Part VIII - Parties and Participation

38. Party Status

38.01

A person who is not a party and is interested in actively participating in a proceeding as a party shall file a written Application for Party Status in Form 4 and serve it on the other parties;

a. before the scheduled date of any pre-hearing conference, so that the Application can be dealt with at that conference; or
b. in accordance with the terms of the Notice of Hearing.

A party who objects to party status being granted to a person shall file and serve an objection, and the person may respond to the objection.

Applications for party status may be dealt with by the Tribunal based on the material filed.

In deciding whether to make an order granting a person party status, the Tribunal may consider:

a. the nature of the proceeding;
b. the issues;
c. whether the person has a material interest in the outcome of the proceeding;
d. the likelihood of the person being able to make a useful and different contribution to the understanding of the issues;
e. any delay or prejudice to the parties; and
f. any other matter it considers relevant.

39. Levels of Participation

39.01

The Tribunal may, by order, grant party status to a person who has applied for such status, but may, by the terms of the order, restrict or impose conditions upon that person's participation as a party.

A person who participates in a proceeding shall comply with any restrictions or conditions set by the Tribunal in granting party status.

40. Parties Acting in a Representative Capacity

40.01

Where a party is a union, a union local, another organization or a group of individuals, acting, in whole or in part, in a representative capacity, that party is subject to all of the rights and responsibilities of a party, including the right to enter into a definitive settlement agreement in respect of any or all of the matters at issue in the proceeding, and exposure to an order for costs, as if the party were acting in a purely personal or non-representative capacity.

41. Withdrawal

41.01

A requester or appellant may withdraw a Request for Hearing or a Notice of Appeal before the Tribunal:

a. prior to the hearing, by filing a notice or letter of withdrawal signed by the party or his or her representative and serving the notice or letter on the other parties; or,
b. during the hearing, by bringing a motion with the permission of the Tribunal.

A responding party may discontinue participation in a proceeding
a. prior to the hearing, by filing a notice or letter of discontinuance, signed by the party or his or her representative, and serving the notice or letter on the other parties; or
b. during the hearing, by bringing a motion with the permission of the Tribunal.

The Tribunal may impose conditions on any withdrawal or discontinuance as it considers appropriate.

Where a party withdraws or discontinues under this Rule 41, another party may request an order for costs from that party, so long as the request is filed and served within 14 days of service of the notice or letter of withdrawal or discontinuance or the disposition of the motion to withdraw or discontinue, as the case may be.

Where a proceeding is ongoing, evidence received by the Tribunal from a responding party that has discontinued in accordance with this Rule shall remain on the record and the party who filed the evidence is subject to interrogatories in accordance with Rules 19 and 20 notwithstanding the discontinuance.