Part II - Filing and Service of Documents

8. Filing Documents

8.01

Filing means the effective delivery of a document to the Registrar and its receipt by the Registrar.

8.02

All documents filed shall be legible and, unless the Registrar otherwise directs, shall be filed in quadruplicate.

8.03

A document may be filed by:

a. hand delivery;
b. courier service;
c. regular or registered mail;
d. facsimile;
e. other electronic transmission; or
f. any other means directed by the Tribunal.

8.04

The Registrar shall date stamp all documents when they are received and a document is deemed to be filed as of that date, subject to clause (c) of Rule 4.01.

8.05

Where a filing is made by facsimile, the document shall include a cover page containing the items set out in Rule 9.05.

8.06

A party may request confirmation from the Registrar that a document filed was properly received.

8.07

Where documents are filed by facsimile or other electronic transmission, the original and all copies required shall be delivered by noon on the next business day unless the Registrar otherwise directs.

8.08

A party shall forthwith serve all other parties with a copy of all documents filed with the Tribunal, subject to Rule 11.

9. Service

9.01

Service means the effective delivery of a document to a person or to the representative of that person.

9.02

Service may be made by:

a. hand delivery;
b. courier service;
c. regular or registered mail;
d. facsimile;
e. other electronic transmission; or
f. any other means directed by the Tribunal, including public advertisement, subject to such conditions as may be appropriate, including requiring a party or parties to pay the expense.

9.03

Service upon a representative is effective service upon the party he or she represents unless the Tribunal has ordered otherwise.

9.04

Where an oral or electronic hearing is in progress, service of a document may also be made:

a. by providing it to the parties or their representatives present at the hearing;
b. upon receipt of a request for it from a party who is not present personally or through a representative, by serving it on that party; or
c. by any other means directed by the Tribunal.

9.05

Where service is made by facsimile, the document shall include a cover page indicating:

a. the name, address, and telephone number of the sender;
b. the name of the person to be served;
c. the date and time the document is transmitted;
d. the total number of pages transmitted including the cover page;
e. the telephone number from which the document is transmitted; and
f. the name and telephone number of a person to contact if a problem arises with the transmission of the facsimile.

9.06

Service will be effective:

a. if the document is delivered by hand, courier, facsimile or by other electronic transmission, on the same day that the delivery is made, subject to Rule 4.01(c);
b. if the document is delivered by regular or registered mail, on the fifth day after the date of mailing;
c. if service is made by public advertisement, on the day of publication or the last day where there is more than one day of publication; or
d. if service is made by any other means, within the time frame directed by the Tribunal.

9.07

The Tribunal may direct a person who has served a document to file an affidavit of service that indicates how, when, and on whom service was made.

10. Public Record

10.01

Subject to Rule 11 and to the provisions of the Freedom of Information and Protection of Privacy Act protecting personal information, all documents that are filed in a proceeding pursuant to a filing requirement under, or imposed under, these Rules or that are received in evidence in a proceeding, except for documents filed in connection with a settlement conference, shall be placed on the public record.

11. Confidential Documents

11.01

A party or an interested person may bring a motion for an order that all or any part of a document filed with the Tribunal or served on the parties be held in confidence, provided that the motion is brought at the earliest opportunity.

11.02

A party or an interested person who moves that all or part of a document be held in confidence may request that the Tribunal:

a. consider the motion before the document is served on the parties, or
b. direct that only a summary of the document be served before the motion is heard and decided.

11.03

Any motion to hold a document in confidence shall:

a. address:
(i) the reasons for the request including the nature and extent of the specific harm that might result if the document were publicly disclosed; and
(ii) any objection to placing an abridged version of the document on the public record and the reasons for such an objection; and

b. be filed and served on the parties.

11.04

Where a motion has been made under this Rule to hold a document in confidence, if a party, or any person who was served with the motion, has received a copy of a document, that party, or other person, shall treat the document as if it were confidential until the Tribunal has made a decision in respect of the motion.

11.05

Any person may object to a motion for confidentiality by filing a response and serving it on the parties and the person who brought the motion.

11.06

After giving the person claiming confidentiality an opportunity to reply to an objection, the Tribunal may order that:

a. the document be placed on the public record;
b. the document be held in confidence;
c. the document be provided to certain parties and/or their representatives upon filing an undertaking of confidentiality; or
d. an abridged version of the document be placed on the public record;

and may make such other order as it considers just.

11.07

In considering a request under this Rule, the Tribunal shall apply the criteria in Rule 28.02

11.08

Where the Tribunal orders a document to be held in confidence, the portion of the hearing that deals with the document will be held in the absence of the public.