3. (1) The Commission or, where applicable, a designated officer may vary or supplement any of these Rules, in order to ensure that a proceeding be dealt with as informally and expeditiously as the circumstances and the considerations of fairness permit.
(2) Any procedural matter that arises in the course of a proceeding that is not provided for in these Rules shall be dealt with by the Commission or, where applicable, a designated officer as informally and expeditiously as the circumstances and the considerations of fairness permit.
Defect in Form or Procedure
4. No proceeding is invalid, in whole or part, by reason only of a defect in form or failure to follow a procedure that is set out in these Rules, where the defect or failure does not result in any material harm to a relevant interest.
- SOR/2007-208, s. 26(F).
Waiver of Rules
5. (1) Any participant may waive any procedural right that is granted to the participant under these Rules.
(2) In the absence of proof to the contrary, where any participant fails to take advantage of a procedural right granted under these Rules, the participant is deemed to have waived that right.
6. Where these Rules indicate that a time limit is to be specified in an order of the Commission or a designated officer, or a notice of the Commission, the time limit specified shall provide for as informal and expeditious a proceeding as the circumstances and the considerations of fairness permit.
7. (1) Unless otherwise provided by these Rules, any giving, sending, notifying, serving or filing that is required or permitted under these Rules may be done
(a) by hand, ordinary mail, registered mail or courier;
(b) by facsimile, if the recipient is able to receive the information in that manner; or
(c) by any other method that is agreed to by the recipient.
(2) A document that is sent by facsimile must include the following information:
(a) the name, address and telephone and facsimile numbers of the sender;
(b) the date and time of the transmission;
(c) the total number of pages transmitted;
(d) the name, address and telephone and facsimile numbers of the recipient; and
(e) the name, address and telephone and facsimile numbers of a person to contact if transmission problems occur.
8. (1) Subject to subrule (2), a document that is required to be filed under these Rules shall be filed at the office of the Secretary.
(2) During a proceeding, a document may be filed with the presiding member of the Commission or the designated officer who is hearing the matter.
(3) In the absence of proof to the contrary, the date of filing is the date on which the document is received by the Commission or designated officer, as indicated
(a) by the date stamped on the document by an employee of the Commission, in the case of a document that is filed in accordance with paragraph 7(1)(a); and
(b) by the date that appears on the covering page of the facsimile as processed by the receiving facsimile machine of the Commission, in the case of a document that is filed by facsimile.
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