative.
5. Miscellaneous
5.1 Presence of minor refugee claimants at a hearing
Unless required by the presiding member, a minor (under 18 years of age on the date of their refugee hearing) does not need to attend their hearing. However, a minor may attend the hearing if they wish in consultation with their designated representative.
5.2 Members' use of electronic signatures
The
RPD provides notice that an electronic signature satisfies the requirement for members to sign their reasons for decision under paragraphs 68(1)(b) and 68(2)(b) of the
RPD Rules. Accordingly, parties may receive decisions that are signed either electronically or on paper with wet signatures; either signature is equally valid.
5.3 Submitting documents with graphic content
When filing evidence containing graphic content, such as pictures or videos that show violence, serious injuries, or sexually explicit acts, the party must clearly identify it by labelling it with “Notice: Graphic Content”.
The notice must be prominently displayed so that it will be seen before the recipient views the graphic content. For example, appropriate places to identify graphic content include the submission package's cover page, email subject line, and/or a table of contents.
6. Authority
Paragraph 159(1)(g) of the
Immigration and Refugee Protection Act (IRPA) provides that the Chairperson has authority to take any action that may be necessary to ensure that members of the Board carry out their duties efficiently and without undue delay. The Chairperson has delegated this authority to Deputy Chairpersons.
Rule 69 provides that, in the absence of a provision in the Rules dealing with a matter, the Division may do whatever is necessary to deal with the matter.
RPD Rule 70 provides that the Division may, after giving notice to the parties and an opportunity to object, change a requirement of a rule, excuse a person from a requirement of a rule, and extend or shorten a time limit.
With respect to time limits for providing the
BOC Form, subsection 159.8(3) of the
Immigration and Refugee Protection Regulations provides that the
RPD may, for reasons of fairness and natural justice, extend the time limit for providing the
BOC Form for port of entry claimants by the number of days that is necessary in the circumstances.
Signed September 9, 2024
Roula Eatrides
Deputy Chairperson,
Refugee Protection Division.
7. Annex – Glossary of terms used in this practice notice
Glossary
Practice Notice on Procedural Issues
| Term/Phrase | Definition/Explanation |
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An abandoned claim is a claim where the
RPD finds you are in default of the proceedings, for example by not sending in your
BOC Form on time, by not communicating with the
RPD when asked, or by not coming to your hearing. There are serious consequences if the
RPD decides that your claim has been abandoned. Your claim will not be heard and you will not be allowed to make another refugee protection claim in the future. You will most likely be required to leave Canada. |
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To act diligently is to make reasonable and thorough efforts to do something. For example, if you apply to change the date and time of your hearing, the member will consider whether you “acted diligently”— i.e., whether you made reasonable efforts to address the issue that caused you to need a new hearing date. |
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An adjournment means your hearing started but was not finished, so it will continue on another scheduled date. |
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An affidavit is a type of written evidence, similar to a statutory declaration. An affidavit is a statement of facts with relevant information about a particular situation or event. The author must sign the affidavit to swear or affirm that the contents are true in front of a person authorized by law to administer the oath or affirmation (e.g., a lawyer or notary public). |
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For refugee claims, "another party" means the Minister of Public Safety who is responsible for the Canada Border Services Agency (CBSA) or the Minister of Immigration, Citizenship and Refugees Canada (IRCC), if they have intervened in your claim. |
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An application is a formal request for the
RPD to give you special consideration on a matter. Examples of applications at the
RPD include requests to change the date and time of a hearing, or for more time to submit your completed Basis of Claim (BOC) Form. The PNPI is introducing 4 new forms to make it easier for you to submit certain applications. |
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Basis of Claim (BOC) Form
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For refugee claimants, your Basis of Claim Form – or BOC Form - is a very important document for your refugee claim. This is where you give information about yourself and tell the
RPD why you need Canada's protection.
The information in your
BOC Form must be accurate, truthful, and as complete as possible. |
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Generally speaking, the Canada Border Services Agency (CBSA) is responsible for managing the people and goods that cross Canada's borders. Within the refugee process, the
CBSA is responsible for the intake of refugee claims made at the port of entry (e.g., a land, air, or marine port). Officers of the
CBSA may also intervene in a refugee claim and participate in the hearing in-person or in writing at any point during the refugee claim process. |
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Time limits are calculated using either “calendar days” or “working days”. “Calendar days” means all days of the year. No days are excluded. ”Working days” means every day but Saturday, Sunday, and any designated holiday. When using calendar days, all days are counted; when using working days, all days are counted except those days that the
RPD is closed (weekends and holidays). |
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Country of reference is a country where a claimant must establish that they are at risk. There can be more than one country of reference in a file, for example, a claimant may be a citizen of more than one country, claimants in a joined file may have different nationalities, or the Member or the Minister raises an issue where a claimant may have status in a third country. |
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Country conditions evidence
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Country conditions evidence is documentary evidence about conditions in the country that you are claiming protection from. Examples include reports from well-respected sources, such as human rights organizations and credible news organizations.
The
IRB has put together a
National Documentation Package (NDP) for every country. The
NDP contains lists of public documents that provide information on country conditions. The
IRB considers the relevant
NDP information as country condition evidence in every claim. |
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Designated Representative
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A designated representative is someone who represents a party appearing before the
IRB who is unable to represent themselves because they are: (1) under 18 years of age or (2) unable to understand the nature of the proceedings. A designated representative can be a parent, family member, legal guardian, friend, or a person appointed by the
IRB under contract. See
Designated representatives - Immigration and Refugee Board of Canada (irb.gc.ca) and
Chairperson's Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board - Immigration and Refugee Board of Canada (irb-cisr.gc.ca). |
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At the
RPD, information that you provide in the form of documents (as opposed to oral testimony) to support your claim is known as documentary evidence. In general, there are two kinds of documentary evidence used at the
RPD: country conditions information and personal documents. |
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Connect (formerly ePost Connect)
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The
RPD allows the receiving and sending of documents electronically through Canada Post's secure service. This service is called Connect. The
IRB website provides instructions on how to register with Connect. |
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Fairness and natural justice
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In Canada, tribunal decision-makers must follow principles of fairness and natural justice, meaning they must follow proper procedures when making a decision (such as deciding a refugee claim). This includes giving parties a reasonable opportunity to present their case. |
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“A file” (noun) is an official record of a case; see
RPD File Number. |
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Graphic content, also known as sensitive materials, includes but is not limited to documents, material, pictures, and videos that feature violence, serious injuries, or sexually explicit acts. Exposure to graphic content can have a negative impact on viewers, readers, and listeners. |
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Generally speaking, Immigration, Refugees and Citizenship Canada (IRCC) is responsible for processing immigration applications such as permanent resident applications and other associated processes such as work permits and interim health insurance. Within the refugee process,
IRCC is responsible for receiving refugee claims made inland. Officers of
IRCC may also intervene in a refugee claim and participate in the hearing in-person or in writing at any point during the refugee claim process. |
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An intervention means that the Minister has decided to participate in your claim. This is done by someone who works for
IRCC or
CBSA called a “hearings officer” or “Minister's counsel”. The Minister's counsel usually participates (“intervenes”) in a refugee claim when they are opposed to it. When the Minister intervenes, he or she will present evidence and may appear at your hearing. An “intervention in writing” means that Minister's counsel is only submitting documents and will not appear at the hearing. The Minister's counsel does not decide your claim; the
RPD member is always the decision-maker for refugee claims in Canada. If the Minister decides to participate, they will send a letter called a Notice of Intention to Intervene. A copy of this letter is sent to your counsel or directly to you if you are unrepresented. This letter will indicate how they are intervening (in writing, or by appearing at your hearing) and the reasons why. |
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A medical certificate is a form signed by a qualified medical practitioner (e.g., doctor, nurse). The form does not specify a diagnosis but explains how a claimant's medical condition could impact their ability to proceed with their matter before the
RPD and/or require accommodations. |
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The “Minister” means either the Minister of Immigration, Refugees and Citizenship or the Minister of Public Safety. If either Minister intervenes in your claim, he or she will be represented by a person called a hearings officer, also called a Minister's counsel, who works for
IRCC or
CBSA. The Minister may produce evidence, question witnesses, including the claimant and/or make representations for the member to consider. The Minister's counsel does not decide your claim; the
RPD member is always the decision-maker for refugee claims in Canada. |
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“Minor” is a legal term for a person under the age of 18 years. There are different requirements for minors and adults in legal proceedings. The
Immigration and Refugee Protection Act requires the
RPD to appoint a designated representative for all minors as early as possible.
See
Chairperson's Guideline 3: Proceedings Involving Minors at the Immigration and Refugee Board |
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My Case is a secure, online portal for viewing case information on active cases before the
IRB. The
IRB website provides information on how to register for a My Case account. Currently, My Case is only available to counsel. |
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National Documentation Package(s)
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National Documentation Packages (NDPs) are lists of public documents that provide information on country conditions.
NDP's can be found at
National Documentation Packages - Immigration and Refugee Board of Canada (irb-cisr.gc.ca).
NDPs are considered as evidence in every refugee claim. |
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A “party” refers to the refugee claimant or the Minister, if the Minister is intervening in a claim. |
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”Personal documents” refers to evidence that is specific to an individual claimant. Some examples are:
- identity documents
- proof of membership in political organizations
- medical reports
- psychological reports
- police documents
- business records
- news articles
- visas and travel documents
- social media
- letters or affidavits from people who have information about the claim, such as people who witnessed the events
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A port of entry is an official entry point into Canada (e.g., an airport, seaport, or a place designated at the Canada-United States border) where you are required to provide identification and answer questions. |
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The
RPD issues practice notices to provide information to parties and their counsel about
RPD processes and to set out steps that parties and the
RPD should follow in certain situations. |
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A proceeding before the
RPD includes a case conference, an application, or a hearing. |
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The
RPD File number is found on your correspondence with the
RPD. The
RPD uses a tracking number to collect and organize everything related to your case. You can contact the Registry to find out your
RPD File Number, if you do not already have it. |
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After a member makes a decision on your claim for refugee protection, the
RPD will send you a written Notice of Decision which states the member's decision on your claim. The Notice of Decision will be accompanied by reasons for that decision. The
RPD also sends a copy to
IRCC and the
CBSA. |
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A referring officer means the officer of the
CBSA or
IRCC who reviews your claim and decides if it is eligible to be referred to the
RPD. The officer does not decide if your claim can be accepted, only if it should be referred to the
RPD. The
RPD decides if a claim should be accepted. |
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Refugee protection is granted to people who face certain risks if they return to their country of citizenship or former residence. If refugee protection is granted, the person cannot be returned to their country. To be granted refugee protection, you must demonstrate that you meet the definition of “Convention refugee” or “person in need of protection.” More information about the criteria can be found on the
IRB website. You can also talk to your counsel, if you have one, to help you understand the definitions. |
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To repeal a practice notice means that it is cancelled or is otherwise no longer in effect, and it is replaced with a new practice notice that parties must follow. |
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Representative not receiving a fee (“representative without a fee”)
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A family member, friend, or other volunteer can help you with your claim, but is not allowed to charge any money or fees – this person is called a “representative without a fee”.
If your counsel is charging you a fee or receiving other payment, they must be a member in good standing of a provincial law society (lawyers and paralegals, in a province that allows paralegals to be members of the law society), of the Chambre des notaires du Québec, or of the College of Immigration and Citizenship Consultants.
If you do not have counsel, the presiding member can answer questions about the hearing process at the beginning of your hearing. You should also attend one of the “Ready Tours” offered by the
RPD to learn about our process. |
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A refugee hearing usually starts and finishes on the same day, which is called one "sitting". If the hearing does not finish and must continue on another day, it is called a “subsequent sitting”. |
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Special hearing (abandonment hearing)
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If you do not submit your
BOC Form on time, the
IRB will hold a special hearing called an abandonment hearing. In this case, the
IRB will send you a notice with details of when and how to attend the abandonment hearing. |
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A statutory declaration is a type of written evidence, similar to an affidavit. A statutory declaration is a statement of facts. The author must sign the statutory declaration to solemnly declare that the contents are true; the signing is done in front of a person authorized by law to administer oaths (e.g., a lawyer or notary public). |
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All evidence must be translated into English or French. When a document is translated, the person who did the translation must sign a declaration indicating their name, the language and dialect (if any) translated, and that the translation is accurate. |
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An unrepresented claimant is a claimant without counsel (sometimes called a self-represented claimant). A claimant may be represented by counsel, but there is no legal requirement that a party before the
IRB be represented by legal counsel. |
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Waiver (removal) of requirement to provide an affidavit or statutory declaration with applications, responses, and replies
unless directed by the
RPD
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A member may require that a party provide supporting evidence set out in an affidavit or statutory declaration in some situations, such as if a party requests a long postponement of a hearing. You will be notified if this is the case, either verbally at the hearing or in writing. |
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Time limits are calculated using either “working days” or “calendar days”. “Working days” means every day but Saturday, Sunday, and any designated holiday. “Calendar days” means all days of the year. When using working days, all days are counted except those days that the
RPD is closed (weekends and holidays). When using calendar days, all days are counted. No days are excluded. |