Part V - Hearings
20. Hearing
The Tribunal shall set the hearing dates and determine the location and format of the hearing. Once the Registrar fixes the dates of the hearing, they cannot be modified without the permission of the Tribunal.
20.02
The Tribunal may hold:
(a) an oral hearing;
(b) a written hearing;
(c) an electronic hearing; or
(d) a hearing that combines two or more of the above formats.
20.03
In deciding whether to hold a written or electronic hearing in lieu of an oral hearing, or to hold a hearing in a combination of formats, the Tribunal shall consider whether an alternative hearing format will likely cause any party significant prejudice and may consider any relevant factors, including:
(a) the subject matter of the hearing;
(b) the nature of the evidence, including whether credibility is an 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 length or delay;
(g) ensuring a fair and understandable process;
(h) the desirability of facilitating public participation or public access to the Tribunal’s process;
(i) any other relevant factors affecting the fulfilment of the Tribunal’s statutory mandate.
21. Notice of Hearing
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.
21.02
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.
21.03
In addition to meeting the requirements in Rule 21.02, 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.
21.04
In addition to meeting the requirements in Rule 21.02, every Notice of Hearing for a written hearing shall include:
(a) a statement about the manner in which the hearing will be held;
(b) unless the Tribunal has already made an order dealing with the format of the hearing, a statement that the hearing will not be held as a written hearing if any party who has not already consented to a written hearing satisfies the Tribunal that there is good reason not to hold a written hearing; and
(c) an indication of the procedure to be followed for objecting to a written hearing.
21.05
In addition to meeting the requirements in Rule 21.02, every Notice of Hearing for an electronic hearing shall include:
(a) a statement about the manner in which the hearing will be held; and
(b) unless the Tribunal has already made an order dealing with the format of the hearing, a statement that the hearing will not be held as an electronic hearing if any party who has not already consented to an electronic hearing satisfies the Tribunal that holding the hearing as an electronic hearing is likely to cause the party significant prejudice; and
(c) an indication of the procedure to be followed for objecting to an electronic hearing.
22. Change in Hearing Format
22.01
A party who has not already consented to the holding of a written or electronic hearing may object to the holding of such a hearing by filing and serving its objection within 14 days after the Notice of Hearing was given.
22.02
Any other party may file and serve a written response to an objection filed pursuant to Rule 22.01 within seven days of service of the objection.
22.03
If the Tribunal receives an objection pursuant to Rule 22.01, and is satisfied that an electronic or written hearing would likely cause significant prejudice to the objecting party or that there is other good reason for not holding such a hearing, it may cancel the written or electronic hearing and schedule a different form of hearing.
22.04
The Tribunal may change the format of the hearing at any time as it deems it appropriate.
23. Hearings in the Absence of the Public
23.01
Subject to Rule 23.02, 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.
23.02
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.
23.03
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.
23.04
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.
24. Recording of Hearing and Transcripts
24.01
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.
24.02
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.
24.03
A party or parties who have ordered all or a portion of a transcript must provide the Tribunal with an original certified copy thereof, as provided by the court reporter and such additional original certified copies, not exceeding three, as may be directed by the Registrar, at no cost.
24.04
No person shall make a visual or audio recording of any part of a proceeding before the Tribunal unless authorized by the Tribunal.
The Tribunal may adjourn a hearing on such conditions as it considers just.