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

Regulations are current to 2014-09-01

PRODUCTION OF DOCUMENTS

  •  (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.

 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

 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

  •  (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.