Verification by Affidavit or by Witnessed Statement

Marginal note:Verification of contents
  •  (1) If the Agency considers it just and reasonable, the Agency may, by notice, require that a person provide verification of the contents of all or any part of a document by affidavit or by witnessed statement.

  • Marginal note:Filing of verification

    (2) The verification by affidavit or by witnessed statement must be filed within five business days after the date of the notice referred to in subsection (1) and must include the information referred to in Schedule 2 or Schedule 3, respectively.

  • Marginal note:Failure to file verification

    (3) The Agency may strike the document or the part of the document in question from the Agency’s record if the person fails to file the verification.

Representation and Change of Contact Information

Marginal note:Representative not a member of the bar

 A person that is represented in a dispute proceeding by a person that is not a member of the bar of a province must authorize that person to act on their behalf by filing the information referred to in Schedule 4.

Marginal note:Change of contact information

 A person must, if the contact information they provided to the Agency changes during the course of a dispute proceeding, provide their new contact information to the Agency and the parties without delay.

Pleadings

Application

Marginal note:Filing of application
  •  (1) Any application filed with the Agency must include the information referred to in Schedule 5.

  • Marginal note:Application complete

    (2) If the application is complete, the parties are notified in writing that the application has been accepted.

  • Marginal note:Incomplete application

    (3) If the application is incomplete, the applicant is notified in writing and the applicant must provide the missing information within 20 business days after the date of the notice.

  • Marginal note:Closure of file

    (4) If the applicant fails to provide the missing information within the time limit, the file is closed.

  • Marginal note:New application

    (5) An applicant whose file is closed may file a new application in respect of the same matter.

Answer

Marginal note:Filing of answer

 A respondent may file an answer to the application. The answer must be filed within 15 business days after the date of the notice indicating that the application has been accepted and must include the information referred to in Schedule 6.

Reply

Marginal note:Filing of reply
  •  (1) An applicant may file a reply to the answer. The reply must be filed within five business days after the day on which they receive a copy of the answer and must include the information referred to in Schedule 7.

  • Marginal note:No new issues

    (2) The reply must not raise issues or arguments that are not addressed in the answer or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.

Intervention

Marginal note:Filing of intervention
  •  (1) An intervener may file an intervention. The intervention must be filed within five business days after the day on which their request to intervene is granted by the Agency and must include the information referred to in Schedule 8.

  • Marginal note:Participation rights

    (2) An intervener’s participation is limited to the participation rights granted by the Agency.

Marginal note:Response to intervention

 An applicant or a respondent that is adverse in interest to an intervener may file a response to the intervention. The response must be filed within five business days after the day on which they receive a copy of the intervention and must include the information referred to in Schedule 9.

Position Statement

Marginal note:Filing of position statement
  •  (1) An interested person may file a position statement. The position statement must be filed before the close of pleadings and must include the information referred to in Schedule 10.

  • Marginal note:No participation rights

    (2) A person that files a position statement has no participation rights and is not entitled to receive any notice in the dispute proceeding.

Written Questions and Production of Documents

Marginal note:Notice
  •  (1) A party may, by notice, request that any party that is adverse in interest respond to written questions that relate to the matter in dispute or produce documents that are in their possession or control and that relate to the matter in dispute. The notice must include the information referred to in Schedule 11 and must be filed

    • (a) in the case of written questions, before the close of pleadings; and

    • (b) in the case of the production of documents, within five business days after the day on which the party becomes aware of the documents or before the close of pleadings, whichever is earlier.

  • Marginal note:Response to notice

    (2) The party to which a notice has been given must, within five business days after the day on which they receive a copy of the notice, file a complete response to each question or the requested documents, as the case may be, accompanied by the information referred to in Schedule 12.

  • Marginal note:Objection

    (3) If a party wishes to object to a question or to producing a document, that party must, within the time limit set out in subsection (2), file an objection that includes

    • (a) a clear and concise explanation of the reasons for the objection including, as applicable, the relevance of the information or document requested and their availability for production;

    • (b) any document that is relevant in explaining or supporting the objection; and

    • (c) any other information or document that is in the party’s possession or control and that would be of assistance to the party making the request.

Expedited Process

Marginal note:Decision to apply expedited process
  •  (1) The Agency may, at the request of a party under section 28, decide that an expedited process applies to an answer under section 19 and a reply under section 20 or to any request filed under these Rules.

  • Marginal note:Time limits for filing — answer and reply

    (2) If an expedited process applies to an answer under section 19 and a reply under section 20, the following time limits apply:

    • (a) the answer must be filed within five business days after the date of the notice indicating that the application has been accepted; and

    • (b) the reply must be filed within three business days after the day on which the applicant receives a copy of the answer.

  • Marginal note:Time limits for filing — request

    (3) If an expedited process applies to a request filed under these Rules, the following time limits apply:

    • (a) any response to a request must be filed within two business days after the day on which the person who is responding to the request receives a copy of the request; and

    • (b) any reply to a response must be filed within one business day after the day on which the person who is replying to the response receives a copy of the response.

Close of Pleadings

Marginal note:Normal process
  •  (1) Subject to subsection (2), pleadings are closed

    • (a) if no answer is filed, 20 business days after the date of the notice indicating that the application has been accepted;

    • (b) if an answer is filed and no additional documents are filed after that answer, 25 business days after the date of the notice indicating that the application has been accepted; or

    • (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.

  • Marginal note:Expedited process

    (2) Under the expedited process, pleadings are closed

    • (a) if no answer is filed, seven business days after the date of the notice indicating that the application has been accepted;

    • (b) if an answer is filed and no additional documents are filed after that answer, 10 business days after the date of the notice indicating that the application has been accepted; or

    • (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.

 
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