Rules of Procedure for Hearings Before the Military Police Complaints Commission

SOR/2002-241

NATIONAL DEFENCE ACT

Registration 2002-06-17

Rules of Procedure for Hearings Before the Military Police Complaints Commission

The Chairperson of the Military Police Complaints Commission, pursuant to section 250.15Footnote a of the National Defence Act, hereby makes the annexed Rules of Procedure for Hearings Before the Military Police Complaints Commission.

Ottawa, Ontario, June 14, 2002

Interpretation

 The following definitions apply in these Rules.

Act

Act means the National Defence Act. (Loi)

Complaints Commission

Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1) of the National Defence Act. (Commission)

document

document means any information, regardless of its form, and includes, without limiting the generality of the foregoing, any correspondence, note, book, plan, map, drawing, photograph, film, microfiche, tape or computerized or sound recording, or any reproduction of that information. (document)

intervenor

intervenor means a person who is authorized by the Complaints Commission to intervene at a hearing. (intervenant)

party

party means a complainant, a person who is the subject of a complaint or an intervenor. (partie)

Application

 These Rules apply to hearings conducted under section 250.38 of the Act in the context of a conduct complaint or an interference complaint.

Suspension of Rules and Change of Time Limits

 The Complaints Commission may, at the written request of a party or on its own initiative, suspend in whole or in part any of these Rules and extend or abridge a time limit in which an act is to be done and shall inform the parties of any such decision.

Holidays

 If a time limit set out under these Rules falls on a Saturday or on a Sunday or other holiday as defined in the Interpretation Act, the time limit is extended to the next working day.

Non-compliance with Rules or Orders of the Complaints Commission

 If a party has not complied with these Rules or any order of the Complaints Commission, the Complaints Commission may stay the proceeding in whole or in part until the Rules or order have been complied with or take any other step that the Complaints Commission considers fair and reasonable.

Rulings on Procedure

 If a question that is not provided for in these Rules arises in the course of a proceeding, the Complaints Commission may take the steps it deems necessary to deal with the question informally and expeditiously under section 250.14 of the Act.

Questions to Be Determined

 At any time during a proceeding, the Complaints Commission may determine any question with respect to jurisdiction or practice and procedure. The Complaints Commission may stay the proceeding in whole or in part until after the question is determined.

 At any time during a proceeding, the Complaints Commission may, in accordance with the Federal Courts Act, refer any question of law, of jurisdiction or of practice and procedure to the Federal Court. The Complaints Commission may stay the proceeding in whole or in part until after the question is determined.

  • 2002, c. 8, ss. 182, 183.

Consolidation or Severance of Complaints

 The Complaints Commission may, at the written request of a party or on its own initiative, order that a single hearing deal with a number of complaints or that separate hearings be held.

Counsel

 The responsibilities of counsel appointed or engaged by the Complaints Commission under section 250.13 of the Act to assist it in its work include, unless the Complaints Commission decides otherwise, the following:

  • (a) to advise the parties on the procedure of the hearing;

  • (b) to examine all witnesses in accordance with section 37; and

  • (c) to provide, when the Complaints Commission determines it necessary, the Complaints Commission with a summary of the evidence presented at the hearing and a summary of the law.

Change of Address or Numbers

 A party shall, without delay, advise the Complaints Commission and the other parties in writing of any change of address, telephone number, facsimile number or electronic mail address.

Documents

 Any document that a party wishes to submit in respect of a hearing shall, at least 14 days before the hearing, be filed with the Complaints Commission and served on all parties to the hearing.

Service of Documents

  •  (1) Any document other than a summons shall be served by

    • (a) personal service;

    • (b) registered mail or courier, with an acknowledgment of receipt; or

    • (c) facsimile transmission or electronic mail, with proof of transmission.

  • (2) A summons shall be served by

    • (a) personal service; or

    • (b) registered mail or courier, with an acknowledgment of receipt.

  • (3) If service cannot be made in accordance with subsection (1) or (2), service shall be made by the publication of a notice, twice in seven days in a daily newspaper circulated in the place of the latest known residence of the person being served. The notice shall set out the contents of the document to be served and state that the document is filed with the Complaints Commission.

 Personal service is effected

  • (a) in the case of minor who is less than 16 years of age, by leaving a copy of the document with the minor’s father, mother or other person who is legally responsible for the minor;

  • (b) in the case of a minor who is at least 16 years of age, by leaving a copy of the document with the minor and, if the minor resides with their father, mother or other person who is legally responsible for them, by leaving another copy of the document with the father, the mother or that other person; and

  • (c) in the case of any other person, by leaving a copy of the document with the person being served or with an authorized representative of the person or with another person who appears to be at least 18 years of age and who

    • (i) resides at the same residence as the person being served, or

    • (ii) is employed at the same place of employment as the person being served.

 A document is considered to have been served

  • (a) in the case of personal service, on the day on which it is left with the person being served or the person authorized to accept service on their behalf;

  • (b) in the case of registered mail or courier, on the date that appears on the acknowledgement of receipt;

  • (c) in the case of service by facsimile transmission or electronic mail, on the date that appears on the proof of transmission; and

  • (d) in the case of service by newspaper publication, on the day after the second day on which the notice was last published.

 A person who serves a document on another person shall, as proof of service, file with the Complaints Commission an affidavit together with any documentation that indicates the method of service.

Filing of Documents

 A document shall be filed in one of the following ways:

  • (a) by handing the document and two copies of it to the registrar of the Complaints Commission;

  • (b) by sending the document and two copies of it to the registrar of the Complaints Commission by ordinary mail, registered mail or courier; or

  • (c) by sending a copy of the document to the registrar of the Complaints Commission by facsimile transmission or electronic mail.

 The day on which a document is filed with the Complaints Commission is the day on which the document is received by the Complaints Commission, except that a document received after five o’clock in the afternoon on a business day is deemed to be filed on the next business day.

Production of Documents, Things or Information

  •  (1) A party may request, in writing, within 14 days after receiving the notice of hearing, another party to

    • (a) produce any document or thing that is under the other party’s control; or

    • (b) provide in writing any information that is under the other party’s control.

  • (2) In the case of a request for information, each item of information that is requested shall be numbered consecutively.

  • (3) The request shall be served on the party to whom the request is addressed and a copy shall be served on the other parties and filed with the Complaints Commission.

 A party who receives a request for production shall, within seven days after receiving the request,

  • (a) in the case of a party who agrees to comply with the request, serve a copy of the document or information on the other parties and file a copy of it with the Complaints Commission and, in the case of a thing, allow the other parties access to it;

  • (b) in the case of a party who is unable to comply with the request within the required time, serve on the other parties and file with the Complaints Commission written reasons for the inability to comply and indicate the additional time required to comply; or

  • (c) in the case of a party who is unable or refuses to comply with the request, serve on the other parties and file with the Complaints Commission written reasons for the inability or the refusal to comply.

 
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