Verification of Evidence
19. The Board may at any time require a person who has filed an application, response, reply, request to intervene or other document with the Board to verify by affidavit the contents of that document within the reasonable time specified by the Board.
Consolidation of Proceedings
20. The Board may order, in respect of two or more proceedings, that they be consolidated, heard together or heard consecutively.
- SOR/2011-109, s. 11(F).
21. (1) A party that seeks disclosure of relevant documents must request in writing the disclosure directly from the other parties before applying to the Board for an order requiring disclosure.
(2) [Repealed, SOR/2012-305, s. 10]
(3) If parties enter into an agreement respecting the disclosure of documents, the Board may order that they file a copy of the agreement with the Board.
(4) and (5) [Repealed, SOR/2011-109, s. 12]
- SOR/2011-109, s. 12;
- SOR/2012-305, s. 10.
Confidentiality of Documents
22. (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.
(2) The Board, on its own initiative or at the request of a party, may declare that a document is confidential.
(3) In determining whether a document is confidential, the Board must consider whether disclosure would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in disclosure.
(4) If the Board declares that a document is confidential, the Board may
(a) order that the document or any part of it not be placed on the public record;
(b) order that a version or any part of the document from which the confidential information has been removed be placed on the public record;
(c) order that any portion of a hearing, including argument, examination or cross-examination, which deals with the confidential document, be conducted in private;
(d) order that the document or any part of it be provided to the parties, or only to their legal counsel or representative, and that the document not be placed on the public record; or
(e) make any other order that it considers appropriate.
- SOR/2012-305, s. 11.
Exchange of Documents
23. Subject to sections 15, 22 and 34, a person who files a document with the Board in respect of a proceeding must, forthwith, serve a copy of that document on all parties and any other person named in any notice that the person has received and inform the Board of the time and manner of service.
24. (1) Any individual who has been authorized by the Board under paragraph 16(k) of the Code may, in relation to a proceeding before the Board, issue a summons requiring an individual to appear, give evidence under oath and produce documents and things.
(2) With the exception of a matter to which the expedited process applies, or with the consent of the Board, the summons referred to in subsection (1) must be served no later than five days before the hearing.
- SOR/2011-109, s. 13;
- SOR/2012-305, s. 12.
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