Copyright Board Rules of Practice and Procedure (SOR/2023-24)

Marginal note:Expert witness report

• 48 (1) Every party who, in a proceeding before the Board, intends to introduce evidence given by an expert witness must

  • (a) file with the Board and serve on each other party an expert witness report that

    • (i) contains a summary of the expert’s report,

    • (ii) describes the qualifications of the expert with respect to the issues addressed in the report,

    • (iii) contains the expert’s curriculum vitae,

    • (iv) sets out the issues addressed in the report,

    • (v) sets out the expert’s opinion respecting each issue addressed in the report,

    • (vi) in the case of a report provided in response to another expert’s report, sets out the points of agreement and disagreement with the other expert’s opinions,

    • (vii) sets out the grounds supporting each expressed opinion,

    • (viii) describes the facts and assumptions on which the opinions in the report are based,

    • (ix) includes any literature, documents and data specifically relied on in support of the opinions expressed,

    • (x) sets out a complete description of the methodology on which the expert has relied, and

    • (xi) sets out any caveats or qualifications necessary to render the report complete and accurate, including those relating to any insufficiency of data or research and any issues that fall outside the expert’s field of expertise;

  • (b) file with the Board and serve on each other party any form that is specified by the Board in relation to the expert witness report; and

  • (c) ensure that the expert witness is available for examination and cross-examination at the hearing.

• Marginal note:Refusal of Board

  (2) The Board may refuse to consider expert witness evidence if that evidence addresses issues not mentioned in any document filed under subrule 35(1) or rule 36.

Marginal note:Appointment of independent experts

• 49 (1) The Board may, at any time, by order, appoint one or more independent experts to inquire into and report on any question of fact or give their opinion relevant to an issue in a proceeding.

• Marginal note:Expert report

  (2) The report of an independent expert is to be placed on the public record of the proceeding.

• Marginal note:Submissions

  (3) Any party may make submissions to the Board with respect to the terms of the appointment of an independent expert and may file a written response to the independent expert’s report.

Marginal note:Subpoena

50 The Board may, in response to a request from a party or on its own initiative, issue a subpoena for the attendance of a witness at the hearing or for the production of documents.

PART 6Parties and Proceedings

Marginal note:Severance and Consolidation

51 At any time the Board may, on its own initiative or at the request of any party, order that any proceeding be severed or, that any two or more proceedings be consolidated, heard together, heard consecutively or severed.

Marginal note:Request for leave to intervene

• 52 (1) Any person with an interest in a proceeding that is before the Board and that is in respect of a proposed tariff or an application under subsection 71(1) of the Act, may make a request to the Board for leave to intervene.

• Marginal note:Filing of request

  (2) The request for leave to intervene must be filed with the Board as soon as feasible after the commencement of a proceeding and served on each other party.

• Marginal note:Form and content

  (3) The request for leave to intervene must be in writing and must set out

  • (a) the name and address of the requester and the requester’s authorized representative, if any;

  • (b) an explanation of why the intervention is necessary and the interest of the requester in the matter;

  • (c) a concise statement of the facts on which the request is based;

  • (d) the issues that the requester intends to address; and

  • (e) an indication of how the requester wishes to participate in the proceeding.

• Marginal note:Submissions

  (4) Any party may make submissions with respect to the request for leave to intervene by filing them with the Board and serving a copy of them on the requester within 15 days after the day on which the served request to intervene is received.

• Marginal note:Factors considered by the Board

  (5) In determining whether to grant leave to intervene, the Board must consider

  • (a) whether the requester has an interest in the proceeding that is sufficient to warrant the intervention;

  • (b) whether the requester will present information or submissions that are useful and different;

  • (c) whether the intervention will prejudice any party to the proceeding;

  • (d) whether the intervention will interfere with the fair and expeditious conduct of the proceeding; and

  • (e) any other factor that the Board considers appropriate.

• Marginal note:Decision of the Board

  (6) The Board may grant or deny the request for leave to intervene and impose any condition or restriction that it considers appropriate, including a restriction on the scope of the intervention.

• Marginal note:Notice to parties

  (7) The Board must notify the parties to the proceeding of its decision.

• Marginal note:Service

  (8) Subject to any confidentiality order and any restrictions imposed by the Board under subrule (6), each party must serve on the intervener or its authorized representative any document that is filed by a party after the day on which the parties are notified of the Board’s decision to grant the request for leave to intervene.

Marginal note:Letter of comment

• 53 (1) Any interested person that does not intend to request leave to intervene but wishes to make comments on the proceeding may file with the Board a letter of comment before

  • (a) the day fixed by the Board or the case manager as the final day on which any party may present their written or oral submission; or

  • (b) any other day specified by the Board or case manager.

• Marginal note:Contents of letter

  (2) The letter of comment must contain

  • (a) comments on the proceeding;

  • (b) a description of the nature of the person’s interest in the proceeding; and

  • (c) any relevant information that will explain or support the person’s comments.

• Marginal note:Copies to parties and on public record

  (3) The Board must provide all parties with a copy of any letter of comment and must place a copy of the letter on its public record of the proceeding.

• Marginal note:Response

  (4) A party may, within 15 days after the day on which the party receives a letter of comment, file a response with the Board and serve a copy of that response on all parties.

• Marginal note:Consideration by the Board

  (5) A letter of comment that is filed with the Board and any response to that letter must be considered by the Board.

• Marginal note:Status

  (6) A person that files a letter of comment with the Board does not become a party to the proceeding.

PART 7Transitional Provisions and Coming into Force

Transitional Provisions

Marginal note:Proceedings commenced

• 54 (1) These Rules apply in respect of all proceedings before the Board whether commenced before or after these Rules come into force, except in respect of steps already taken before the coming into force of these Rules.

• Marginal note:Directive of the Board

  (2) Any proceeding commenced or document filed in accordance with a directive of the Board before the coming into force of these Rules is not invalid merely because the proceeding or document does not conform to these Rules.

Coming into Force

Marginal note:Registration

55 These Rules come into force on the day on which they are registered.