Disposition of Application If No Oral Hearing
Marginal note:As soon as practicable
47. If no oral hearing is held into an application, the Agency shall, as soon as practicable after the close of pleadings, dispose of the application on the basis of the documentation before it.
RULES APPLICABLE TO THE CONDUCT OF ORAL HEARINGS
Definition of “hearing panel”
48. For the purposes of this Part, “hearing panel” means a panel of members of the Agency constituted by the Chairman for the purpose of holding an oral hearing into a particular matter.
Application of this Part
49. (1) This Part applies in respect of the conduct of oral hearings before a hearing panel.
Marginal note:Non-application of period in Part 1
(2) The five day period prescribed in subsection 23(9) for filing a reply does not apply to a party claiming confidentiality in respect of a document filed during an oral hearing.
Notice of Oral Hearing
Marginal note:Contents of notice
50. If an oral hearing is to be held in relation to an application, the Agency shall notify the parties of the date, time and location of the hearing at least 15 days before its commencement.
Service and Filing of Documents
Marginal note:Application of certain provisions
51. Subsections 11(2) and (4) are the only provisions of section 11 that apply in respect of the filing and service of documents during an oral hearing.
Marginal note:Notice to Secretary
52. A party who requires the services of an interpreter at an oral hearing, or who requires special arrangements for the hearing, shall advise the Secretary of their requirements as soon as possible, but not later than the date specified in the notice of oral hearing.
Appearance at Oral Hearing
Marginal note:When failure to appear
53. An oral hearing may proceed even though a party fails to appear before the hearing panel.
Issues Not Raised in Pleadings
Marginal note:Prohibition except if leave given
54. A party who does not raise an issue in their pleadings shall not raise the issue at an oral hearing except with leave of the hearing panel.
Marginal note:Evidence by affidavit
55. Despite section 60, the hearing panel may, at any time during an oral hearing, and subject to any conditions imposed by it, order that
(a) evidence of certain facts be given by affidavit and read at the oral hearing; and
(b) any deponent of an affidavit be examined in accordance with section 34, before a commissioner of oaths or another person who is authorized to administer oaths or affirmations and who is appointed by the Agency for that purpose.
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