Rules of Procedure

The Tribunal's Rules of Procedure set out the procedure by which parties present their evidence and arguments to the Tribunal. The Rules of Procedure reference forms, the use of which is mandatory. The Registrar may also issue practice directions to provide additional guidance on certain procedural requirements.

New Rules of Procedure

The Tribunal adopted new Rules of Procedure on December 1, 2021. 

Below is the Table of Contents for our current Rules of Procedure with hyperlinks to each part. To view the integral text of the Rules of Procedure, click here.

PART 1 - GENERAL

1.1 Purpose

1.2 Application

1.3 Definitions

1.4 Exercise of powers

1.5 Dispensing with Rules

1.6 Rules not exhaustive

1.7 Directions or procedural orders

1.8 Irregularity in form

1.9 Non-compliance with Rules or order

1.10 Practice directions

1.11 Time

PART 2 - LANGUAGE

2.1 Application of the law

2.2 In French, in English or both

2.3 Choice of language when the Commission or the regulator are a party to the proceeding

2.4 Communications with the Tribunal

2.5 Obligation of the hearing panel

2.6 Interpreter services

2.7 Orders and decisions

PART 3 - PARTICIPATING IN A PROCEEDING, FILING AND SERVING DOCUMENTS

3.1 Communicating with the Tribunal

3.2 Parties and representation

3.3 Filing pleadings and documents

3.4 Service of documents

3.5 Substituted, validated or waived service

3.6 Ending participation in a proceeding

PART 4 - APPEAL OR REVIEW

4.1 Definition of decision-maker

4.2 Starting an appeal or a review

4.3 Service of Notice of Appeal or Review

4.4 Record of the Decision-making Process

4.5 Setting the hearing date

4.6 Evidence

4.7 Witnesses

4.8 Expert witnesses

4.9 Legal arguments

4.10 Decision-makers' participatory rights in an appeal or review

4.11 Hearing

PART 5 - ENFORCEMENT PROCEEDINGS

5.1 Starting a proceeding

5.2 When to use Notice of Application

5.3 Content of Statement of Allegations

5.4 Service of Statement of Allegations

5.5 Disclosure

5.6 Defending or accepting the allegations

5.7 Setting the date of the merits hearing

5.8 Sanctions and costs hearing

5.9 Evidence

5.10 Witnesses

5.11 Expert witnesses

5.12 Legal Arguments

5.13 Hearing

PART 6 - APPLICATION, REFERRAL AND OPPORTUNITY TO BE HEARD

6.1 Application

6.2 Starting an application

6.3 Application without notice

6.4 Service of Notice of Application

6.5 Setting the hearing date

6.6 Response to an application

6.7 Applicant's response to respondent's documents

6.8 Content of Affidavit

6.9 Witnesses

6.10 Legal arguments

6.11 Hearing

PART 7 - MOTIONS, ADJOURNMENTS, CONSTITUTIONNALITY, JURISDICTION, ADDITION OF PARTICIPANTS

7.1 Identification of the parties

7.2 Bringing a motion

7.3 Motion without notice

7.4 Service of motion

7.5 Setting the hearing date

7.6 Response to motion

7.7 Moving party's response

7.8 Content of Affidavit

7.9 Witnesses

7.10 Legal arguments

7.11 Hearing

7.12 Adjournments

7.13 Challenging constitutionnality

7.14 Challenging the Tribunal's jurisdiction

7.15 Addition of parties, intervenors, friends of the Tribunal

PART 8 - PREPARATION FOR THE HEARING, DISCLOSURE AND WITNESSES

8.1 Timeline for enforcement proceedings

8.2 Timelines for appeals and reviews

8.3 Mandatory Case Management Conference

8.4 Modification of timeline

8.5 Format of documents or objects

8.6 Privilege

8.7 Consequences of failure to disclose or to produce documents

8.8 Content of expert report

8.9 Failure to produce expert witness information

8.10 Summons of witnesses

PART 9 - SETTLEMENT

9.1 Application

9.2 Approval by Tribunal required

9.3 Settlement Agreement

9.4 Application for hearing

9.5 Setting the hearing date

9.6 Evidence

9.7 No witnesses

9.8 Legal arguments

9.9 Hearing

9.10 Reasons for order or decision

9.11 Effect of disapproval on proceeding

PART 10 - CASE MANAGEMENT CONFERENCE

10.1 When available

10.2 Purposes

10.3 Attending a case management conference

10.4 Procedure

10.5 Procedural orders or agreements

10.6 Constitution of subsequent hearing panel

PART 11 - HEARINGS

11.1 Notice of Hearing

11.2 Hearing format

11.3 Requesting a change in hearing format

11.4 How to present evidence

11.5 Document accepted into evidence

11.6 Evidence taken outside a hearing

11.7 Exclusion of witnesses

11.8 Hearings open to the public and media

11.9 Non-appearance of a party

11.10 Recording of hearing

PART 12 - ORDERS AND DECISIONS

12.1 Orders and decisions

12.2 Discrepancy between oral and written decision

12.3 Correction of errors

12.4 Publication of orders and decisions

PART 13 - EFFECTIVE DATE

13.1 Effective Date