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.
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.
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
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
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
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
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
13.1 Effective Date
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