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) electronic mail; 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 9.06.
8.06 Where a filing is made by electronic mail, the document shall be attached to an electronic mail message containing the items set out in Rule 9.07.
8.07 A party may request confirmation from the Registrar that a document filed was properly received.
8.08 Where documents are filed by facsimile or electronic mail, the original and the required number of copies shall be delivered by noon on the next business day unless the Registrar otherwise directs.
8.09
A party shall forthwith serve all other parties with a copy of all documents filed with the Registrar, subject to Rule 11.
8.10
Depending on the composition of the panel, any party who wishes to file documents with the Tribunal is required to have four copies (for a panel of three), three copies (for a panel of two) or two copies (for a panel of one) available at the hearing. Additionally, any Agreed Statement of Facts, Agreed Book of Documents, written submissions and Book of Authorities shall be filed with the Registrar in four copies (for a panel of three), three copies (for a panel of two) or two copies (for a panel of one).
8.11
When parties file an Agreed Statement of Facts and written submissions with the Registrar, they shall provide the Registrar with an electronic copy of the document in Word format.
Service means the delivery of a document to a person or to the representative of that person in accordance with these Rules.
9.02 Service may be made by: (a) hand delivery; (b) courier service; (c) regular or registered mail; (d) facsimile; (e) electronic mail, subject to Rule 9.03; 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 may be made by sending a copy of the document by electronic mail provided the recipient has consented to the delivery of documents in this manner. In addition, the Tribunal may make an order permitting a party to serve documents by electronic mail if another party unreasonably withholds consent.
9.04 Service upon a representative is effective service upon the party he or she represents unless the Tribunal has ordered otherwise.
9.05
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) by any other means directed by the Tribunal.
9.06 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.
9.07
Where service is made by electronic mail, the document shall be attached to an electronic mail message that shall include: (a) the sender’s name, address, telephone number and electronic mail address; and
(b) the date and time of transmission.
9.08
Service will be effective: (a) if the document is delivered by hand, courier or facsimile, on the same day that the delivery is made;
(b) if the document is delivered by regular or registered mail, on the fifth day after the date of mailing;
(c) if the document is delivered by electronic mail, on the day the electronic message is sent;
(d) 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
(e) if service is made by any other means, within the time frame directed by the Tribunal.
9.09 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 and Regulations protecting personal information, and further subject also to the provisions of the Tribunal Adjudicative Records Act, 2019 and Regulations, 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, 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
Any motion to hold a document in confidence shall:
(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 23.02.