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Part IX - Appeal from Decision or Order of the Superintendent

42. The Parties on an Appeal

42.01

    The parties to an appeal from a decision or order of the Superintendent are the person who has commenced the appeal, the Superintendent, the other parties in the proceeding before the Superintendent, and such other persons as the Tribunal may, by order, add as parties.

43. Appeal Process

43.01

    The Superintendent shall provide a record for an appeal, subject to any specific directions of the Tribunal.

43.02

    Subject to Rule 43.03, no party to an appeal shall enter, file or rely upon any evidence in the appeal that was not before the Superintendent.

43.03

    The Tribunal may allow new evidence in an appeal provided that the evidence was not reasonably available to the party tendering it at the time the Superintendent considered the matter and the evidence is significant to the issues raised in the appeal.

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