Part V - Hearings

21. Hearing Format

21.01

The Tribunal may hold:

a. an oral hearing;
b. a written hearing;
c. an electronic hearing; or
d. a hearing that combines one or more of the above formats.

22. Notice of Hearing

22.01

The Tribunal shall set the hearing dates and determine the location and format of the hearing.

22.02

The Tribunal shall provide, or direct the giving of, written Notice of Hearing to the parties and other persons as the Tribunal determines or requires.

22.03

Every Notice of Hearing shall include,

a. a reference to the statutory authority under which the hearing is being held;
b. a statement of the dates, time and the purpose of the hearing;
c. a statement that if a party does not attend or participate at the hearing, the Tribunal may proceed in the party's absence and the party will not be entitled to any further notice in the proceeding;
d. if appropriate in the circumstances, a statement relating to persons not named as parties, setting out their right to request party status by a certain date, the manner of making such a request, and their rights regarding attending or participating in the hearing if such status is not obtained; and
e. any other information the Tribunal considers necessary for the proper conduct of the hearing.

23. Notice of an Oral Hearing

23.01

In addition to meeting the requirements in Rule 22.03, every Notice of Hearing for an oral hearing shall include,

a. the place of the hearing; and
b. a statement that the hearing will be open to the public unless the Tribunal directs otherwise.

24. Notice of an Electronic Hearing

24.01

In addition to meeting the requirements in Rule 22.03, a Notice of Hearing for an electronic hearing shall include,

a. details about the manner in which the hearing will be held; and
b. a statement that a party may, by satisfying the Tribunal that holding the hearing as an electronic hearing is likely to cause the party significant prejudice, require the Tribunal to hold the hearing as an oral hearing, and an indication of the procedure to be followed for that purpose.

25. Electronic Hearing

25.01

In deciding whether to hold an electronic hearing, the Tribunal shall consider whether holding the hearing electronically will likely cause any party significant prejudice and may consider any relevant factors, including:

a. the suitability of the electronic technology for the subject matter of the hearing;
b. whether the nature of the evidence is appropriate for an electronic hearing, including whether credibility is in issue and the extent to which facts are in dispute;
c. the extent to which the matters in dispute are questions of law;
d. the convenience of the parties;
e. the cost, efficiency and timeliness of the proceeding;
f. avoidance of unnecessary delay;
g. ensuring a fair and understandable process;
h. the desirability or necessity of public participation or public access to the Tribunal's process;
i. any other relevant factors affecting the fulfilment of the Tribunal's statutory mandate.

25.02

A party who has not already consented to an electronic hearing may object to the holding of an electronic hearing the purpose of which is not limited to dealing with procedural matters by filing and serving an objection within 14 days after the Notice of Hearing was given.

25.03

A party may file and serve a written response to the objection within seven days of receiving the objection.

25.04

If the Tribunal receives an objection, it may cancel the electronic hearing and schedule an oral or written hearing if it finds that holding an electronic hearing would likely cause significant prejudice to the objecting party, or proceed with the electronic hearing.

25.05

The Tribunal may impose conditions on the holding of an electronic hearing and may decide who will set up the electronic hearing and which party or parties are to pay all or part of the cost of the facilities required for the hearing.

25.06

The Tribunal may continue an electronic hearing as an oral hearing whenever it deems it appropriate.

26. Notice of a Written Hearing

26.01

In addition to meeting the requirements in Rule 22.03, every Notice of Hearing for a written hearing shall include:

a. a statement of the details about the manner in which the hearing will be held;
b. a statement that the hearing shall not be held as a written hearing if a party satisfies the Tribunal that there is good reason not to hold a written hearing and an indication of the procedure to be followed for that purpose.

27. Written Hearing

27.01

Where the Tribunal holds a written hearing, it may dispose of the proceeding on the basis of the documentary evidence and submissions filed with it in the written hearing.

27.02

A party who has not already consented to holding a written hearing may object to the holding of a written hearing by filing and serving its objection within 14 days after the Notice of Hearing was given.

27.03

A party may file and serve a written response to the objection within seven days of service of the objection.

27.04

If the Tribunal receives an objection, it may cancel the written hearing and schedule an oral hearing or an electronic hearing if the objecting party satisfies it that there is a good reason for not holding a written hearing.

27.05

The Tribunal may continue a written hearing as an oral hearing or an electronic hearing whenever it deems it appropriate.

28. Hearings in the Absence of the Public

28.01

Subject to Rule 28.02, a hearing shall be:

a. in the case of an oral hearing, open to the public;
b. in the case of an electronic hearing, open to the public unless it is not practical to hold the hearing in a manner that is open to the public; and
c. in the case of a written hearing, open to the public in the sense that the public are entitled to reasonable access to the documentary evidence and submissions filed in the written hearing.

28.02

The Tribunal may direct that a hearing, or part of a hearing, be held in the absence of the public if it is of the opinion that:

a. matters involving public security may be disclosed; or
b. intimate financial or personal matters or other matters may be disclosed at the hearing of such a nature that, having regard to the circumstances, the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.

28.03

Where the Tribunal directs that a hearing, or part of a hearing, be held in the absence of the public, the Tribunal may set conditions regarding the rights and obligations of the parties and persons permitted to attend the hearing.

28.04

In exceptional circumstances, the Tribunal may direct that part of a hearing be held in the absence of a party and set conditions in respect of the conduct of that part of the hearing.

29. Recording of Hearing and Transcripts

29.01

A party at its own expense may arrange a court reporter to record all or any part of a hearing that the Tribunal does not arrange to have recorded or, with the leave of the Tribunal, all or any part of a pre-hearing conference or a hearing on a motion.

29.02

Where all or any part of a hearing, a pre-hearing conference or a hearing on a motion has been recorded by a court reporter, a party may obtain a copy of all or a portion of the transcript at its own expense from the court reporter.

29.03

A party or parties who have ordered all or a portion of a transcript must provide the Tribunal with a copy thereof, and such additional copies, not exceeding three, as may be directed by the Registrar, at no cost.

29.04

No person shall make a visual or audio recording of any part of a proceeding before the Tribunal unless authorized by the Tribunal.

30. Adjournments

30.01

The Tribunal may adjourn a hearing on such conditions as it considers just.