Requests for Records and Information (continued)
9 (1) Where a person does not comply with section 8, the person may not put in evidence at a hearing the record that the person did not deliver and file and that is to the person’s advantage unless the Commission is satisfied that there existed sufficient reasons for not complying with the request.
(2) Where a party or interested person refuses to deliver and file a record, the person who made the request in accordance with section 7 may, where authorized by the Commission, introduce secondary evidence of the contents of the record.
Stay of Proceedings
10 Where a party or interested person has not complied with these Rules or any direction issued by the Commission, the Commission may stay the proceedings until the Rules or direction have been complied with or take such other steps as the Commission considers fair and reasonable so that the hearing may be conducted informally and expeditiously.
Issues to Be Determined
(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.
- 2002, c. 8, s. 183
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.
(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.
(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.
15 A person that has been summoned in accordance with section 14, may, before appearing as a witness or at any other time, by motion request that the person receives payment of the fees and allowances that are payable to witnesses summoned before the Federal Court of Canada.
(2) A motion shall contain a clear and concise statement of the facts, the order sought and the grounds therefor.
(3) A written motion shall be filed with the Registrar or, during the hearing, with the hearing process officer and shall be served on the parties and the interested persons to the proceedings.
(4) A motion may be made orally during the hearing in accordance with the procedure established by the Commission.
(5) A motion may be disposed of by the Commission in writing or orally.
- SOR/96-447, s. 2(E)
(2) A motion to intervene shall set out
(a) the style of cause of the proceedings in which the person filing the motion wishes to intervene;
(b) the name and address of the person filing the motion or the person signing the motion on behalf of that person;
(c) a concise statement of the matters in the proceedings that affect the person filing the motion;
(d) a concise statement of the facts on which the motion is based; and
(e) the official language that the person intends to use in the arguments in respect of the motion.
(3) The Registrar shall serve, forthwith, a copy of a motion to intervene and the supporting affidavit on each of the parties and interested persons after the documents are filed with the Commission.
18 (1) A party or interested person who has been served with a copy of a motion to intervene and the supporting affidavit may, within fourteen days after the service or within such other period as the Commission may direct, file with the Commission a response to the motion dealing with the matters raised in the motion and stating whether the party or interested person intends to oppose the motion.
(2) A copy of the response referred to in subsection (1) shall be served by the person who filed the response on the person making the motion and on all other parties and interested persons.
19 (1) A motion to intervene may be heard at any time, date and place fixed by the Commission, including at the time fixed for a conference or teleconference that is held in accordance with section 12.
(2) The Registrar shall serve on the person who filed the motion, the parties and interested persons a notice of the time, date and place at which the motion shall be heard.
(2) Where a motion to intervene is granted,
(a) the Registrar shall serve on the interested person who filed the motion copies of the documents filed by the parties and the other interested persons prior to the granting of the motion; and
(b) each party and interested person shall serve on the interested person who has filed the motion, copies of all documents served on the day the motion is granted and thereafter.
Hearing in Private
21 (1) Where the Commission directs that a hearing or a portion thereof is to be held in private in accordance with subsection 45.45(11) of the Act, the hearing may be attended only by the following persons who complete and file Form 2 set out in the schedule:
(2) Notwithstanding subsection (1), the required Commission staff, including stenographers and interpreters, may attend a hearing or portion thereof that is held in private.
(3) Records with respect to the hearing or portion thereof that is held in private that are filed with the Commission shall be marked “Confidential/Confidentiel” and kept separate from the public record.
(4) The Commission may authorize persons who have filed a Form 2 to make copies of the records referred to in subsection (3) and of the transcripts of the hearing or portion thereof that is held in private.
(5) Where an expert witness is to testify at a hearing in private, the Commission may authorize, subject to any condition the Commission imposes, confidential information to be made available to that witness.
(6) A person referred to in subsection (1) who is present at a hearing in private shall submit the person’s transcripts, notes, and any other records to the Commission at the conclusion of the arguments.
- Date modified: