Material in the Possession of a Tribunal
Marginal note:Material from tribunal
317. (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested.
Marginal note:Request in notice of application
(2) An applicant may include a request under subsection (1) in its notice of application.
Marginal note:Service of request
(3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties.
- SOR/2002-417, s. 19;
- SOR/2006-219, s. 11(F).
Marginal note:Material to be transmitted
318. (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit
(a) a certified copy of the requested material to the Registry and to the party making the request; or
(b) where the material cannot be reproduced, the original material to the Registry.
Marginal note:Objection by tribunal
(2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection.
Marginal note:Directions as to procedure
(3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2).
(4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.
Marginal note:Return of material
319. Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.
References from a Tribunal
Definition of “reference”
320. (1) In rules 321 to 323, “reference” means a reference to the Court made by a tribunal or by the Attorney General of Canada under section 18.3 of the Act.
Marginal note:Procedures on applications apply
(2) Subject to rules 321 to 323, rules 309 to 311 apply to references.
Marginal note:Notice of application on reference
321. A notice of application in respect of a reference shall set out
(a) the name of the court to which the application is addressed;
(b) the name of the applicant; and
(c) the question being referred.
- SOR/2004-283, s. 36.
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