NFPMC General Rules of Procedure (SOR/82-641)

Regulations are current to 2016-05-12

Notice of Application

  •  (1) Except where the Council directs that an application may be heard and determined ex parte or makes an expedited proceedings order, the Council shall, as soon as possible after the filing of an application, set the application down for hearing.

  • (2) Where an application has been set down for hearing, the Secretary shall forthwith notify the applicant of the time and place fixed for the hearing and shall by such notice, indicate the persons to whom and the time within which notice of the application shall be given.

  • (3) The Secretary shall cause the notice referred to in subsection (2) to be published in accordance with subsection 8(2).

Complaints and Representations

  •  (1) A person who is directly affected by the operations of the agency may make a complaint or representation to the Council in relation to those operations.

  • (2) Where a complaint or representation made pursuant to subsection (1) is not directed to any application, the person making the complaint or representation may do so by delivering to the Secretary a brief written submission signed by him setting out the nature of his complaint or representation.

 Where the Council determines that a complaint or representation made pursuant to section 12 constitutes an application, a submission or an intervention, it may require the person who made the complaint or representation to comply with the procedure relating to applications, submissions, or interventions, as the case may be.

 Where, on the basis of a complaint or representation, the Council is satisfied that it is in the public interest to hold a hearing, the Secretary shall notify the person who made the complaint or representation to which the hearing relates and the person against whom it is made of the date and place of the hearing.

 Where a complaint or representation is made on behalf of a group of persons, the person representing the group at a hearing shall file such evidence of his authority to speak for the group as the Council may require.

Reply, Interventions or Submissions

  •  (1) Where a respondent or an intervener intends to oppose or intervene in a proceeding, or wishes to make submissions where there is no application, and a hearing is to be convened by Council under subsection 8(2) of the Act, the respondent or intervener shall file with the Secretary, within the time specified in the notice for filing a reply, intervention or submission, a written statement containing his reply or submission, together with any supporting information or documents.

  • (2) Every reply, intervention or submission referred to in subsection (1) shall be signed by the party making the reply, intervention or submission or by his agent, and

    • (a) shall contain a concise statement of the facts from which the nature of the respondent’s or intervener’s interest in the proceeding may be determined;

    • (b) may admit or deny any or all of the facts alleged by any other party in the proceeding;

    • (c) shall be divided into consecutively numbered paragraphs each of which shall be confined as nearly as possible to a distinct subject-matter;

    • (d) shall set out the name, address and telephone number of the respondent or intervener and his agent, if any;

    • (e) shall be signed by the respondent or intervener or his agent;

    • (f) shall, where it is signed by the agent of the respondent or intervener, be accompanied by a copy of the document that authorizes the agent to act on behalf of the respondent or intervener;

    • (g) shall contain a list of any documents that explain or support the reply, intervention or submission;

    • (h) shall state whether the intervener or respondent wishes to appear; and

    • (i) shall be filed in triplicate with the Secretary together with a copy of the documents listed in paragraph (g).

  • (3) A respondent or an intervener shall serve a copy of his intervention or submission on such persons as the Council may specify.

 A reply, intervention or submission shall be filed with the Secretary and served on the parties at least 20 days before the day fixed for the commencement of a hearing as set out in the notice thereof published pursuant to subsection 8(2) unless such notice of the Council otherwise directs.

 Where a person who intends to reply to an intervention or submission fails to file his reply with the Secretary within the time specified in section 17 or the notice thereof, as the case may be, the hearing may commence and be determined without further notice to that person.

Reply to Interventions

 The Council may, at any time prior to the termination of a proceeding, serve a true copy of a reply, intervention or submission on the parties.

  •  (1) Within 10 days after a party is served with a copy of any reply, intervention or submission, that party may mail or deliver to the Secretary a reply thereto.

  • (2) Where a reply referred to in subsection (1) is not mailed or delivered within the time specified in that subsection, the Secretary may refuse to accept it.

  •  (1) A party in a reply referred to in section 20 may object to any application, reply, intervention or submission, stating the grounds of his objection and may admit or deny any or all the facts alleged in the document.

  • (2) A reply shall be signed by the party or his solicitor and, where it is signed by his agent, it shall be accompanied by a copy of the document that authorizes the agent to act on behalf of the party.

Service and Filing

  •  (1) Subject to subsection (2), service of any notice or other document shall be by personal service, in which case service shall be on the date of delivery, or by mail, in which case the date of service shall be the date the notice or other document is deposited in a post office.

  • (2) Proof of service by affidavit shall, at the request of the Council, be filed with the Secretary in respect of any document required to be served.

  • (3) Documents to be served on the Council may be personally served at its offices in the National Capital Region described in the schedule to the National Capital Act.

Verification by Affidavit, Proof of Notice

  •  (1) The Council may at any time require the whole or any part of any application, reply, intervention or submission filed with the Secretary to be supported by affidavit or require proof of the fact that notice of or a copy of any such application, reply, intervention or submission has been given or sent in the manner required by these Rules, by giving notice to that effect to the person by or on behalf of whom the application, reply, intervention or submission was filed.

  • (2) Where a person who has been notified in accordance with subsection (1) fails to comply with the terms of the notice, the Council may set aside the application, reply, intervention or submission or any part thereof that is not supported or proved in accordance with the notice.

  • (3) Where in any case an affidavit referred to in subsection (1) is made as to belief, the grounds on which the belief is based shall be stated in the affidavit.

Amendment

  •  (1) The Council may, at any time, allow the whole or any part of any application, reply, intervention or submission filed with the Secretary to be amended on such terms and conditions, including conditions as to notice, as the Council considers appropriate in the circumstances, and the Council may order to be amended or struck out any matter that, in its opinion, may prejudice, embarrass or delay a fair hearing of the case on its merits.

  • (2) The Council may order amendments to any application, reply, intervention or submission filed with the Secretary as may be necessary for the purpose of hearing and determining the question in issue between the parties.

  • (3) No proceeding shall be defeated by any objections based solely on defects in form.

Summons, Subpoenas and Audits

  •  (1) The Council may, at any time, add a party to the proceedings before it.

  • (2) The Council may summon or subpoena a person to testify under oath or to produce any document or thing relevant to the proceedings.

  • (3) A summons and subpoena shall be in the forms set out in Schedules I and II respectively, and shall be signed by the chairman of the Council or the Secretary.

  • (4) A summons or subpoena may be served and shall have effect anywhere in Canada.

 The Council may appoint a person to take evidence and report to the Council.

Stay of Proceedings

  •  (1) Where in a proceeding before the Council any order has been made under these Rules or under any other rule or any direction, order or regulation of the Council or under the Act requiring a person to furnish information or documents, the Council may order a stay of proceedings therein until such time as the information or documents so required have been filed with the Secretary.

  • (2) Where the Council directs an inquiry to be made into any matter relating to an application or complaint, the Secretary shall give such notice thereof to the parties in the proceeding as Council may designate and the Council may order a stay of proceedings therein for such time as the Council deems appropriate in the circumstances.

Settlement of Issues and Preliminary Questions of Law

 Where it appears to the Council that any statement or information contained in any application, reply, intervention or submission does not sufficiently disclose the issues of fact in dispute, or to be defined, between the parties in the proceeding, the Council may direct the parties to prepare an issue, and such issue shall, if the parties do not agree to the issues of fact in dispute, or to be defined, between them, be settled by the Council either before the hearing to be held in respect of that application or during the course of the hearing.

 
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