Consideration of Complaint (continued)
Marginal note:Failure to appear
40 If a party does not appear at a hearing and the Board is satisfied that notice of the hearing was sent to the party in accordance with section 35, the Board may proceed in the party’s absence.
Marginal note:Postponements and adjournments
41 A hearing may be postponed or adjourned by the Board from time to time on any terms that the Board considers appropriate.
Marginal note:Procedure if no agreement
42 Sections 43 to 46 apply to govern the procedure at the hearing to the extent that the procedure for the hearing has not been determined in a pre-hearing conference or by agreement of the parties at the beginning of the hearing.
Marginal note:Complainant’s presentation
43 At the beginning of the hearing, the complainant may present their case by first summarizing it and then presenting their evidence and making their arguments.
Marginal note:Defendant’s presentation
44 After the complainant presents their case, the defendant may present their case by first summarizing it and then presenting their evidence and making their arguments.
Marginal note:Intervenor’s presentation
45 After the complainant and the defendant have presented their cases, any intervenor is entitled to give evidence.
46 After all the evidence is presented, the parties may make summations.
Marginal note:Examination, cross-examination and re-examination
47 (1) The complainant and the defendant are each entitled to examine their own witnesses, to cross-examine a witness of another party and to re-examine their own witness for clarification.
(2) An intervenor may be cross-examined by the complainant or the defendant but is not entitled to cross-examine them or their witnesses.
Marginal note:Examination of witnesses
48 Witnesses at the hearing shall be examined orally on oath or affirmation.
Marginal note:Board in control of hearing
49 Any member of the Board may intervene at any time and the Board may make any orders that it considers necessary for the proper conduct of the hearing.
Marginal note:Affidavit evidence
50 Affidavit evidence is not admissible without the consent of the party against whom the affidavit evidence is tendered.
The Decision of the Board
Marginal note:Decision after a hearing
51 (1) If a hearing is held, the Board may render its decision orally at the end of the hearing or it may render its decision at a later date.
Marginal note:Decision without a hearing
(2) If a hearing is not held, the Board must render its decision after its deliberations based on the material submitted by the parties.
Marginal note:Communication of the decision
52 (1) After the Board renders its decision, the Secretary must send to each party
(a) a summary of the decision, if the Board rendered its decision orally; or
(b) a copy of the decision, if the Board rendered its decision in writing.
Marginal note:Signature required
(2) The summary or decision and the reasons, if any, must be signed by one of the Board members who took part in rendering the decision.
Coming into Force
Marginal note:Coming into force
53 These Rules come into force on the day on which they are registered.
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