Personal Service

Marginal note:Personal service

 Personal service of a document must be effected by leaving a copy of the document

  • (a) in the case of service on an individual, with that individual;

  • (b) in the case of service on a partnership, with one of the partners;

  • (c) in the case of service on a corporation, with an officer or director of the corporation;

  • (d) in the case of service on a concerned minister, with the concerned minister or the person apparently in charge of the office; or

  • (e) if counsel has filed a notice of appearance on behalf of a person referred to in any of paragraphs (a) to (d), with counsel.

Address for Service

Marginal note:Address for service

 The address for service for a party is

  • (a) if there is counsel of record for the party, the business address of counsel as shown on the last document filed by counsel;

  • (b) if a party is unrepresented,

    • (i) in the case of a concerned minister, the address of the concerned minister’s office, or

    • (ii) in the case of any other person, the address of the person as shown on the notice of hearing; and

  • (c) if a notice of change of address for service has been filed with the Board, the new address.

Counsel

Marginal note:Notice of appearance
  •  (1) Counsel must file a notice of appearance with the Secretary before representing a party before the Board.

  • Marginal note:Beginning of representation

    (2) A party is represented by counsel before the Board beginning on the date of filing of the notice of appearance.

  • Marginal note:Notice of change of counsel

    (3) A person may change counsel by filing a notice of change of counsel with the Board, together with proof of service of that notice on counsel and on all other parties.

  • Marginal note:Notice of withdrawal of counsel

    (4) Counsel may withdraw from a proceeding by filing with the Board a notice of withdrawal, together with proof of service of that notice on all parties.

  • Marginal note:Any party that is not an individual

    (5) Any party that is not an individual must be represented by counsel in all proceedings.

Filing

Marginal note:Manner of filing
  •  (1) The filing of a document with the Board must be effected

    • (a) by personal service of the document on the Secretary;

    • (b) by delivery of the document by courier or by registered or certified mail to the Secretary; or

    • (c) by transmitting the document electronically to the Secretary.

  • Marginal note:Electronic filing

    (2) Any documents that are filed with the Board electronically must meet the following requirements:

    • (a) the electronic and paper versions of documents must have the same cover page, table of contents and page numbers;

    • (b) the filename of an electronic document must include the name of either the patented medicine or the company if the hearing does not relate to a specific patented medicine, the name of the party filing the document, the title of the document and the date which appears on the document or must meet alternative requirements, if any, set out by the Secretary; and

    • (c) documents must be filed as PDF (Portable Document Format) documents or in any format authorized by the Secretary.

  • Marginal note:Deemed filing date

    (3) The date of receipt marked by the Secretary on a document is deemed to be the date on which the document was filed with the Secretary.

  • Marginal note:Copies

    (4) Three paper copies of any document that is served by a party must be filed with the Secretary. If the document is filed electronically, the three copies must be filed with the Secretary within 48 hours of electronic filing.

  • Marginal note:Confirmation of filing

    (5) On the request of a party or any interested person filing a document with the Secretary, the Secretary must provide the party or interested person with confirmation of that filing.

  • Marginal note:Confidential documents

    (6) If a party files a document with the Board that contains confidential information, it must ensure that “CONFIDENTIAL/CONFIDENTIEL” appears prominently on the cover and pages of the document which contain confidential information.

Notice of Hearing

Marginal note:Signed notice of hearing
  •  (1) Proceedings are initiated by issuance of a notice of hearing signed by the Secretary.

  • Marginal note:Personal service

    (2) A notice of hearing must be served personally on the respondent, all concerned ministers and on any other person that the Board may direct, in accordance with Rule 11.

  • Marginal note:Statement of allegation or notice of application

    (3) A notice of hearing must be accompanied by

    • (a) in the case of an allegation of a patented medicine sold at an excessive price, a statement of allegation set out in consecutively numbered paragraphs containing the material facts, the allegations and the order sought by Board Staff in the proceeding; or

    • (b) in the case of an allegation of a failure to provide information and documents related to a patented medicine, a notice of application set out in consecutively numbered paragraphs containing a statement of the relief sought by Board Staff, the grounds for the relief and the material facts on which Board Staff intends to rely.

Marginal note:Content of notice of hearing
  •  (1) A notice of hearing issued by the Board must

    • (a) specify the date and time of the teleconference referred to in Rule 22;

    • (b) contain a statement of the purpose of the hearing;

    • (c) state that the hearing will be held in public unless, on representations made by a respondent, the Board is satisfied that specific, direct and substantial harm would be caused to the respondent by the disclosure of information or documents relating to the hearing;

    • (d) be accompanied by a schedule of events; and

    • (e) contain any other information that the Board considers appropriate.

  • Marginal note:Public notice

    (2) The Secretary must give public notice of each hearing in the Canada Gazette and in any other manner that the Chairperson may direct.

Record of Proceeding

Marginal note:Contents

 Subject to section 87 and subsection 88(4) of the Act, if the Board issues a notice of hearing, the Secretary must establish a record of the proceeding that includes

  • (a) the notice of hearing;

  • (b) any document filed with the Secretary by a party in relation to the proceeding;

  • (c) any direction, decision, notice or order of the Board in relation to the proceeding;

  • (d) the transcript of any pre-hearing conference;

  • (e) the transcript of the hearing in relation to the proceeding; and

  • (f) any other document or information that is directed by the Board to be placed on the record of the proceeding.

Response

Marginal note:Filing of response
  •  (1) A respondent who wishes to oppose the making of an order sought by Board Staff that is set out in a statement of allegation or in a notice of application must, within 20 days after being served with the notice of hearing, file with the Secretary and serve on all other parties a response that is dated and signed by the respondent.

  • Marginal note:Content of response

    (2) A response must be set out in consecutively numbered paragraphs and must include

    • (a) an admission or denial of each ground or material fact set out in the statement of allegation or notice of application;

    • (b) the grounds on which the proposed order is opposed and the material facts on which the respondent is relying;

    • (c) the name and address of the person on whom service of any document in relation to the proceeding may be effected.

  • Marginal note:No response filed

    (3) If a respondent has not filed a response within the period set out in subsection (1), the Board may, where the Board is satisfied that a copy of the notice of hearing was served on the respondent and where the Board has received any evidence that it required the respondent to provide, make any finding and issue any order that the Board considers appropriate under section 83 of the Act.

 
Date modified: