Public Servants Disclosure Protection Tribunal Rules of Procedure (SOR/2011-170)

Regulations are current to 2013-04-29

Public Servants Disclosure Protection Tribunal Rules of Procedure

SOR/2011-170

PUBLIC SERVANTS DISCLOSURE PROTECTION ACT

Registration 2011-08-30

Public Servants Disclosure Protection Tribunal Rules of Procedure

Whereas, pursuant to subsection 21(4)Footnote a of the Public Servants Disclosure Protection ActFootnote b, a copy of the proposed Public Servants Disclosure Protection Tribunal Rules of Procedure, substantially in the annexed form, was published in the Canada Gazette, Part I, on May 21, 2011 and interested persons were given a reasonable opportunity to make representations with respect to the proposed Rules;

And whereas, pursuant to subsection 21(3)Footnote a of that Act, the Chairperson of the Public Servants Disclosure Protection Tribunal has consulted with the Royal Canadian Mounted Police and has ensured that the proposed Rules take that organization’s security and confidentiality needs into account;

Therefore, the Chairperson of the Tribunal, pursuant to subsection 21(2)Footnote a of the Public Servants Disclosure Protection ActFootnote b, hereby makes the annexed Public Servants Disclosure Protection Tribunal Rules of Procedure.

Ottawa, August 29, 2011

LUC MARTINEAU
Chairperson of the Public Servants
Disclosure Protection Tribunal

INTERPRETATION

Marginal note:Definitions

1. The following definitions apply in these Rules.

“Act”

« Loi »

“Act” means the Public Servants Disclosure Protection Act.

“file”

« déposer »

“file” means to file with the registrar.

“interested person”

« intervenant »

“interested person” means a person that is added to the proceedings in accordance with these Rules.

“registrar”

« registraire »

“registrar” means the registrar of the Tribunal referred to in subsection 20.8(2) of the Act.

GENERAL

Marginal note:Liberal interpretation

2. These Rules must be liberally interpreted, with the aim of ensuring that the proceedings are conducted informally and expeditiously and that the rights of the parties set out in subsection 21.6(1) of the Act are respected.

Marginal note:Dispensing with or varying Rules

3. The Tribunal may vary a Rule, or dispense with compliance with a Rule, if doing so advances the aims set out in Rule 2.

Marginal note:Time limits

4. If a time limit under these Rules or under an order of the Tribunal ends on a Saturday, or a holiday as defined in subsection 35(1) of the Interpretation Act, it is extended to end on the next day that is not a Saturday or a holiday.

APPLICATION BY THE COMMISSIONER

Marginal note:Content

5. An application by the Commissioner under subsection 20.4(1) of the Act is made when the application is filed. An application must contain the following information and documents:

  • (a) identification of the orders referred to in paragraphs 20.4(1)(a) and (b) of the Act that the Commissioner is seeking in the event that the Tribunal determines that a reprisal was taken against the complainant;

  • (b) the basis for the Commissioner’s opinion that an application to the Tribunal in relation to the complaint is warranted;

  • (c) a copy of the complaint and a summary of its contents;

  • (d) the name, mailing address, telephone number, fax number and email address of each party to the proceedings and of their representative, if any;

  • (e) the location at which the Commissioner believes the hearing should be conducted;

  • (f) the language in which the Commissioner believes the proceedings should be conducted; and

  • (g) identification of any special arrangements, including interpreters and equipment, that the Commissioner believes will be necessary to conduct the proceedings.