5. Where a document is served under these Regulations, service thereof shall be deemed to have been effected on
(a) where the document was served under paragraph 4(1)(a) or (c), the day on which the person to be served was served with the document; or
(b) where the document was served under paragraph 4(1)(b), the second day following the day on which the document was mailed to the person to be served.
6. The Board may, on its own motion or at the request of a party, direct that the information or material contained in any document filed pursuant to these Regulations be made more complete or specific and if the party so directed fails to comply with the direction within such time as the Board may determine, the Board may strike from the document the information or material or so much thereof as the Board deems to be incomplete or insufficiently specific.
7. Where the Board considers it advisable, the Board may at any time direct that a proceeding before the Board be consolidated with any other proceeding before the Board and the Board may issue such directions in respect of the conduct of the consolidated proceeding as the Board considers advisable.
8. The Board may, where the Board is satisfied that the circumstances so require, adjourn any hearing for such time and to such place and on such terms as the Board considers advisable.
9. Notwithstanding anything in these Regulations, the Board may, where the Board is satisfied that the circumstances so require and upon such terms as the Board considers advisable
(a) extend the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding and may do so either before or after the expiration of the time prescribed; or
(b) reduce the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding.
10. The Board may direct that any person be added as a party to a proceeding or be served with any document, as the Board considers advisable.
11. (1) For the purposes of this section, “application” means a complaint or any other proceeding before the Board other than a grievance.
(2) Subject to subsection (3), but notwithstanding any other provision of these Regulations, the Board may decide to dismiss an application on the ground that the application does not, on its face, disclose grounds for a hearing.
(3) Before dismissing an application pursuant to subsection (2), the Board shall
(a) invite the parties to submit written arguments within the time and in the manner specified by the Board; or
(b) hold a preliminary hearing.
(4) Where the Board dismisses an application pursuant to subsection (2), the Board shall state in a written decision its reasons therefor and serve a copy thereof on the parties to the application.
(5) An applicant may, within 25 days after being served with the written decision pursuant to subsection (4), file with the Executive Director a request that the Board review its decision.
(6) A request for review filed pursuant to subsection (5) shall contain a concise statement of the facts and grounds on which the applicant relies.
(7) Where a request for review is filed with the Executive Director, the Board shall
(a) rescind its decision and direct that the application be proceeded with in accordance with the applicable provisions of these Regulations;
(b) serve the applicant and any other person who, in the opinion of the Board, may be affected by the application with a notice of hearing in Form 1 to show cause why the application should be heard; or
(c) confirm in writing its decision dismissing the application.
- SOR/2005-80, s. 7.
- Date modified: