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

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Rules.

Act

Act means the Public Servants Disclosure Protection Act. (Loi)

file

file means to file with the registrar. (déposer)

interested person

interested person means a person that is added to the proceedings in accordance with these Rules. (intervenant)

registrar

registrar means an employee of the Administrative Tribunals Support Service of Canada who is designated by its Chief Administrator to act as registrar for the Tribunal. (registraire)

General

Marginal note:Liberal interpretation

2 These Rules must be liberally interpreted, with the aim of ensuring that the proceedings are conducted informally and expeditiously and that the rights of the parties set out in subsection 21.6(1) of the Act are respected.

Marginal note:Dispensing with or varying Rules

3 The Tribunal may vary a Rule, or dispense with compliance with a Rule, if doing so advances the aims set out in Rule 2.

Marginal note:Time limits

4 If a time limit under these Rules or under an order of the Tribunal ends on a Saturday, or a holiday as defined in subsection 35(1) of the Interpretation Act, it is extended to end on the next day that is not a Saturday or a holiday.

Application by the Commissioner

Marginal note:Content

5 An application by the Commissioner under subsection 20.4(1) of the Act is made when the application is filed. An application must contain the following information and documents:

• (a) identification of the orders referred to in paragraphs 20.4(1)(a) and (b) of the Act that the Commissioner is seeking in the event that the Tribunal determines that a reprisal was taken against the complainant;

• (b) the basis for the Commissioner’s opinion that an application to the Tribunal in relation to the complaint is warranted;

• (c) a copy of the complaint and a summary of its contents;

• (d) the name, mailing address, telephone number, fax number and email address of each party to the proceedings and of their representative, if any;

• (e) the location at which the Commissioner believes the hearing should be conducted;

• (f) the language in which the Commissioner believes the proceedings should be conducted; and

• (g) identification of any special arrangements, including interpreters and equipment, that the Commissioner believes will be necessary to conduct the proceedings.

Marginal note:Notice

6 After the application has been filed by the Commissioner, the registrar must provide each party with notice of the filing.

Filing and Service

Marginal note:Service before filing

• 7 (1) A document that is required to be filed under these Rules may be filed only if a copy of that document has been served on each party and each interested person.

• Marginal note:Service of application

  (2) For the purpose of subrule (1), an application by the Commissioner under subsection 20.4(1) of the Act must be served on each person and entity that will be a party to the application under subsection 21.4(2) or 21.5(2) of the Act, as the case may be.

• Marginal note:Service on representative

  (3) If a party or interested person is represented, documents must be served on their representative.

• Marginal note:Proof of service

  (4) When a document referred to in subrule (1) is filed, it must be accompanied by proof of service that meets the requirements of Rule 11.

Marginal note:Language of filed documents

8 A document written in a language that is neither English nor French may be filed only if it is accompanied by a translation of that document into English or French and an affidavit attesting to the accuracy of the translation.

Marginal note:Original documents

8.1 If a document is filed by electronic filing, any electronic version of it is, in the absence of evidence to the contrary, considered to be the original of the document.

Marginal note:Electronic version

8.2 If the Tribunal creates an electronic version of a document that is filed by hand, fax or by mail, the electronic version is, in the absence of evidence to the contrary, considered to be the original version of the document.

Marginal note:Methods of service

9 Service of a document is effected by

• (a) delivering a copy of the document by hand to the person or, if the person is a partnership, corporation or unincorporated organization, to a partner, officer or director; or

• (b) sending a copy of the document to the person by email or fax or by mail to the person’s last known address.

Marginal note:Effective day of service

• 10 (1) Service of a document is effective on the day on which it is delivered. However, service of a document by ordinary mail is effective on the day that is 10 days after the day on which it is mailed.

• Marginal note:Service after 17:00 hours

  (2) A document that is served by email or fax after 17:00 hours at the recipient’s local time is deemed to have been delivered on the next day that is not a Saturday or a holiday.

Marginal note:Proof of service

• 11 (1) Service of a document is proved by any of the following:

  • (a) a written statement that is signed by the person who effected the service;

  • (b) an affidavit of service; or

  • (c) the admission of the person served.

• Marginal note:Confirmation

  (2) If service of a document is proved under paragraph (1)(a) or (b), the written statement or affidavit of service must be accompanied by

  • (a) in the case where the document is served by email or fax, a receipt that confirms the successful transmission of the document; and

  • (b) in the case where the document is served by registered mail or courier, a receipt that identifies the day on which the document was delivered.

Addition of Interested Persons

Marginal note:Motion

• 12 (1) A person that wishes to be added to the proceedings as an interested person may make a motion for that purpose in accordance with Rules 13 to 18.

• Marginal note:Considerations

  (2) In deciding whether or not to add the person to the proceedings, the Tribunal must consider whether

  • (a) they have a substantial interest in the proceedings;

  • (b) their position is already represented in the proceedings;

  • (c) their intervention would serve the public interest or the interests of justice; and

  • (d) their participation would assist the Tribunal in its determination of the issues.

• Marginal note:Directions

  (3) If the Tribunal adds the person to the proceedings, the Tribunal must provide directions to them regarding their role in the proceedings.

Motions

General

Marginal note:Submission of question

• 13 (1) A party may, by motion, submit any procedural or evidentiary question to the Tribunal.

• Marginal note:Timeliness

  (2) Except for a motion referred to in subrule 15(1), a party must make a motion as soon as feasible after it determines that there is a need to submit the question to the Tribunal.

• Marginal note:Directions

  (3) The Tribunal may provide directions to the parties regarding the time and manner in which it will hear their arguments and receive their evidence.

Marginal note:Correction of defects

14 If the content or service of a document that is filed is defective, the party that filed the document may make a motion to correct the defect.

Marginal note:Confidentiality order

• 15 (1) A party may make a motion for an order that information contained in a filed document, or that the entire document, be kept confidential.

• Marginal note:Motion

  (2) The motion must be made in writing at the time the document is filed.

• Marginal note:Notice of motion

  (3) In the notice of motion, the party must identify the information or document for which the order is requested and the harm that would result from its disclosure.

• Marginal note:Redacted document

  (4) If the Tribunal orders that information contained in a document is to be kept confidential, the party must provide the registrar with a version of the document that is redacted to reflect the terms of the order and that is marked with the word “NON-CONFIDENTIAL” in bold-faced and capitalized letters.

• Marginal note:Marking filed document

  (5) If the Tribunal orders that information contained in a document, or that the entire document, is to be kept confidential, the registrar must mark the filed copy of that document with the word “CONFIDENTIAL” in bold-faced and capitalized letters.

Oral Motions

Marginal note:Leave required

• 16 (1) Leave of the Tribunal is required before a motion can be made orally.

• Marginal note:Response to oral motion

  (2) The Tribunal must provide each party that wishes to respond to an oral motion with an opportunity to do so.

Written Motions

Marginal note:Notice of motion

17 A written motion is made by filing a notice of motion that

• (a) sets out the relief requested by the party and the grounds for the motion; and

• (b) indicates which other parties, if any, have consented to the relief requested.

Marginal note:Response

18 Within 10 days after the day on which they are served with a notice of motion, a party may file a response that sets out their position regarding the relief sought by the moving party.

Discovery

Statement of Particulars

General

Marginal note:Statement for each application

19 A party must file a statement of particulars for each of the following applications made by the Commissioner:

• (a) an application for a determination of whether or not a reprisal was taken against the complainant and for an order respecting a remedy under paragraph 20.4(1)(a) or (b) of the Act; and

• (b) if the Tribunal has determined that a reprisal was taken against the complainant, an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act.

Content

Marginal note:All parties

• 20 (1) A statement of particulars must contain the following information and documents:

  • (a) the party’s position regarding the legal issues raised in the application and regarding the remedy or disciplinary action sought, as the case may be;

  • (b) the material facts that the party intends to prove in the proceedings;

  • (c) regarding documents that are relevant to a matter at issue in the proceedings and that are in the party’s power, possession or control,

    • (i) those documents that the party intends to produce in the proceedings,

    • (ii) a list and description of the documents for which the party claims privilege, and

    • (iii) a list and description of the documents that are not otherwise referred to in subparagraphs (i) and (ii);

  • (d) for each document listed under subparagraph (c)(ii), the grounds for the privilege claimed;

  • (e) regarding documents that are relevant to a matter at issue in the proceedings and that are no longer in the party’s power, possession or control,

    • (i) a list and description of the documents, and

    • (ii) for each document listed, a description of how the party lost power, possession or control of it and, to the best of the party’s knowledge, its current location;

  • (f) the names of the witnesses, other than expert witnesses, that the party intends to call; and

  • (g) if the party intends to call an expert witness, a summary of the issues that will be the subject of the witnesses’ testimony.

• Marginal note:Commissioner

  (2) A statement of particulars filed by the Commissioner must also set out the remedy or disciplinary action requested, as the case may be, and the basis for that request.

• Marginal note:Complainant

  (3) A statement of particulars filed by the complainant in relation to an application for remedy may include a request for a remedy that is different than that requested by the Commissioner, and if so, the statement must also include the basis for that request.

• Marginal note:Employer or former employer

  (4) A statement of particulars filed in relation to an application for remedy by the complainant’s employer or by the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, must — for each material fact raised in the statements of particulars filed by the Commissioner and the complainant — contain a statement indicating whether they admit, deny or have no knowledge of that fact.