Public Servants Disclosure Protection Tribunal Rules of Procedure (SOR/2011-170)

Marginal note:Remedy applications

21. In relation to an application for an order respecting a remedy, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under Rule 6:

• (a) in the case of the Commissioner, within 20 days after the date of the notice;

• (b) in the case of the complainant, within 35 days after the date of the notice;

• (c) in the case of the complainant’s employer or the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, within 50 days after the date of the notice;

• (d) in the case of the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal, within 50 days after the date of the notice; and

• (e) in the case of a party that is added to the proceedings under subsection 21.4(3) of the Act,

  • (i) if they are added before the date of the notice, within 50 days after the date of the notice, and

  • (ii) if they are added after the date of the notice, within the later of 50 days after the date of the notice and 20 days after the day on which they are added to the proceedings.

Marginal note:Disciplinary applications — registrar

• 22. (1) If the Commissioner makes an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act and the Tribunal determines that a reprisal was taken against the complainant, the registrar must

  • (a) serve each party referred to in subsection 21.5(5) of the Act with a copy of the reasons issued by the Tribunal under subsection 21.5(3) of the Act; and

  • (b) after that is completed, provide each party with notice that all parties have been served with the reasons.

• Marginal note:Disciplinary applications — time limit

  (2) In relation to an application for an order respecting disciplinary action, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under paragraph (1)(b):

  • (a) in the case of the Commissioner, within 20 days after the date of the notice;

  • (b) in the case of a person designated by the Tribunal under subsection 21.5(5) of the Act, within 35 days after the date of the notice; and

  • (c) in the case of the person against whom the disciplinary action would be taken, within 50 days after the date of the notice.

Marginal note:Content and time limits

23. The Commissioner may file a reply that sets out the arguments that he or she intends to make in rebuttal to facts or issues that were raised in another party’s statement of particulars. The reply must be filed

• (a) in the case of an application for a remedy, within 65 days after the date of the registrar’s notice under Rule 6; and

• (b) in the case of an application for disciplinary action, within 65 days after the date of the registrar’s notice under paragraph 22(1)(b).