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.