3. These Regulations apply in respect of:
(a) an appeal made pursuant to subsection 20(1) of the Act; and
(b) an application made pursuant to subsection 26(1) of the Act.
- SOR/2008-262, s. 4(F).
PART IAPPEALS AND APPLICATIONS
Statement of Appeal
4. A statement of appeal shall be in Form 1 of the schedule and shall be filed with the Chief Appeals Officer pursuant to subsection 20(1) of the Act within 45 days after the date of publication in the Canada Gazette of the notice published pursuant to section 18 of the Act in respect of the decision, order or undertaking that is the subject of the appeal.
- SOR/2008-262, s. 13.
5. (1) An application shall
(a) be in Form 2 of the schedule;
(b) be filed with the appeal board; and
(c) contain a full statement of the reasons, facts and circumstances supporting the application.
(2) A statement of appeal may include an application.
Simultaneous Hearing of an Appeal and an Application
6. The appeal board may hear an application at the same time as an appeal where
(a) the application is
(i) included with a statement of appeal, or
(ii) made at any other time before the conclusion of an appeal proceeding;
(b) the appeal board believes that hearing the application at that time would avoid duplication of proceedings; and
(c) the appeal board considers it convenient to hear the application at that time.
Access to Record of Screening Officer
7. (1) The Chief Appeals Officer shall, on the filing of a statement of appeal in accordance with section 4, require the Chief Screening Officer to transmit to the Appeals Division the record pertaining to the decision, order or undertaking that is the subject of the appeal.
(2) Where a party requests, for the purpose of participation in an appeal, access to the record of the screening officer pertaining to the decision, order or undertaking being appealed, the appeal board shall, subject to subsection (3), permit the party to view the record and to make copies thereof at the party’s expense.
(3) Where a record referred to in subsection (2) contains confidential business information or confidential information that was not provided by the requesting party and that can be readily separated from the record, the appeal board shall sever the information from the record and
(a) permit the party to view and copy only those portions of the record that contain information that is not
(i) confidential business information, or
(ii) confidential information; and
(b) subject to subsections (5), (6) and (7), permit the party’s counsel or an expert who assists the counsel to view and, if the appeal board so directs, copy any confidential information.
(4) A counsel or an expert who assists the counsel may sign and file with the appeal board, and shall serve on the other parties, a copy of an affirmation and promise in Form 5 of the schedule if the counsel or the expert
(a) is ordinarily resident in Canada;
(b) is not an employee, officer, director or major shareholder of any party to the proceedings or of any corporation controlled by such a party;
(c) is not an employee, official or representative of a union association; and
(d) does not have a personal interest that could influence, or reasonably appear to influence, the exercise of their duties with respect to the proceedings.
(4.1) If a party is of the opinion that a counsel or expert has a personal interest described in paragraph (4)(d), the party must without delay notify the appeal board in writing and include representations as to the reason for that opinion.
(5) A counsel may request and be granted access to confidential information in the record referred to in subsection (2) if the counsel
(a) has signed, filed with the appeal board and served on the other parties an affirmation and promise in accordance with subsection (4); and
(b) satisfies the appeal board that
(i) the counsel is independent from the party the counsel represents,
(ii) the counsel does not have a personal interest described in paragraph (4)(d), and
(iii) access to that confidential information is necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.
(6) An expert who assists a counsel who has made a request under subsection (5) may, on the request of the counsel, be permitted access to the confidential information in the record referred to in subsection (2) if the expert
(b) satisfies the appeal board that
(i) the expert is independent from the party on whose behalf the expert is retained,
(ii) the expert does not have a personal interest described in paragraph (4)(d),
(iii) the expert is a person possessing expertise relevant to material issues in the proceedings, and
(iv) the assistance of a person possessing that expertise is necessary for counsel to prepare effectively for, or to participate in, the proceedings.
(7) The appeal board shall consider a request made under subsection (5) or (6) where the prerequisite procedures set out in subsections (4) and (5), in the case of a counsel, or in subsections (4) and (6), in the case of an expert, have been followed and the other parties have been given a reasonable opportunity to make representations with respect to communication of the confidential information to those persons.
(8) Where the appeal board decides to grant a request made under subsection (5) or (6) for access to confidential information, the appeal board shall
(a) inform all parties of the decision; and
(b) give such directions as may be reasonable to permit the counsel or an expert who assists the counsel to obtain access to that confidential information while continuing to protect any confidential information that is not necessary to enable the counsel to prepare effectively for, or to participate in, the proceedings.
- SOR/2008-262, ss. 5, 13.
- Date modified: