9. (1) Subject to subsection (2), where an appeal has been disposed of or the time for appealing has expired, the chairman of a board shall cause the registrar to return the exhibits referred to in section 8 to the parties who tendered the exhibits in evidence.
(2) Where an appeal referred to in subsection (1) is allowed and a new hearing ordered under paragraph 45.16(2)(b) or 45.26(2)(b) of the Act, the exhibits shall be transmitted to the board appointed to conduct the new hearing.
- SOR/90-790, s. 2.
10. The parties may admit any fact for the purpose of dispensing with proof thereof.
11. (1) Any person who seeks standing before a board appointed pursuant to subsection 24.1(1) of the Act, who claims to have a substantial and direct interest in the subject-matter of a hearing, shall file with the registrar a Notice of Intervention not later than 14 days before the date of the hearing.
(2) A Notice of Intervention shall
(a) describe the interest of the intervenor;
(b) contain a clear and concise statement of the facts and grounds on which the intervenor bases the application;
(c) state whether the intervenor intends to appear at the hearing;
(d) state the full name, address and telephone number of the intervenor or the intervenor’s agent; and
(e) be signed by the intervenor or the intervenor’s agent.
(3) A board shall consider the Notice of Intervention and determine whether, in the opinion of the board, it is desirable in the interests of justice that the intervenor be granted standing at the hearing.
(4) The registrar shall notify the intervenor of the decision of the board with respect to the Notice of Intervention.
(5) Where an intervenor has been granted standing at a hearing, all parties shall be given a copy of the Notice of Intervention and a copy of the decision of the board in respect thereof.
ATTENDANCE OF BOARD MEMBERS
12. All board members shall be present during the course of a hearing.
13. (1) Where allegations of contraventions of the Code of Conduct are made against a member, and where the interests of justice so require, a board may direct that separate hearings be held on one or more of the alleged contraventions.
(2) Where allegations of contraventions of the Code of Conduct are made against two or more members, and where the interests of justice so require, a board may direct that separate hearings for each member be held on the alleged contraventions.
14. (1) Where a member whose conduct is the subject of a hearing has been notified of the date, time and place of the hearing and fails to attend without reasonable cause, the member shall be deemed to waive the right to be present at the hearing and the board may proceed ex parte to hear and determine the matter in the absence of that member.
(2) Notwithstanding subsection (1), where the board proceeds to hold the hearing in the member’s absence, the member may, at any time before the end of the hearing, notify the registrar of the intention of the member to attend the hearing and, in the event of that notification, the board shall permit the member to be present at the hearing.
- SOR/90-790, s. 3.
- Date modified: