Patented Medicine Prices Review Board Rules of Practice and Procedure (SOR/2012-247)

Marginal note:Content of notice of hearing

• 16 (1) A notice of hearing issued by the Board must

  • (a) specify the date and time of the teleconference referred to in Rule 22;

  • (b) contain a statement of the purpose of the hearing;

  • (c) state that the hearing will be held in public unless, on representations made by a respondent, the Board is satisfied that specific, direct and substantial harm would be caused to the respondent by the disclosure of information or documents relating to the hearing;

  • (d) be accompanied by a schedule of events; and

  • (e) contain any other information that the Board considers appropriate.

• Marginal note:Public notice

  (2) The Secretary must give public notice of each hearing in the Canada Gazette and in any other manner that the Chairperson may direct.

Record of Proceeding

Marginal note:Contents

17 Subject to section 87 and subsection 88(4) of the Act, if the Board issues a notice of hearing, the Secretary must establish a record of the proceeding that includes

• (a) the notice of hearing;

• (b) any document filed with the Secretary by a party in relation to the proceeding;

• (c) any direction, decision, notice or order of the Board in relation to the proceeding;

• (d) the transcript of any pre-hearing conference;

• (e) the transcript of the hearing in relation to the proceeding; and

• (f) any other document or information that is directed by the Board to be placed on the record of the proceeding.

Response

Marginal note:Filing of response

• 18 (1) A respondent who wishes to oppose the making of an order sought by Board Staff that is set out in a statement of allegation or in a notice of application must, within 20 days after being served with the notice of hearing, file with the Secretary and serve on all other parties a response that is dated and signed by the respondent.

• Marginal note:Content of response

  (2) A response must be set out in consecutively numbered paragraphs and must include

  • (a) an admission or denial of each ground or material fact set out in the statement of allegation or notice of application;

  • (b) the grounds on which the proposed order is opposed and the material facts on which the respondent is relying;

  • (c) the name and address of the person on whom service of any document in relation to the proceeding may be effected.

• Marginal note:No response filed

  (3) If a respondent has not filed a response within the period set out in subsection (1), the Board may, where the Board is satisfied that a copy of the notice of hearing was served on the respondent and where the Board has received any evidence that it required the respondent to provide, make any finding and issue any order that the Board considers appropriate under section 83 of the Act.

Reply

Marginal note:Filing of reply

• 19 (1) If Board Staff wishes to reply to the response it must, within 20 days after being served with the response, file with the Board and serve on all other parties a reply that is dated and signed by Board Staff.

• Marginal note:Content of reply

  (2) A reply must be set out in consecutively numbered paragraphs and must set out an admission or denial of each ground or material fact that was set out in the response.

• Marginal note:No reply filed

  (3) If Board Staff does not file a reply, it is deemed to have denied each ground and each material fact alleged in the response.

Intervention

Marginal note:Motion for leave to intervene

• 20 (1) Any person who claims an interest in the subject-matter of a proceeding may, within any period and under any conditions that the Board may specify, bring a motion to the Board for leave to intervene in the proceeding.

• Marginal note:Content of motion for leave to intervene

  (2) A motion for leave to intervene must set out

  • (a) the name and address of the proposed intervener and of any counsel representing the intervener;

  • (b) a concise statement of the nature of the proposed intervener’s interest in the hearing and the reasons the intervention is necessary;

  • (c) a concise statement of the facts upon which the motion is based; and

  • (d) the issues that the proposed intervener intends to address.

• Marginal note:Filing of motion

  (3) A motion for leave to intervene must be filed with the Board and served on the parties in accordance with Rule 10.

• Marginal note:Filing of representations

  (4) The parties who are served with a motion for leave to intervene may make submissions with respect to the motion by filing their submissions with the Board and serving a copy of the submissions on the person seeking leave to intervene.

• Marginal note:Factors considered by the Board

  (5) Subject to section 87 of the Act, if a person has moved to intervene in a proceeding, the Board may grant or deny the intervention and impose any conditions or restrictions on the intervention that it determines to be appropriate after considering relevant factors, including

  • (a) whether the person has an interest in the proceeding that is sufficient to warrant the intervention;

  • (b) whether the intervention will prejudice any party to the proceeding; and

  • (c) whether the intervention will interfere with the fair and expeditious conduct of the proceeding.

Appearance by Minister

Marginal note:Filing of notice of appearance

• 21 (1) A concerned minister who intends to appear and make representations with respect to a matter that is before the Board must, within 20 days after being served with the notice of hearing, file with the Board and serve on all parties a notice of appearance that is dated and signed by the concerned minister.

• Marginal note:Content of notice of appearance

  (2) A notice of appearance must set out the name and address of the individual on whom service of any document intended for the concerned minister may be effected and must be accompanied by

  • (a) a concise statement of the representations that the concerned minister intends to make and the material facts on which the concerned minister is relying, and

  • (b) a list of the documents that may be used in evidence to support the material facts on which the concerned minister is relying.

• Marginal note:No notice of appearance filed

  (3) A concerned minister who has not filed a notice of appearance within the period set out in subsection (1) need no longer be served by the parties.

Case Management Conference

Marginal note:Teleconference

22 The Secretary must convene a teleconference with counsel to be held no later than 45 days following the issuance of the notice of hearing for the purpose of

• (a) fixing the hearing schedule;

• (b) establishing the official language the parties wish to use during the proceeding;

• (c) discussing the filing of evidence by the parties;

• (d) considering the procedure to be followed and means of expediting the hearing, including determining whether written submissions will be submitted;

• (e) determining the expected duration of the hearing;

• (f) facilitating the exchange among the parties of information and documents to be submitted at the hearing; and

• (g) identifying other issues to be resolved.

Pre-hearing Conference

Marginal note:Purpose

• 23 (1) The parties must appear before the Board at the date, time and place fixed by the Board for a pre-hearing conference for the purpose of

  • (a) identifying or circumscribing the issues;

  • (b) allowing the Board to receive and consider representations referred to in subsection 86(1) of the Act and determine whether the hearing will be held in private; and

  • (c) resolving any other issue that may facilitate the conduct of the hearing.

• Marginal note:Teleconference or written submissions

  (2) The Board may direct that issues referred to in subsection (1) be addressed during a teleconference with the parties or in written submissions to be filed with the Secretary in any manner that the Board may determine.

• Marginal note:Filing and content of written submissions

  (3) The Board may require any party who participates in the pre-hearing conference to file and serve, at any time before or during the pre-hearing conference and in any manner that the Board may determine, a written submission setting out any information that the Board considers necessary to expedite the proceeding, including a concise statement of any procedural issues or questions on the merits that the party intends to raise at the hearing.

• Marginal note:Postponement, suspension or adjournment

  (4) The Board may, if necessary, postpone, suspend or adjourn and may reconvene a pre-hearing conference on any conditions that the Board considers appropriate.

Subpoenas

Marginal note:Issuance of subpoena

• 24 (1) In any proceeding, the Board may, on its own motion or on motion by a party, issue a subpoena for the attendance of witnesses and for the production or inspection of documents.

• Marginal note:Reasons for subpoena

  (2) If a party applies to the Board for a subpoena, the party must provide reasons in support of the issuance of the subpoena and must identify the person and documents or information to be named in the subpoena and their relevance to the proceeding.

• Marginal note:Subpoena signed and issued

  (3) A subpoena that is issued by the Board must be signed by the Secretary and served by the Board or the party who applied for the subpoena, as the case may be, by personal service in accordance with Rule 11 on the person summoned to appear before the Board, at least five days before the day fixed for that person’s appearance.

Motion for Interlocutory Relief

Marginal note:Notice of motion

• 25 (1) Interlocutory matters must be commenced by notice of motion.

• Marginal note:Content of notice of motion

  (2) A notice of motion must

  • (a) set out the relief sought, the grounds for the motion and the official language or languages that the moving party wishes to use at the hearing of the motion;

  • (b) be accompanied by an affidavit that sets out the facts on which the motion is based that do not appear on the record of the proceeding;

  • (c) be accompanied by written submissions that set out a summary of the points at issue, a concise statement of submissions, a concise statement of the order sought and a list of authorities to be referred to; and

  • (d) be signed and dated by the moving party.

• Marginal note:Filing requirements

  (3) The moving party must file the notice of motion and accompanying memorandum and affidavit with the Board and must serve a copy of each of them on each party in accordance with Rule 10.

• Marginal note:Hearing date

  (4) The date fixed for the hearing of a motion must not be earlier than two days after the date of service of the documents referred to in subsection (3).

Marginal note:Testimony by affidavit

• 26 (1) Subject to subsection (2), the testimony before the Board on a motion in an interlocutory matter must be by affidavit.

• Marginal note:Oral testimony and cross-examination

  (2) The Board, before or during the hearing of a motion on an interlocutory matter, may grant leave for

  • (a) a witness to give testimony orally in relation to any points at issues raised in the motion; and

  • (b) the cross-examination of any person making an affidavit.

Marginal note:Pre-hearing conference

• 27 (1) If a pre-hearing conference is held under Rule 23, any motion for interlocutory relief must be made at that pre-hearing conference.

• Marginal note:Motion to be heard by Board

  (2) If no pre-hearing conference is held, or the pre-hearing conference has ended before the filing of a notice of motion, any motion on an interlocutory matter must be heard by the Board at a date, time and place that is fixed by the Board.

Hearings

Marginal note:Location of hearings

28 Hearings must be held at the principal office of the Board.

Marginal note:Postponement, suspension or adjournment

• 29 (1) The Board may, if necessary, postpone, suspend or adjourn and reconvene a hearing.

• Marginal note:Notice of postponement

  (2) If the Board postpones a hearing, it must give notice of the postponement to the parties as soon as possible.

Submissions

Marginal note:Written submissions

30 The Board may direct that written submissions be presented by the parties in addition to or instead of oral representations and may give any directions with respect to time limits relating to those submissions that it considers appropriate.

Directions, Decisions and Orders

Marginal note:New hearing

31 The Board may reconvene a hearing in order to receive further evidence relating to the subject-matter of the original hearing or may rehear any matter in whole or in part before giving any direction or making any decision or order relating to the hearing.

Marginal note:Form of directions, decisions and orders

32 The Board may give directions, issue decisions and make orders in any form that it considers appropriate.

Marginal note:Written reasons

• 33 (1) If the Board makes an order under the Act, it must issue written reasons for the order, if possible within 180 days after the completion of the hearing on the merits.

• Marginal note:Publication

  (2) Every order of the Board under the Act must be published in the Canada Gazette and may also be published in any other publication that the Chairperson designates.

Marginal note:Effective date

34 The effective date of any direction, decision or order of the Board is the date on which it is given, issued or made, unless the Board specifies a later date.

Marginal note:Technical irregularities and procedural directions, decisions and orders

35 The Board may

• (a) vary or rescind any procedural direction, decision or order given, issued or made under these Rules; and

• (b) correct a technical irregularity in any direction, decision or order given, issued or made by the Board.

Coming into Force

Marginal note:Registration

36 These Rules come into force on the day on which they are registered.