NFPMC General Rules of Procedure (SOR/82-641)

Hearing

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.

Evidence from other Hearings

41 During a proceeding, evidence taken

• (a) at any previous hearing before the Council,

• (b) at a hearing before any board, commission or other competent tribunal authorized to participate in the administration of a marketing plan by a province, or

• (c) in a court of civil or criminal jurisdiction in Canada,

or any report, finding or order made in respect thereof may, by leave of the Council obtained before or after the commencement of the hearing, be received in evidence at the hearing.

Argument

42 The Council may, wherever it deems it advisable to do so, require a written brief to be submitted by the parties in a proceeding in addition to or in lieu of oral argument.

43 Unless the Council directs otherwise, the order of appearance at a public hearing shall be as follows:

• (a) the applicant;

• (b) the respondent;

• (c) the interveners;

• (d) other interested persons; and

• (e) the applicant in reply.

Orders and Decisions

44 The Council may approve, dismiss or vary the whole or any part of an application or generally with respect to the issues and conclusions associated with the subject-matter of the hearing, regardless of whether an application is or is not involved, and may grant such further or other relief, in addition to or in substitution for that requested or applied for, as to the Council deems just and proper.

45 The Council may give orally or in writing the reasons for its orders or decisions.

46 A decision of the Council shall be effective the day on which it is made or on such later day as may be stated in the decision.

Review

• 47 (1) Where, in any proceeding before the Council, any person to whom any notice is required by these Rules to be given or sent or who is otherwise entitled to receive any notice has not been or has been insufficiently so notified, he may, at any time within 10 days after becoming aware of any order or decision made by the Council in the proceeding, or within such further time as the Council may direct, apply to the Council to review, rescind, change, alter or vary the order or decision made by it, or to rehear the original subject-matter or application, as the case may be, and the Council shall, as soon as possible after the making of any such application and on such notice as the Council deems appropriate in the circumstances, review, rescind, change, alter or vary the order or decision made by it, order a rehearing or dismiss the application.

• (2) Except as provided in subsection (1), no application to the Council to review, rescind, change, alter or vary an order or decision made by it or to rehear any original subject-matter or application shall be received more than 30 days after the decision or order is communicated at the discretion of Council to the applicant, interveners or other parties or after the conclusion of the original hearing as the case may be.