Review Tribunal Rules of Procedure (SOR/92-19)
Full Document:
Regulations are current to 2012-05-02 and last amended on 2010-02-23. Previous Versions
7. The Commissioner shall, on receipt of the documents referred to in section 5,
(a) select the members to hear the appeal in accordance with subsection 82(7) of the Act; and
(b) fix the place, in accordance with subsection 82(8) of the Act, and the time for the hearing of the appeal.
8. The Commissioner shall, at least twenty days prior to the date of the hearing of an appeal,
(a) notify the appellant, the Minister and any person added as a party to the appeal under subsection 82(10) of the Act of the place and time of the hearing;
(b) deliver or mail to the appellant, copies of the documents referred to in section 5 and of the reply referred to in subsection 6(2), if any;
(c) deliver or mail to the Minister a copy of the reply referred to in subsection 6(2), if any; and
(d) deliver or mail to any person added as described in paragraph (a) copies of the documents referred to in section 5.
WITHDRAWALS
9. An appellant may, at any time, withdraw the appeal by notice filed with the Commissioner, who shall forthwith inform the other parties of the withdrawal.
HEARINGS
10. The Commissioner shall, at least fourteen days prior to the hearing of an appeal to a Tribunal, send to all of its members copies of any documents received pursuant to sections 3 and 5 and subsection 6(2).
10.1 An appellant, the Minister and any person added as a party to an appeal under subsection 82(10) of the Act shall be entitled to be represented at the hearing of the appeal.
- SOR/2010-45, s. 20.
EVIDENCE
11. The Chairman shall ensure that a copy of any documentary evidence submitted at the hearing of an appeal is provided to the appellant, the Minister and any person added as a party to the appeal, unless they have been previously provided with a copy of that evidence.
- SOR/2010-45, s. 21.
11.1 Witnesses shall be examined orally under oath at the hearing of an appeal, but, before the hearing or at any time during the hearing, any party to the appeal may apply to the Tribunal for an order permitting that all facts or any particular fact or facts may be proven other than by oral evidence and the Tribunal may make any order that in its opinion the circumstances of the case require.
- SOR/2010-45, s. 21.
PROCEDURE AT HEARINGS
12. (1) The proceedings before a Tribunal shall be conducted as informally as the circumstances permit.
(2) [Repealed, SOR/2010-45, s. 22]
(3) The hearings of a Tribunal shall be held in private.
(4) Each member shall ensure that all of the information and documents, including the Tribunal’s decision, that come to the attention of that member are kept confidential.
- SOR/2010-45, s. 22.
