Rule 17 - Audio and Visual Recording of Hearings

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,

Rules for recording of hearings

17.06 In making a recording authorized by the Tribunal under Rule 17.01,

Authority may be withdrawn

17.07 Any authorization given under Rule 17.01 may be withdrawn by the Tribunal before or during the hearing,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.

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