Rule 17 - Audio and Visual Recording
of Hearings
No audio or visual recording of hearings without
authorization
17.01 No person shall take or attempt to take a photograph,
motion picture, audio recording or other record capable of producing
an audio or visual reproduction by electronic or other means at a Tribunal
hearing unless authorized by the Tribunal.
Exceptions to the general rule
17.02 Nothing in rule 17.01,
Requests for authorization
17.03 A request for authorization under Rule 17.01 may
be made to the Chair or the Vice-Chair presiding at a hearing at the
commencement of a hearing or, after a hearing has commenced.
Representations to Tribunal permitted
17.04 The Tribunal shall afford the parties and other
participants at a hearing an opportunity to make representations to
the Tribunal in respect of any application under Rule 17.01 or to vary
any authorization previously granted by the Tribunal.
Factors to be considered
17.05 On an application for authorization under Rule 17.01,
the Tribunal shall consider,
Authority may be withdrawn
17.07 Any authorization given under Rule 17.01 may be
withdrawn by the Tribunal before or during the hearing,
Temporary withdrawal of authority
17.08 A withdrawal of authorization may be temporary or
limited to accommodate any witnesses who may suffer undue discomfort
or prejudice if recording or media coverage is permitted.
Rule 18 - Compelling Attendance
of Witnesses
By Summons to witness
18.01 A party who requires the attendance of a person
as a witness at a hearing may serve the person with a summons to witness
which shall be in Form 1 requiring him or her to attend the hearing
at the time and place stated in the summons, and the summons may also
require the person to produce at the hearing the documents or other
things in his or her possession, control or power relating to the matters
in question in the appeal that are specified in the summons. Form 1
is appended to these rules of procedure.
Summons Request
18.02 On the request of a party or a solicitor or agent
representing a party, the chair or a vice-chair of the Tribunal may
sign and issue, or in the case of urgency, the secretary to the Tribunal
may sign and issue a summons to witness. Before the summons is signed,
the party or solicitor or agent shall complete the summons and include
the name of the witness.
Service and attendance money
18.03 A summons to witness shall be served on the witness
by the party requesting the summons, personally and, at the time of
service, attendance money in the amount provided under the Rules of
Civil Procedure shall be paid or tendered to the witness.
Lack of seal
18.04 The lack of a seal does not render a summons to
witness invalid.
Rule 19 - Particulars
Order for particulars
19.01 At any time in a proceeding the Tribunal may order
any party to provide to any other party and the Tribunal such further
particulars, information or documents as the Tribunal considers necessary
to enable the other party or the Tribunal to obtain a full and satisfactory
understanding of the subject of the proceeding.
Right to information
19.02 Where the good character, propriety of conduct or
competence of a party is an issue in a proceeding, the party is entitled
to be furnished with reasonable information of any such allegations
at least 10 business days before the hearing commences.
Contents of particulars
19.03 Particulars shall include a statement of what remedy
or order is being asked for, the basis for the request and the background
facts of the request.
