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.


Comments Received on Proposed New Rules of Procedure and Tribunal's Response

The Tribunal is proposing to repeal its Rules of Procedure and to replace them with new Rules of Procedure.  The proposed new Rules of Procedure were published for a 30-day comment period ending on May 14, 2021.  Two comment letters were received. Of these, one was received after the comment period ended. That comment letter was accepted as the organization providing the comments was located in Nova Scotia, which was in a lockdown due to the COVID-19 pandemic during the comment period. For a summary of the comments received and the Tribunal's responses, External link opens in new tab or windowclick here.


For more details and to see the revisions brought to the proposed Rules of Procedure as a result of the comments received, please External link opens in new tab or windowclick here.


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, External link opens in new tab or windowclick here.


External link opens in new tab or windowPART 1 - GENERAL

1.1 Definitions
1.2Application and interpretation of Rules
1.3General powers of the Tribunal
1.4Non-compliance with Rules or Order
1.5Time
1.6Communications with the Tribunal
1.7Official languages
1.8Interpreters, Accessibility Requirements, Culture, Tradition or Religion
1.9Challenging constitutionality or asserting a remedy under the Charter of Rights and Freedoms
1.10Challenging the Tribunal's jurisdiction
1.11Adjournments

External link opens in new tab or windowPART 2 - STARTING A PROCEEDING, FILING AND SERVING DOCUMENTS

2.1 Starting a proceeding
2.2Filing documents
2.3Service of documents
2.4Personal service
2.5Motion for substituted, validated or waived service
2.6Service deemed effective
2.7Affidavit of Service

External link opens in new tab or windowPART 3 - PRIVACY, CLOSED HEARINGS AND CONFIDENTIALITY REQUESTS

3.1 Transparency and privacy
3.2Public record
3.3Request for confidentiality
3.4Hearings in the absence of the public and media

External link opens in new tab or windowPART 4 - PARTIES, INTERVENORS AND PARTICIPATION

4.1 Parties and representation
4.2Obtaining the status of party, intervenor or friend of the Tribunal
4.3Ending participation in a proceeding

External link opens in new tab or windowPART 5 - APPEAL FROM DECISIONS OR ORDERS

5.1 Starting an appeal
5.2Service of Notice of Appeal and setting the hearing date
5.3Record of the Decision-Making Process
5.4Evidence
5.5Authority to consider other issues
5.6Witnesses
5.7Statement of Position
5.8Hearing

External link opens in new tab or windowPART 6 - REVIEW OF DECISIONS OR ORDERS

6.1 Starting a review
6.2Service of Request for Review and setting the hearing date
6.3Record of the Decision-Making Process
6.4Evidence
6.5Authority to consider other issues
6.6Witnesses
6.7Statement of Position
6.8Hearing


External link opens in new tab or windowPART 7 - ENFORCEMENT PROCEEDINGS

7.1 Starting an enforcement proceeding
7.2Conduct of the different types of enforcement proceedings
7.3Content of Statement of Allegations
7.4Service of originating document
7.5Defending the allegations
7.6Setting the hearing date
7.7Evidence
7.8Witnesses
7.9Statement of Position
7.10Hearing

External link opens in new tab or windowPART 8 - APPLICATIONS

8.1 Application of Part 8
8.2Starting an application
8.3Application without notice
8.4Service of Notice of Application and setting the hearing date
8.5Response to application
8.6Evidence, witnesses and Statement of Position
8.7Hearing

External link opens in new tab or windowPART 9 - MOTIONS
9.1
Bringing a motion
9.2Motion without notice
9.3Preliminary motion for temporary relief
9.4Service of Notice of motion and setting the hearing date
9.5Response to motion
9.6Evidence, witnesses and Statement of position
9.7Hearing

External link opens in new tab or windowPART 10 - PREPARATION FOR HEARING, EVIDENCE AND WITNESSES
10.1 Disclosure and production of documents by the Commission in an enforcement proceeding
10.2Disclosure, witnesses and Statement of position
10.3Production of documents
10.4Privilege
10.5Consequence of failure to disclose or produce
10.6Expert witnesses
10.7Failure to produce expert witness information
10.8Appointment of expert by Tribunal
10.9Summons of witnesses

External link opens in new tab or windowPART 11 - SETTLEMENT
11.1 Application of Part 11
11.2Settlement opportunities
11.3Approval by Tribunal required
11.4Settlement agreement
11.5Application for hearing
11.6Setting the hearing date
11.7Settlement hearing
11.8Evidence, witnesses and Statement of position
11.9Recording of hearing
11.10Reasons for order or decision
11.11Effect of disapproval on proceeding
11.12Breach of Settlement Agreement

External link opens in new tab or windowPART 12 - CASE CONFERENCE
12.1 Purposes
12.2Attending a case conference
12.3Procedure
12.4Procedural orders or agreements
12.5Constitution of subsequent hearing panel

External link opens in new tab or windowPART 13 - HEARINGS
13.1 Notice of hearing
13.2Hearing format
13.3How to present evidence
13.4Document accepted into evidence
13.5Evidence taken outside a hearing
13.6Exclusion of witnesses
13.7Hearings usually open to the public and media
13.8Hearing on sanctions and costs
13.9Non-appearance of a party
13.10Recording of hearing

External link opens in new tab or windowPART 14 - COSTS OF PROCEEDING
14.1 Hearing and investigation costs

External link opens in new tab or windowPART 15 - ORDERS AND DECISIONS
15.1 Orders and decisions
15.2Service of order or decision
15.3Request for revocation or variation
15.4Publication of orders and decisions

External link opens in new tab or windowPART 16 - TRANSITIONAL PROVISIONS
16.1 Proceeding commenced under Local Rule 15-501

External link opens in new tab or windowPART 17 - REPEAL OF LOCAL RULE 15-501
17.1 Repeal of Local Rule 15-501

External link opens in new tab or windowPART 18 - EFFECTIVE DATE
18.1 Effective date