• 11. (1) The Commission may, at any time that there is an issue of jurisdiction, practice or procedure that should be decided before the proceedings are continued, determine the issue.

• (2) At any stage of the proceedings, the Commission may refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for a hearing and determination and the Commission may, pending the determination of the issue, order the whole or part of the proceedings to be stayed.

12. The Commission may, at any time, direct any party, interested person or the counsel of the party or interested person either to appear before the Commission at a specified time, date and place for a conference or to participate in a teleconference at a specified time and date for the purpose of considering the following issues:

• (a) the clarification and simplification of contentious issues;

• (b) the admission of particular facts or of information;

• (c) the official language in which the hearing will be conducted;

• (d) the procedure to be followed in connection with requests for records or information;

• (e) the procedure to be followed during the course of the hearing;

• (f) the exchange among parties or interested persons of records; and

• (g) any other matter that may aid in the clarification and simplification of the evidence and the preparation of the final report of the Commission.

• 13. (1) Any agreements reached in respect of the issues considered in accordance with section 12 shall be recorded

  • (a) in the case of a conference, in the minutes signed by the parties and interested persons attending the session at which the agreements are made and countersigned by the Commission member presiding at that session; and

  • (b) in the case of a teleconference, in minutes signed by the Commission member presiding at the session and the Commission shall deliver a copy of the minutes to the participating parties and interested persons.

• (2) Where an agreement on an issue referred to in section 12 cannot be reached, the Commission may decide the issue so that the hearing may be conducted informally and expeditiously.

• (3) The Commission shall deliver copies of any agreement referred to in subsection (1) and of any decision referred to in subsection (2) to the parties and the interested persons.

• (4) Subject to section 4, an agreement referred to in subsection (1), together with any decision of the Commission pursuant to subsection (2), shall govern the hearing.

• 14. (1) A party or interested person, on request, may obtain a summons in Form 1 set out in the schedule issued by the Commission and sealed with the Commission’s seal.

• (2) A summons referred to in subsection (1) shall be completed by the party or interested person on behalf of whom it is issued or the counsel for that party or interested person and shall contain the information required by Form 1.

• (3) Notwithstanding subsection (2), any party or interested person requiring the attendance of a witness during the hearing may forward the name and address of the proposed witness to the Registrar at least seven days before the witness is required to appear at the hearing, so that the Commission may issue a summons to that witness.