The Complaints Commission may, at the request of the party who made the request under section 19 or on its own initiative, order the production of the requested document, thing or information that the Complaints Commission considers necessary to the full investigation and consideration of matters before it.

 A party who fails to comply with a request for production and who has not been the subject of an order of the Complaints Commission under section 21 may not put the document, thing or information in evidence unless authorized by the Complaints Commission.

 A party whose request for production under section 19 has not been complied with may, with the authorization of the Complaints Commission, introduce secondary evidence of the document, thing or information.

Intervention

  •  (1) A person who intends to satisfy the Complaints Commission that the person has a substantial and direct interest in a hearing shall file with the Complaints Commission, within 14 days after the day on which the notice of hearing is issued,

    • (a) a notice of motion to intervene, dated and signed by the person making the motion or that person’s counsel;

    • (b) an affidavit, and any supporting documents, setting out the facts on which the motion is based.

  • (2) A notice of motion to intervene shall set out

    • (a) the style of cause of the proceeding in which the moving person seeks to intervene;

    • (b) the name and address of the moving person or the moving person’s counsel;

    • (c) a concise statement of the nature of the moving person’s interest in the hearing;

    • (d) a statement of the reasons why the intervention is necessary; and

    • (e) the official language the moving person intends to use during the motion.

  • (3) The person seeking the authorization to intervene shall serve a copy of the notice of motion to intervene and the affidavit and any supporting documentation on the parties without delay after the documents are filed with the Complaints Commission.

 A party who has been served with a copy of the notice of motion to intervene may, within seven days after the service, file with the Complaints Commission and serve on the other parties and the person seeking the authorization to intervene a response to the motion, dealing with the matters raised in the motion and stating whether the party intends to oppose the motion and, if so, on what grounds.

 The Complaints Commission shall serve on the person seeking the authorization to intervene and the parties its decision with respect to a motion to intervene.

 If a motion to intervene is granted, the parties shall serve on the intervenor a copy of each of the documents filed by them before the granting of the motion.

 The Complaints Commission shall serve on the intervenor a written notice specifying the date, time and place of the hearing.

Preliminary Motions

 Any party may, in writing at least 14 days before the date scheduled for the hearing, submit any preliminary issues or questions to the Complaints Commission by way of notice of motion. The Complaints Commission may hear oral arguments from the parties if the Complaints Commission determines it necessary.

Pre-hearing Conference

 The Complaints Commission may order that the parties appear before the Complaints Commission or one of its members, before the hearing, to consider

  • (a) the clarification and simplification of issues;

  • (b) the admission of particular facts or information;

  • (c) the procedure relating to

    • (i) requests for and the exchange of documents, things or information,

    • (ii) any preliminary motions, or

    • (iii) the hearing;

  • (d) whether the hearing should be held in private in whole or in part; or

  • (e) any other matter related to the conduct of the hearing.

 The Complaints Commission shall keep minutes of the pre-hearing conference, including any decisions made or agreements reached, and shall deliver a copy of the minutes to the parties.

 All decisions made or agreements reached at the pre-hearing conference bind the parties during the hearing.

Summons

  •  (1) The Complaints Commission may, at the request of a party made at least 14 days before the witness is required to appear or on its own initiative, in accordance with section 250.41 of the Act, summon a witness and compel them to testify and to produce documents or things under their control that the Complaints Commission considers necessary to the full investigation and consideration of matters before it.

  • (2) The request for a summons shall include

    • (a) the name and address of the witness;

    • (b) the witness’s chosen official language; and

    • (c) a summary of the reasons why the witness should be summoned.

  • (3) If the Complaints Commission decides to summon a witness, the summons shall be substantially in the form set out in Schedule 1, sealed with the Complaints Commission’s seal and served by the Complaints Commission on the witness.

Expert Witnesses

 A copy of an expert witness’s report shall, at least 14 days before the expert witness’s appearance, be filed with the Complaints Commission and served on the other parties. The report shall be signed by the expert witness and shall

  • (a) include the name, address, title and qualifications of the expert witness; and

  • (b) contain a brief summary of the substance of the expert witness’s proposed testimony, including their observations, test results if applicable, conclusions and, in the case of a physician, a diagnosis and prognosis.

Testimony

 All testimony before the Complaints Commission shall be given under oath or solemn affirmation.

Exclusion of Witnesses

  •  (1) The Complaints Commission may, at the request of a party or on its own initiative, order that witnesses be excluded from the hearing until they are called to testify.

  • (2) No person shall communicate to a witness who has been excluded from the hearing any evidence or testimony that is given during the course of a hearing until after the witness has testified.

Examining Witnesses

  •  (1) Unless the Complaints Commission orders otherwise, the examination of the witnesses shall be as follows:

    • (a) examination by the counsel for the Complaints Commission;

    • (b) cross-examination by the parties; and

    • (c) as required, re-examination by the counsel for the Complaints Commission.

  • (2) In the absence of an agreement between the parties, the Complaints Commission shall determine the order in which the parties are entitled to cross-examine witnesses.

Adjournment

 The Complaints Commission may adjourn a hearing at the request of a party or on its own initiative.

Motions

  •  (1) Unless otherwise provided for in these Rules, at any time during the proceedings, a question may be brought before the Complaints Commission by written notice of motion or orally in the course of a hearing.

  • (2) A notice of motion shall clearly state the facts, the grounds for the motion and the order sought.

  • (3) A notice of motion in writing shall

    • (a) be accompanied by an affidavit that sets out the facts on which the motion is based; and

    • (b) be filed with the Complaints Commission and served on the parties.

  • (4) After considering any submissions of the parties, the Complaints Commission may render its decision orally or in writing and, if in writing, shall serve a copy of the decision on the parties.

Electronic Communication

 The Complaints Commission may order that a proceeding be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

Recording

 The Complaints Commission shall record, by any appropriate means, all testimony and representations made at the hearing.

Hearings in Private

 If the Complaints Commission directs that a hearing in whole or in part is to be held in private in accordance with section 250.42 of the Act, the persons who may attend the hearing are

  • (a) the Complaints Commission personnel who are necessary to assist in the hearing; and

  • (b) each other person who files a completed declaration and undertaking substantially in the form set out in Schedule 2 and who

    • (i) is a party or their counsel,

    • (ii) is an expert, counsel or other person whose services have been retained by the Complaints Commission in the course of the hearing and whom the Complaints Commission determines should be present to assist the Complaints Commission in its work, or

    • (iii) is designated by the Complaints Commission.

 
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