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.  For the Notice of Adoption, 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 Purpose
1.2Application
1.3Definitions
1.4Exercise of powers
1.5Dispensing with Rules
1.6

Rules not exhaustive

1.7

Directions or procedural orders

1.8Irregularity in form
1.9

Non-compliance with Rules or order

1.10

Practice directions

1.11

Time


External link opens in new tab or windowPART 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


External link opens in new tab or windowPART 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


External link opens in new tab or windowPART 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


External link opens in new tab or windowPART 5 - ENFORCEMENT PROCEEDINGS

5.1 Starting a proceeding
5.2When to use Notice of Application
5.3Content of Statement of Allegations
5.4Service of Statement of Allegations
5.5Disclosure

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


External link opens in new tab or windowPART 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


External link opens in new tab or windowPART 7 - MOTIONS, ADJOURNMENTS, CONSTITUTIONNALITY, JURISDICTION, ADDITION OF PARTICIPANTS

7.1 Identification of the parties
7.2Bringing a motion
7.3Motion without notice
7.4Service of motion
7.5Setting the hearing date
7.6Response to motion
7.7Moving party's response
7.8Content of Affidavit
7.9Witnesses
7.10Legal 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


External link opens in new tab or windowPART 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


External link opens in new tab or windowPART 9 - SETTLEMENT

9.1
Application
9.2Approval by Tribunal required
9.3Settlement Agreement
9.4Application for hearing
9.5Setting the hearing date
9.6Evidence
9.7No witnesses

9.8

Legal arguments

9.9

Hearing

9.10

Reasons for order or decision

9.11

Effect of disapproval on proceeding


10.1 When available
10.2Purposes
10.3Attending a case management conference
10.4

Procedure

10.5Procedural orders or agreements
10.6Constitution of subsequent hearing panel

External link opens in new tab or windowPART 11 - HEARINGS

11.1 Notice of Hearing
11.2Hearing format
11.3Requesting a change in hearing format
11.4How to present evidence
11.5Document accepted into evidence
11.6Evidence taken outside a hearing
11.7Exclusion of witnesses
11.8Hearings open to the public and media
11.9Non-appearance of a party
11.10Recording of hearing

External link opens in new tab or windowPART 12 - ORDERS AND DECISIONS

12.1 Orders and decisions
12.2Discrepancy between oral and written decision
12.3Correction of errors
12.4Publication of orders and decisions

13.1 Effective Date