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

Amendment

• 24 (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

• 25 (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.

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

Stay of Proceedings

• 27 (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

28 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.

• 29 (1) Where it appears to the Council in any proceeding that there is a question of law, jurisdiction, practice or procedure that it would be convenient to have decided before proceeding further with the proceeding, the Council may make a decision on the question.

• (2) The Council may, while making a decision on a question referred to in subsection (1), order the whole or any portion of the proceeding before it to be stayed.

Conference

30 The Council may, in any proceeding, direct orally or in writing the parties or their agents to appear before a member of the Council or the Secretary at a specified time and place for a conference or, in lieu of appearing personally, to make submissions in writing for the purpose of formulating issues and considering

• (a) the simplification of issues;

• (b) the necessity or desirability of amending the application, reply, intervention or submission for the purpose of clarification, amplification or limitation;

• (c) the admission of certain facts or the proof of them by affidavit or the use by any party of documents of a public nature;

• (d) the procedure to be followed at the hearing;

• (e) the mutual exchange between the parties of documents and exhibits proposed to be submitted at the hearing; and

• (f) such other matters as may aid in the simplification of the evidence and the disposition of the proceeding.

Production of Documents

• 31 (1) Any party to a proceeding may, at any time before the hearing commences, give notice in writing to any other party, in whose application, reply, intervention, submission or response to an interrogatory, reference has been made to a document to produce that document for inspection by the party giving the notice or his agent and to permit him or his agent to make copies thereof.

• (2) Any party to a proceeding who fails to comply with a notice given to him pursuant to subsection (1) within 10 days from the receipt thereof shall not thereafter be permitted to put the document referred to in the notice in evidence on his behalf in the proceeding unless the Council directs otherwise or he satisfies the Council that he had sufficient cause for not complying with the notice.

32 Unless otherwise specified in these Rules or by Council, the production and inspection of documents and the attendance of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.

Interrogatories

33 Where in any proceeding the Council permits interrogatories to be directed to a party, such interrogatories shall be

• (a) addressed to that party;

• (b) numbered consecutively;

• (c) identified with a designation in the form of the following example:

  “CCMA (CAC) 15 Jan. 82-103”

  where,

  • (i) the first four letters are an abbreviation or a name, as the case may be, for the party from whom the response is sought,

  • (ii) the letters in parentheses are an abbreviation for the party seeking the response,

  • (iii) the date is the date on which the interrogatory was sent, and

  • (iv) the final number is the number of the particular interrogatory; and

• (d) served within the time limit directed by the Council.

Responses to Interrogatories

• 34 (1) Subject to subsection (2), where in any proceeding the Council permits interrogatories to be directed to a party and interrogatories have been served on the party within the time limit directed by the Council, the party shall,

  • (a) within the time limit directed by the Council, provide a full and adequate response to each interrogatory on a separate page or pages headed with the designation described in section 33 for each interrogatory; and

  • (b) file a copy of the response with the Secretary.

• (2) A party who is unable or unwilling to provide a full and adequate response to an interrogatory shall,

  • (a) where the party contends that the interrogatory is not relevant, provide a response that sets out reasons in support of that contention,

  • (b) where the party contends that the information necessary to provide a response is not available, provide a response that sets out the reasons for the unavailability of such information and provide alternative available information that the party considers would be of assistance to the person directing the interrogatory, or

  • (c) where the party contends that the information sought is of a confidential nature, provide a response that sets out the reasons therefor as required by subsection 35(2),

  and file with the Secretary a copy of the response provided.

Confidentiality

• 35 (1) Where a document is filed with the Council by a party in relation to any proceeding, the Council may place the document on the public record unless the party filing the document asserts a claim of confidentiality at the time of such filing.

• (2) Any claim for confidentiality made in connection with a document filed with the Council or requested by the Council or any party shall be accompanied by the reasons therefor, and, where it is asserted that specific direct harm would be caused to the party claiming confidentiality, sufficient details shall be provided as to the nature and extent of such harm.

• (3) A party claiming confidentiality in connection with a document shall indicate whether he objects to an abridged version of the document on the public record and, if so, shall state his reasons for the objection.

• (4) The Council may place a claim for confidentiality referred to in subsection (2) on the public record and copies of such claim may be provided to such parties to the proceeding as the Council may specify.

• (5) Where a claim for confidentiality is made in connection with a document that has not been filed by a party, the Council may require the party to file the document and, after the document has been filed, the Council shall

  • (a) review the document in confidence; and

  • (b) deal with the document in accordance with subsection (10) or (11), whichever is applicable.

• (6) Any party wishing public disclosure of a document filed with the Council in relation to which there has been a publicized claim for confidentiality may file with the Council

  • (a) a request for such disclosure setting out the reasons therefor, including the public interest in the disclosure of all information relevant to the Council’s supervisory responsibilities; and

  • (b) any material in support of the reasons for public disclosure.

• (7) A copy of a request for public disclosure referred to in subsection (6) shall be served on the party claiming confidentiality and that party may, unless the Council otherwise determines, file a reply with the Council and serve a copy thereof on the party requesting public disclosure.

• (8) Where the Council requests of a party that a document, for which confidentiality has been claimed, be placed on the public record, the party claiming confidentiality shall have 10 days to file a reply, unless the Council otherwise determines.

• (9) The Council may dispose of a claim for confidentiality on the basis of the documentation filed or may, if it considers such procedure to be just and proper,

  • (a) refer the matter to a conference under section 30;

  • (b) require depositions to be taken before a person appointed to conduct an examination under subsection 39(2); or

  • (c) refer the matter to an oral hearing.

• (10) Where the Council is, in respect of the disclosure of a document, of the opinion that, based on all the material before it, no specific direct harm would be likely to result from disclosure, or where any such specific direct harm is shown but is not sufficient to outweigh the public interest in disclosing the document, the document may be placed on the public record.

• (11) Where the Council is of the opinion that, based on all the material before it, the specific direct harm likely to result from public disclosure of a document justifies a claim for confidentiality, the Council, may,

  • (a) order that the document not be placed on the public record;

  • (b) order disclosure of an abridged version of part of the document; or

  • (c) order that the document be disclosed to parties designated by Council at a hearing to be conducted in camera.

Hearing

36 A hearing shall ordinarily be held in the city of Ottawa, but may be held in such other places in Canada as the Council deems necessary or desirable for the proper conduct of its business.

37 A hearing shall proceed from day to day but may be adjourned from time to time by order or with the authority of the Council.

• 38 (1) The Council may direct that, at any hearing, submissions of any party to the hearing may be made in either a partial or complete public forum or in camera.

• (2) Unless otherwise prescribed by these Rules or by Council, in its absolute discretion either before or during a hearing, the attendance and examination of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.

• 39 (1) The witnesses at a hearing shall be examined orally on oath unless otherwise provided by these Rules or ordered by the Council.

• (2) The Council may, at any time, order that,

  • (a) any particular facts be proved by affidavit;

  • (b) the affidavit of any witness be read at a hearing on such terms and conditions as the Council considers reasonable; and

  • (c) a witness whose attendance ought for good and sufficient cause to be dispensed with be examined before

    • (i) an officer of the Council, or

    • (ii) any other person appointed by the Council for that purpose and authorized to administer oaths,

    in the presence of the parties or their agents.

• (3) Where memoranda of evidence have been furnished prior to the commencement of a hearing, the Council may permit the introduction of those memoranda as evidence in chief by a witness who

  • (a) testifies as to his qualifications; and

  • (b) confirms that the memoranda were prepared under his direction or control and are accurate to the best of his knowledge and belief.

• 40 (1) Notice of the time and place fixed for the taking of evidence before a person appointed by the Council and authorized to administer oaths shall contain a summary of the particulars of the order given in the manner prescribed by the Council under section 39.

• (2) Evidence taken before a person referred to in subsection (1) shall be confined to the subject-matter in question and any objections to the admission of evidence shall be noted by that person and dealt with by the Council at the hearing.

• (3) A copy of all evidence taken in accordance with subsection (2) shall be certified under the hand of the person by whom the evidence was taken and shall forthwith be returned to the Secretary.

• (4) A copy of any evidence purporting to be certified under the hand of a person referred to in subsection (1) may be received in evidence without proof of the signature of such person or of the fact that the evidence was taken at the time and place and in the manner stated in the certificate.

Evidence from other Hearings

41 During a proceeding, evidence taken

• (a) at any previous hearing before the Council,

• (b) at a hearing before any board, commission or other competent tribunal authorized to participate in the administration of a marketing plan by a province, or

• (c) in a court of civil or criminal jurisdiction in Canada,

or any report, finding or order made in respect thereof may, by leave of the Council obtained before or after the commencement of the hearing, be received in evidence at the hearing.

Argument

42 The Council may, wherever it deems it advisable to do so, require a written brief to be submitted by the parties in a proceeding in addition to or in lieu of oral argument.

43 Unless the Council directs otherwise, the order of appearance at a public hearing shall be as follows:

• (a) the applicant;

• (b) the respondent;

• (c) the interveners;

• (d) other interested persons; and

• (e) the applicant in reply.

Orders and Decisions

44 The Council may approve, dismiss or vary the whole or any part of an application or generally with respect to the issues and conclusions associated with the subject-matter of the hearing, regardless of whether an application is or is not involved, and may grant such further or other relief, in addition to or in substitution for that requested or applied for, as to the Council deems just and proper.

45 The Council may give orally or in writing the reasons for its orders or decisions.

46 A decision of the Council shall be effective the day on which it is made or on such later day as may be stated in the decision.

Review

• 47 (1) Where, in any proceeding before the Council, any person to whom any notice is required by these Rules to be given or sent or who is otherwise entitled to receive any notice has not been or has been insufficiently so notified, he may, at any time within 10 days after becoming aware of any order or decision made by the Council in the proceeding, or within such further time as the Council may direct, apply to the Council to review, rescind, change, alter or vary the order or decision made by it, or to rehear the original subject-matter or application, as the case may be, and the Council shall, as soon as possible after the making of any such application and on such notice as the Council deems appropriate in the circumstances, review, rescind, change, alter or vary the order or decision made by it, order a rehearing or dismiss the application.

• (2) Except as provided in subsection (1), no application to the Council to review, rescind, change, alter or vary an order or decision made by it or to rehear any original subject-matter or application shall be received more than 30 days after the decision or order is communicated at the discretion of Council to the applicant, interveners or other parties or after the conclusion of the original hearing as the case may be.