Hazardous Materials Information Review Act Appeal Board Procedures Regulations (SOR/91-86)

29. The appellant or applicant may, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties written submissions in reply to the written submissions of any other party.

30. Where no party requests the opportunity to make oral submissions before the appeal board and there are no material issues of fact or opinion the nature of which requires the examination of witnesses, the appeal board may determine the appeal or application without hearing oral submissions or examining witnesses.

• 31. (1) Where a party requests an opportunity to make oral submissions before the appeal board, the appeal board shall establish and advise all parties of a time, date and place for a hearing.

• (2) Oral submissions shall be confined to the grounds of appeal or the matters raised in the application and the matters raised in the written submissions that have been filed with the appeal board.

• 32. (1) Where there are material issues of fact or opinion the nature of which requires the examination of witnesses, the appeal board shall establish, and advise all parties of a time, date and place for the examination.

• (2) The appeal board may direct any party who wishes to present a witness to file with the appeal board and serve on all other parties, within such time as the appeal board may direct, and subject to sections 12 and 13, a document in written question-and-answer form containing the evidence and including the qualifications, if any, of the proposed witness.

• (3) Witnesses shall be examined on oath or solemn affirmation.

• (4) Following the completion of the examination of witnesses, the appeal board shall invite all parties to make any final oral or written submissions.

• 33. (1) The appeal board may at any time convene a procedural conference with all parties for the purpose of considering any matter that may aid in the simplification or disposition of the proceedings including, without restricting the generality of the foregoing,

  • (a) the question of whether a counsel or an expert who assists the counsel should be given access to confidential information or be admitted to a confidential session of the appeal board;

  • (b) the clarification of the issues and matters raised in the proceedings;

  • (c) the need for additional information in order for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings;

  • (d) the order in which witnesses are to be presented;

  • (e) whether to consider the evidence of witnesses at a technical conference;

  • (f) whether to appoint an expert, the identification of the matters to be assigned to the expert and selecting the expert to be appointed;

  • (g) whether to depute a person pursuant to section 44 of the Act and section 11 of the Inquiries Act, including setting out the procedure to be followed by the deputy and identifying the matters into which the deputy is to inquire;

  • (h) any procedural question that has arisen in the course of the proceedings; and

  • (i) any matter that may contribute to the orderly, fair and expeditious conduct of the proceedings.

• (2) Where a question referred to in paragraph (1)(a) is discussed at a procedural conference, the question shall be discussed without disclosing any confidential information.

• (3) Where a counsel referred to in paragraph (1)(a) seeks to be heard by the appeal board with respect to a question referred to in that paragraph, the appeal board shall hear the counsel before any direction is made by it that would affect the matter in question.

• (4) A procedural conference may be conducted by teleconference or videoconference at the request of a party, or at the instance of the appeal board, if attendance in person is not practical or necessary.