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Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022 (SOR/2022-9)

Regulations are current to 2023-01-11

Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022

SOR/2022-9

NATIONAL DEFENCE ACT

Registration 2022-01-31

Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022

The Chairperson of the Military Police Complaints Commission, pursuant to section 250.15Footnote a of the National Defence ActFootnote b, makes the annexed Rules of Procedure for Hearings Before the Military Police Complaints Commission, 2022.

Ottawa, January 31, 2022

La présidente par intérim de la Commission d’examen des plaintes concernant la police militaire
blank line
Bonita Thornton
Interim Chairperson of the Military Police Complaints Commission

PART 1General

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Act means the National Defence Act. (Loi)

Commission counsel

Commission counsel means counsel designated by the Chairperson of the Complaints Commission for the purposes of a hearing. (avocat de la Commission)

counsel

counsel means a member of the bar of a province. (avocat)

day

day means a calendar day. (jour)

document

document means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material. (document)

electronic transmission

electronic transmission includes transmission by email or by means of the Complaints Commission’s website, but does not include transmission by fax. (transmission électronique)

file

file means to file with the Registrar. (déposer)

intervenor

intervenor means a person who is granted leave by the Complaints Commission to intervene at a hearing in accordance with section 44. (intervenant)

party

party means a complainant or a person who is the subject of a complaint and any other person who satisfies the Complaints Commission that they have a substantial and direct interest in the hearing under section 250.44 of the Act. (partie)

person

person includes an individual, a corporation, a partnership and an unincorporated association. (personne)

Registrar

Registrar means the Registrar of the Complaints Commission. (greffier)

Application

Marginal note:Application

 These Rules apply to all hearings conducted under subsection 250.38(1) of the Act.

Purpose

Marginal note:Purpose

 The purpose of these Rules is to enable the Complaints Commission to act fairly, effectively and expeditiously and to conduct its proceedings in a manner proportional to the significance of the issues and the complexity of the complaint before it and the public interest, including through the efficient use of public resources.

Marginal note:Matter not provided for in Rules

 If a matter is not provided for in these Rules, the practice it is to be determined by reference to the purpose of these Rules and any practice directions issued under section 29.

Non-compliance with Rules

Marginal note:Effect of non-compliance

  •  (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity.

  • Marginal note:Commission may grant relief

    (2) If there is a failure to comply with a rule, the Complaints Commission may grant any relief that it considers necessary to achieve the purpose of these rules.

Varying Rules

Marginal note:Varying or supplementing rules

  •  (1) The Complaints Commission may vary or supplement a rule, or dispense with compliance with a rule in whole or in part, in order to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit.

  • Marginal note:Notice

    (2) If the Complaints Commission varies or supplements these Rules or dispenses with compliance with all or part of them, it must inform the parties and intervenors.

Computation of Time

Marginal note:Interpretation Act

 The computation of time under these Rules or under an order of the Complaints Commission or a decision of the Registrar is governed by sections 26 to 29 of the Interpretation Act.

Marginal note:Extension or abridgement

  •  (1) The Complaints Commission may, on motion, extend or abridge a period provided for by these Rules.

  • Marginal note:Affidavit

    (2) The affidavit in support of a motion for an extension or abridgement of time must set out the reason for the delay or urgency, as the case may be.

Documents

Memorandum of Fact and Law

Marginal note:Contents

 A memorandum of fact and law must contain a table of contents and, in consecutively numbered paragraphs,

  • (a) a concise statement of fact;

  • (b) a statement of the points in issue;

  • (c) a concise statement of the submissions;

  • (d) a concise statement of the order sought;

  • (e) a list of the authorities, statutes and regulations to be referred to; and

  • (f) in an appendix and, if necessary as a separate document, a copy of the authorities or relevant excerpts and any statutory provisions cited or relied on that have not been reproduced in the memorandum of another party or intervenor.

Marginal note:Submission to Commission

 At the end of the hearing, the parties must submit their memorandum of fact and law to the Complaints Commission.

Service

Marginal note:Means of service

  •  (1) Service of all documents is effected

    • (a) in the case of an individual, by leaving a copy of the document with that individual;

    • (b) in the case of a partnership, corporation or unincorporated association, by leaving a copy of the document with a partner, officer or director; and

    • (c) in the case of a person referred to in paragraphs (a) or (b) who is represented by counsel, by leaving a copy of the document with counsel with the proof of service referred to in section 11.

  • Marginal note:Other means of service

    (2) Service of a document is also effected by sending a copy of the document by electronic transmission in accordance with subsection (3), by fax transmission in accordance with subsection (4), by registered mail, or by any other means the Complaints Commission orders.

  • Marginal note:Service by electronic transmission

    (3) A document that is served by electronic transmission must be accompanied by an electronic message setting out

    • (a) the sender’s name, telephone number, email address and mailing address;

    • (b) the name of the person being served;

    • (c) the date and time of the transmission;

    • (d) the title or description of the document being transmitted; and

    • (e) the name, telephone number and email address of the person to be contacted if transmission problems occur.

  • Marginal note:Service by fax

    (4) A document that is served by fax must be accompanied by a cover page setting out

    • (a) the sender’s name, telephone number, fax number, email address and mailing address;

    • (b) the name of the person being served;

    • (c) the date and time of the transmission;

    • (d) the total number of pages being transmitted, including the cover page;

    • (e) the title or description of the document being transmitted; and

    • (f) the name, telephone number and email address of the person to contacted if transmission problems occur.

  • Marginal note:Format — electronic transmission

    (5) A document that is served by electronic transmission must be in PDF (Portable Document Format) or any other format allowed by the Complaints Commission.

  • Marginal note:Service after 5 p.m.

    (6) A document that is served by electronic transmission or by fax after 5 p.m. at the recipient’s local time is deemed to have been served on the next day that is not a Saturday or a holiday.

Marginal note:Deemed served

 If a document has been served in a manner not authorized by these Rules or by an order of the Complaints Commission, the Complaints Commission may, on motion, order that a document be deemed validly served if it is satisfied that the document came to the notice of the recipient or that it would have come to that person’s notice were it not for the person’s avoidance of service.

Marginal note:Proof of service

  •  (1) Service of a document is proved by:

    • (a) an acknowledgement of service signed by or on behalf of the recipient; or

    • (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

  • Marginal note:Delivery receipt

    (2) The affidavit of service for a document that was served by electronic transmission, fax or registered mail must include a receipt confirming that the document was successfully delivered to the recipient.

  • Marginal note:Retaining proof

    (3) A person serving documents under these Rules must maintain the proof referred to in subsections (1) and (2) that the document was served in accordance with section 9 and must produce that proof to the Complaints Commission on request.

Filing of Documents

Marginal note:Service before filing

  •  (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 any intervenors.

  • Marginal note:Proof of service

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

Marginal note:Electronic filing

  •  (1) The parties and intervenors must file their documents by electronic transmission.

  • Marginal note:Alternative means of filing

    (2) The Complaints Commission may, if it considers that it is justified in the circumstances, allow paper filing or fax filing.

Marginal note:Format – electronic transmission

  •  (1) A document that is filed by electronic transmission must be in either PDF (Portable Document Format) or any other format allowed by the Complaints Commission.

  • Marginal note:Filing after 5 p.m.

    (2) A document that is filed by electronic transmission or fax transmission after 5 p.m. standard time is deemed to have been filed on the next day that is not Saturday or a holiday.

Marginal note:Format — paper filing

  •  (1) Subject to subsection (2), only those documents that are printed on letter size paper and that have numbered pages may be filed.

  • Marginal note:Format — non-standard

    (2) If a document is not printed on letter size paper and cannot be reasonably converted to that format by the person filing it, it may be filed in its existing format.

Marginal note:Original

  •  (1) For the purposes of any oral or written hearing, the electronic version of a document filed by electronic transmission is deemed to be the original.

  • Marginal note:Production of original

    (2) If the Complaints Commission requests to examine the original of any document filed, the party or intervenor who filed it must produce it.

Marginal note:Irregularity or defect

 At any time before the Complaints Commission sends its report under section 250.48 of the Act, it may draw the attention of a party to any irregularity or defect of a document and permit the party to remedy it on any conditions that the Complaints Commission considers fair.

Marginal note:Statement under oath or solemn affirmation

  •  (1) A statement made under oath or solemn affirmation may be filed by electronic transmission if a scanned version of the statement is filed along with a document attesting to the following:

    • (a) that the document sent by electronic transmission is an electronic version of a paper document that has been signed by the person making the oath or solemn affirmation; and

    • (b) that the signed paper document is available and will be produced on the Complaints Commission’s request.

  • Marginal note:Retaining document in paper format

    (2) The statement made under oath or solemn affirmation must be retained in paper format by the party or intervenor filing it for one year after the final report is issued.

  • Marginal note:Production of the original

    (3) If the Complaints Commission requests to examine the original of the statement made under oath or solemn affirmation, the party or intervenor who filed it must produce the original signed document for review.

Marginal note:Certified electronic copy

 If a document is filed by electronic transmission and a copy certified by the Registrar or a person designated by the Registrar is requested from the Complaints Commission, the Registrar may provide a paper copy of the electronic document stamped “certified copy”.

Official Record of Hearings

Marginal note:Official record of hearing

 The Complaints Commission must keep, in the original and official record of a hearing, all documents in the format in which they were filed.

Marginal note:Public consultation

  •  (1) Subject to any confidentiality order made under section 55, the public may consult, in a format determined by the Registrar, documents that have been received in evidence in the public record.

  • Marginal note:Private hearings

    (2) Documents filed with the Complaints Commission in respect of a private hearing do not form part of the public record.

Composition of Panel for Hearings

Composition and Chairperson of Panel

Marginal note:Composition of panel

 For the purposes of section 250.4 of the Act, the member or members of the Complaints Commission who are assigned by the Chairperson of the Complaints Commission make up the panel that is to hold hearings under subsection 250.38(1) of the Act.

Marginal note:Designation of Chairperson

 The Chairperson of the Complaints Commission must designate, from among the members of the panel, a person who will act as Chairperson of the panel and who will be responsible for the management of day-to-day business, including communications between the panel and the Complaints Commission and between the panel, parties and intervenors.

 
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