Canada Industrial Relations Board Regulations, 2012 (SOR/2001-520)

25. [Repealed, SOR/2012-305, s. 14]

26. [Repealed, SOR/2011-109, s. 15]

• 27. (1) A party that intends to present evidence must file with the Board six copies or such other number as the Board may specify of the following:

  • (a) all documents on which the party intends to rely as evidence, including any documents filed with the application, response or reply, as the case may be, in one or more tabbed books; and

  • (b) a list of witnesses expected to be called that includes their names and occupations, along with a summary of the information that is expected to be provided on issues raised in the application, response or reply.

• (2) The documents referred to in subsection (1) must be filed

  • (a) no later than ten days before the scheduled date of the hearing, in the case of the applicant; or

  • (b) no later than eight days before that date, in the case of the respondent and the intervenor.

• (3) The documents and information referred to in subsection (1) must be served on all other parties in the applicable time limit as set out in subsection (2).

• (4) If a party does not comply with subsection (1), (2) or (3), the Board may refuse to consider any document or hear any witness tendered by the party at the hearing.

• (5) The Board may require that the party submit to the Board the written authorities and submissions on which the party intends to rely in advance of the hearing.

28. Subject to the provisions of subsection 15(2) respecting an expedited process, the Board must give not less than 15 days notice of a hearing to the parties, unless the parties consent to a shorter notice.

• 29. (1) In addition to adjourning or postponing a hearing under paragraph 16(l) of the Code, the Board may cancel a hearing.

• (2) If a proceeding has been adjourned without the fixing of a day for a further hearing, the Board shall give notice to the parties upon expiry of six months from the date of adjournment, that the proceedings will be deemed to be withdrawn at the expiry of 15 days after receipt of the notice.

• (3) A party may request that a proceeding be resumed by providing written reasons to the Board for the request within 15 days after receipt of the notice.

29.1 If a matter has been dormant for more than 12 months, the Board may send a notice to all of the parties requiring them to show cause why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn.