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

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.