Destruction of Confidential Information
14. (1) Where a counsel or an expert who assists the counsel has obtained confidential information as a consequence of or in the course of the proceedings and the confidential information is contained in a document, the counsel or the expert shall deliver the document to the Chief Appeals Officer within the later of
(a) the 30th day after the decision of the appeal board, and
(b) the expiration of any period for commencing further proceedings in respect of the decision of the appeal board.
(2) The Chief Appeals Officer shall cause any document delivered pursuant to subsection (1) to be destroyed.
Access to Appeal Board Decisions
14.1 Nothing in this Part prevents a board member or Commission staff from having access to appeal board decisions for the purpose of policy-making or for training purposes.
- SOR/2008-262, s. 7.
PART IIIRULES OF PROCEDURE
Extending or Abridging Time Limit
15. The appeal board may, on application by a party or on its own motion, extend or abridge any time limit directed by the appeal board without regard to when the request for extension or abridgement was made.
16. (1) Subject to subsection (2), a notice or other document shall be served personally or be sent by certified or registered mail.
(2) A notice or other document may be served by a means other than one specified in subsection (1) where the person to be served consents to the use of the other means or acknowledges the receipt of the notice or other document.
(3) A party serving a document shall file with the appeal board a certificate of service in Form 6 of the schedule, certifying that
(a) a copy of the document, including any confidential information contained therein, has been served on each person entitled to service thereof; or
(b) a copy of the document, excluding any confidential information, has been served on each person entitled to service thereof.
17. A document to be filed with the appeal board shall be sent by certified or registered mail to the Chief Appeals Officer or shall be delivered by hand to the office of the Chief Appeals Officer.
18. The appeal board may, where it is fair to do so and on such terms or conditions as the appeal board may direct, allow any amendment to be made to any document, including a statement of appeal, an application, submissions, an answer or a reply.
19. At any time in the proceedings, the appeal board may direct a party to provide it with and, subject to sections 12 and 13, serve on all other parties, such further information or documents as may be necessary for the appeal board to obtain a full and satisfactory understanding of the issues and matters raised in the proceedings.
20. (1) The appeal board may, at its own instance or on application by a party, summon before it by subpoena any person and require the person to give evidence on oath or solemn affirmation and to produce documents.
(2) No person is required to appear before the appeal board pursuant to a subpoena unless, at the time of service of the subpoena on the person, the appeal board that on its own instance issued the subpoena or the party who requested the subpoena has paid or tendered to the person conduct money in an amount sufficient for the person’s reasonable travelling expenses and professional fees, if any.
(3) Where a person who is served with a subpoena disputes the reasonableness of any conduct money paid or tendered, the person shall advise the appeal board of the dispute, and the appeal board, after hearing the submissions of the person and the party who requested the subpoena, may fix the amount of the conduct money or the manner in which the conduct money is to be calculated.
(4) The appeal board may hear submissions pursuant to subsection (3) by conference call among the appeal board, the person served with a subpoena and any party entitled to make submissions.
(5) A subpoena shall be in Form 7 of the schedule and shall be signed by the Chief Appeals Officer or the chairman of the appeal board.
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