Adjudication Division Rules (SOR/93-47)

Regulations are current to 2013-04-29

DISCLOSURE

 A party who intends to call an expert witness at a hearing shall, at least 20 days before the date set for the hearing, serve on the other party a report signed by the expert witness, setting out the name, address and qualifications of the expert witness and a brief summary of the substance of the proposed testimony of the expert witness.

APPLICATIONS FOR CONFIDENTIALITY

 An application referred to in subsection 29(2) or 103(10) of the Act shall be made to the Adjudication Division by motion in accordance with subrules 20(2) to (7).

WITNESSES

 A party who calls a witness shall pay the witness the applicable fees and allowances set out in the Federal Court Rules.

  •  (1) The Adjudication Division may, at the request of a party or of its own motion, exclude witnesses from a hearing until they are called to testify.

  • (2) No person may communicate to a witness who has been excluded pursuant to subrule (1) any evidence or testimony that is given during the course of a hearing until after the witness has testified.

  •  (1) A party who makes an application to summon a witness shall do so in writing and shall file it at the registry.

  • (2) Where a person fails to comply with a summons, the party who applied for the issuance of the summons may make an application in writing, accompanied by an affidavit setting out the facts on which the application is based, to the Adjudication Division for a warrant and shall file the application at the registry.

  • (3) An application made under to subrule (2) shall contain information to establish that

    • (a) the person named in the summons was served with the summons and was paid or offered a reasonable amount of attendance money but failed to comply with the requirements of the summons; and

    • (b) the appearance of the person named in the summons is necessary to ensure a full and proper hearing.

  • (4) A warrant issued on an application made under subrule (2) that directs a peace officer to cause the person named therein to be apprehended anywhere in Canada shall indicate the measures to be taken by the peace officer in respect of the detention or release of the person.

  • (5) The measures referred to in subrule (4) may include

    • (a) detaining the person in custody and forthwith bringing the person before the Adjudication Division; and

    • (b) releasing the person on a recognizance, with or without sureties, conditional on the person’s appearance at the date, time and place specified, to give or produce evidence at a hearing before the Adjudication Division.

PERSON CONCERNED IN CUSTODY

 Where a person concerned is detained, the Adjudication Division may order the person who detains the person concerned to bring the latter in custody to a conference or hearing held in respect of the person concerned.

APPLICATIONS

  •  (1) Subject to subrule (2), every application that is provided for in these Rules, except an application referred to in rules 14 and 17 and subrule 21(3), shall be

    • (a) made by a party in writing;

    • (b) filed at the registry; and

    • (c) served on the other party.

  • (2) A party may make an application that is provided for in these Rules orally at a hearing where the adjudicator is satisfied that no injustice is likely to be caused to any party thereby.

  • (3) The Adjudication Division may determine an application when it is satisfied that all parties have been given a reasonable opportunity to make representations.