Marginal note:Examination outside hearing
(2) In giving its consent under subsection (1), the Commission shall give directions regarding the time, place and manner of the examination, the notice to be given to the person being examined and to the other parties, the attendance of any other witnesses and the production of any requested documents or other material.
(3) Other parties may cross-examine any person examined outside a hearing.
Marginal note:Copies of transcript
(4) A party submitting transcribed evidence shall provide a copy of the transcript, at its own expense, to the Commission and to all other parties.
Marginal note:Adverse witnesses
31 (1) Subject to subsection (4), a party may call another party as a witness at a hearing by requesting that a subpoena be delivered and travel expenses be paid to that party in accordance with subsections 28(1) and (2).
(2) If the other party is a corporation, it shall provide as a witness an officer or director of the corporation who has knowledge of the facts in issue.
Marginal note:First nation
(3) If the other party is a first nation, it shall provide as a witness the person who administers the taxes of the first nation or another person who has knowledge of the facts in issue.
(4) A party shall give another party at least five business days notice of its intention to call that party or a person referred to in subsection (2) or (3) as a witness, unless the other party or that person is in attendance at the hearing.
Compliance and Costs
32 If an applicant fails to comply with these Regulations, the Commission may dismiss the request for review.
Marginal note:Time periods variable
33 The Commission may, on the application of a party, extend or shorten any period provided for in these Regulations.
34 If it is necessary to secure the just, expeditious or inexpensive hearing of a request for review, or to accommodate the customs or culture of the first nation in respect of which a hearing is held, the Commission may vary any procedure provided for by these Regulations.
35 No costs shall be awarded in any review.
Marginal note:Decisions of the Commission
(2) A decision or order of the Commission, and the accompanying reasons, shall be published in the First Nations Gazette or on an Internet site maintained by the Commission.
Marginal note:Provision of copies
(3) The Commission shall provide a copy of each decision, order and accompanying reasons to all parties and intervenors and make copies of them available for inspection by the public at its offices.
Marginal note:Compliance period
(4) An order made under paragraph 33(3)(a) of the Act shall set out the period within which the first nation shall implement the required remedy.
Reviews Under Subsection 33(2) of the Act
Marginal note:Notice of review
Marginal note:Content of notice
(2) The notice of review shall
(a) if the Commission is of the opinion that the first nation has not complied with the Act or a regulation, identify the provision of the Act or regulation in question and the reason that the Commission believes it has not been complied with; and
(b) if the Commission is of the opinion that the first nation has unfairly or improperly applied a law, identify the law in question and the reason that the Commission believes it has been unfairly or improperly applied.
Marginal note:Production of documents
(3) The notice of review may require a first nation to produce any documents set out in the notice relating to the subject of the review.
Marginal note:Publication of notice
(4) Within 10 business days after the delivery of a notice of review, the Commission shall publish a notice of the proposed review on an Internet site maintained by the Commission and deliver a copy of the notice to the First Nations Financial Management Board.
Marginal note:Reply by first nation
Marginal note:Content of reply
(2) A reply to a notice of review shall identify the notice to which the reply relates and set out
(a) the name, address and telephone number, and any available fax number and e-mail address, of the first nation and of any representative acting on behalf of the first nation;
(b) an address for delivery of documents, if different from the address of the first nation or its representative;
(c) an outline of the position that the first nation takes in response to the allegations set out in the notice;
(d) an admission or denial of each allegation of fact contained in the notice;
(e) a concise statement of any additional facts and any law on which the first nation intends to rely; and
(f) any other information that the first nation believes the Commission requires in order to conduct the review.
Marginal note:Failure to reply
(3) If a first nation fails to file a reply, the Commission may proceed with the review.
Marginal note:Statutory declarations
Marginal note:Cross-examination on declaration
(2) A party who has submitted a statutory declaration shall make the deponent of the declaration available for cross-examination by the Commission on the content of the declaration.
Marginal note:Evidence and information
40 In conducting a review, the Commission may
(a) accept evidence that is not given on oath or evidence that would not ordinarily be admissible in a court of law;
(b) at the request of a party, require another party to provide the Commission with any documents necessary to the conduct of its review; and
(c) direct that written submissions be filed.
Marginal note:Adding intervenor
Marginal note:Receipt of application
(2) On receipt of an application under subsection (1), the Commission may
Marginal note:Adding Board as intervenor
(3) If the First Nations Financial Management Board makes an application in accordance with subsection (1), the Commission shall add the Board as an intervenor for the purpose of making representations as to the impact of any potential remedy.
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