Public Servants Disclosure Protection Tribunal Rules of Procedure (SOR/2011-170)

Time Limits

Marginal note:Remedy applications

21 In relation to an application for an order respecting a remedy, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under Rule 6:

• (a) in the case of the Commissioner, within 20 days after the date of the notice;

• (b) in the case of the complainant, within 35 days after the date of the notice;

• (c) in the case of the complainant’s employer or the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, within 50 days after the date of the notice;

• (d) in the case of the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal, within 50 days after the date of the notice; and

• (e) in the case of a party that is added to the proceedings under subsection 21.4(3) of the Act,

  • (i) if they are added before the date of the notice, within 50 days after the date of the notice, and

  • (ii) if they are added after the date of the notice, within the later of 50 days after the date of the notice and 20 days after the day on which they are added to the proceedings.

Marginal note:Disciplinary applications — registrar

• 22 (1) If the Commissioner makes an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act and the Tribunal determines that a reprisal was taken against the complainant, the registrar must

  • (a) serve each party referred to in subsection 21.5(5) of the Act with a copy of the reasons issued by the Tribunal under subsection 21.5(3) of the Act; and

  • (b) after that is completed, provide each party with notice that all parties have been served with the reasons.

• Marginal note:Disciplinary applications — time limit

  (2) In relation to an application for an order respecting disciplinary action, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under paragraph (1)(b):

  • (a) in the case of the Commissioner, within 20 days after the date of the notice;

  • (b) in the case of a person designated by the Tribunal under subsection 21.5(5) of the Act, within 35 days after the date of the notice; and

  • (c) in the case of the person against whom the disciplinary action would be taken, within 50 days after the date of the notice.

Commissioner’s Reply

Marginal note:Content and time limits

23 The Commissioner may file a reply that sets out the arguments that he or she intends to make in rebuttal to facts or issues that were raised in another party’s statement of particulars. The reply must be filed

• (a) in the case of an application for a remedy, within 65 days after the date of the registrar’s notice under Rule 6; and

• (b) in the case of an application for disciplinary action, within 65 days after the date of the registrar’s notice under paragraph 22(1)(b).

Complainant’s Reply

Marginal note:Content and time limit

24 In relation to an application for an order respecting a remedy, the complainant may file a reply that sets out the arguments that he or she intends to make in rebuttal to facts or issues that were raised in another party’s statement of particulars. The reply must be filed within 65 days after the date of the registrar’s notice under Rule 6.

Supplementary Statement of Particulars

Marginal note:Content and time limit

25 Within 20 days after the day on which they are served with a statement of particulars, a party may file a supplementary statement of particulars that sets out any facts or issues that were not raised in their statement of particulars and that are necessary to address those raised in another party’s statement of particulars.

Expert Reports

Marginal note:Content

26 A party that intends to call an expert witness at the hearing must file a report prepared for them by the expert. The report must be signed and dated by the expert and include

• (a) a summary of the expert’s opinion;

• (b) a statement of the expert’s professional qualifications; and

• (c) the expert’s business address.

Marginal note:Time limits — remedy applications

27 In relation to an application for an order respecting a remedy, a party must file the expert’s report

• (a) in the case of the Commissioner, at least 60 days before the day on which the hearing begins;

• (b) in the case of the complainant, at least 40 days before the day on which the hearing begins; and

• (c) in the case of any other party, at least 20 days before the day on which the hearing begins.

Marginal note:Time limits — disciplinary action applications

28 In relation to an application for an order respecting disciplinary action, a party must file the expert’s report

• (a) in the case of the Commissioner, at least 60 days before the day on which the hearing begins;

• (b) in the case of the person designated by the Tribunal under subsection 21.5(5) of the Act, at least 40 days before the day on which the hearing begins; and

• (c) in the case of the person against whom the disciplinary action would be taken, at least 20 days before the day on which the hearing begins.

Book of Authorities

Marginal note:Content

• 29 (1) A party or interested person that intends to refer to statutory or regulatory provisions, case law or other authorities in a hearing must reproduce those materials in a book of authorities and highlight the relevant passages.

• Marginal note:Reproduction of federal law

  (2) Federal statutory and regulatory provisions must be reproduced in both official languages.

• Marginal note:Filing

  (3) The book of authorities must be filed at least 15 days before the day on which the hearing begins.

Pre-Hearing Conferences

Marginal note:Purpose

30 The Tribunal may schedule a pre-hearing conference to resolve any procedural or evidentiary matters related to the proceedings.

Marginal note:Modes

31 The Tribunal may conduct a pre-hearing conference in person, by teleconference, video conference or any other electronic means of communication.

Marginal note:Notice

32 If the Tribunal schedules a pre-hearing conference, the registrar must provide each party with notice of

• (a) the mode in which the conference will be conducted;

• (b) the conference’s date, time and place; and

• (c) any motions that the Tribunal intends to hear at the conference.

Summoning of Witnesses

Marginal note:Issuance

33 Following a written request made by a party or an interested person to the registrar, the Tribunal must issue a subpoena for the attendance of a witness or for the production of a document at the hearing.

Marginal note:Issuance in blank

34 The Tribunal may issue a subpoena in blank and the party or interested person to whom it is issued must complete it and may include any number of names.

Marginal note:Attendance

35 A witness is not required to attend a hearing, or to produce a document at the hearing, under a subpoena that is served on them less than 10 days before the day on which the hearing begins.

Hearing and Evidence

Hearing

Marginal note:Remote hearings

36 The Tribunal may order that a hearing be conducted in whole or in part by teleconference, video conference or any other electronic means of communication. If so, the Tribunal may provide directions to facilitate the conduct of the hearing using that means of communication.

Marginal note:Notice of hearing

37 The registrar must provide each party and interested person with notice of the date, time and place of the hearing at least 65 days before the day on which the hearing begins.

Marginal note:Special arrangements

38 A party or interested person that requires an interpreter or any other special arrangements at the hearing must provide the registrar with written notice of those requirements at least 10 days before the day on which the hearing begins.

Marginal note:Absence of party or interested person

39 If a party or interested person fails to appear at the hearing, the Tribunal may proceed with the hearing in their absence if it is satisfied that they received notice of the hearing.

Marginal note:Adjournment of hearing

40 The Tribunal may adjourn a hearing, and if so, it must provide directions to each party and interested person as to the date, time, place and terms of its continuance.

Evidence

Marginal note:Limits

41 Except with leave of the Tribunal, a party is not permitted to do any of the following at the hearing:

• (a) raise a position, seek to prove a material fact or to introduce a document that was not disclosed, or call a witness — other than an expert witness — who was not named, in its statement of particulars, reply or supplementary statement of particulars;

• (b) introduce an expert report into evidence or call the expert as a witness if the expert report was not provided in accordance with Rules 26 to 28; and

• (c) in the case of the Commissioner or the complainant, request any remedy or disciplinary action, as the case may be, that was not raised in its statement of particulars.

Marginal note:Examination outside hearing

• 42 (1) A party that wishes to examine a person who is unable to attend the hearing may make a motion to the Tribunal for an order to examine that person outside the hearing and to introduce that person’s evidence at the hearing.

• Marginal note:Directions required

  (2) If the Tribunal grants the party’s motion, the Tribunal must provide directions regarding

  • (a) the time, place and manner of the examination and cross-examination;

  • (b) the notices to be given to the person being examined, the parties and the interested persons;

  • (c) the attendance of parties; and

  • (d) the production of any documents requested by the examining party.

Marginal note:Exclusion of witnesses

• 43 (1) The Tribunal may order that a witness be excluded from the hearing room until they are called to give evidence.

• Marginal note:Exception

  (2) However, the Tribunal cannot order the exclusion of any witness who is a party or any witness whose presence is essential to instruct the party’s representative, but the Tribunal may require the witness to give evidence before any other witnesses are called to give evidence on behalf of that party.

Marginal note:Communication with excluded witnesses prohibited

44 If the Tribunal orders that a witness be excluded from the hearing room, it is prohibited for any person to communicate with the witness regarding the evidence given during their absence from the hearing room until the witness has been called and has finished giving evidence.

Transitional

Marginal note:Application

• 45 (1) Subject to subrules (2) to (4) and except for Rules 5, 6 and 21, these Rules apply to the proceedings in respect of an application that is made to the Tribunal by the Commissioner under subsection 20.4(1) of the Act before the day on which these Rules come into force.

• Marginal note:Non-application

  (2) The time limits referred to in paragraph 23(a) and Rule 24 do not apply to the proceedings in respect of the application.

• Marginal note:Tribunal directions

  (3) If the Tribunal provides a party or interested person with directions regarding any matter of procedure that is governed by these Rules before the day on which these Rules come into force, they must continue to act in accordance with those directions and the Rules that would otherwise govern the matter do not apply.

• Marginal note:Non-application

  (4) If a Rule contains a time limit that requires the doing of a thing within a prescribed number of days before the day on which the hearing begins, the time limit does not apply if

  • (a) before the day on which these Rules come into force, the Tribunal provides the parties with directions regarding the time for the doing of the thing; or

  • (b) on the day on which these Rules come into force, there are no more than the prescribed number of days remaining before the day on which the hearing begins.