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.

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, click here.

For more details and to see the revisions brought to the proposed Rules of Procedure as a result of the comments received, please click 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, click here.

PART 1 - GENERAL

PART 2 - STARTING A PROCEEDING, FILING AND SERVING DOCUMENTS

PART 3 - PRIVACY, CLOSED HEARINGS AND CONFIDENTIALITY REQUESTS

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

PART 9 - MOTIONS

9.1	Bringing a motion
9.2	Motion without notice
9.3	Preliminary motion for temporary relief
9.4	Service of Notice of motion and setting the hearing date
9.5	Response to motion
9.6	Evidence, witnesses and Statement of position
9.7	Hearing

PART 10 - PREPARATION FOR HEARING, EVIDENCE AND WITNESSES

10.1	Disclosure and production of documents by the Commission in an enforcement proceeding
10.2	Disclosure, witnesses and Statement of position
10.3	Production of documents
10.4	Privilege
10.5	Consequence of failure to disclose or produce
10.6	Expert witnesses
10.7	Failure to produce expert witness information
10.8	Appointment of expert by Tribunal
10.9	Summons of witnesses

PART 11 - SETTLEMENT

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

PART 12 - CASE CONFERENCE

12.1	Purposes
12.2	Attending a case conference
12.3	Procedure
12.4	Procedural orders or agreements
12.5	Constitution of subsequent hearing panel

PART 13 - HEARINGS

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

PART 14 - COSTS OF PROCEEDING

14.1	Hearing and investigation costs

PART 15 - ORDERS AND DECISIONS

15.1	Orders and decisions
15.2	Service of order or decision
15.3	Request for revocation or variation
15.4	Publication of orders and decisions

PART 16 - TRANSITIONAL PROVISIONS

16.1	Proceeding commenced under Local Rule 15-501

PART 17 - REPEAL OF LOCAL RULE 15-501

17.1	Repeal of Local Rule 15-501

PART 18 - EFFECTIVE DATE