Part III - Orders

​12. Orders

12.01
The Tribunal will determine the issues before it by order and may make an order subject to such conditions as it considers just.
 
12.02
The Registrar will deliver a copy of the order and the Tribunal's written reasons, if any, to the parties.
 
12.03
The Tribunal may at any time correct a typographical error, error of calculation, misstatement, ambiguity, technical error or other similar error made in an order or direction issued by it or in the written reasons for an order issued by it.
 
 

13. Procedural Orders

13.01
The Tribunal may make or amend procedural orders at any time in a proceeding, which shall govern the conduct of the proceeding.
 
13.02
In making a procedural order, the Tribunal may waive all or part of any Rule as it applies to a proceeding.
 
13.03
Where a party to a proceeding has not complied with a requirement of the Rules, the Tribunal may:
(a) grant relief, subject to such conditions as the Tribunal considers just;
 
(b) stay the proceeding until it is satisfied that the requirement has been complied with; or
 
(c) make such other order as it considers just.
 
13.04
Where a provision of these Rules is inconsistent with a procedural order, the procedural order shall prevail.
 
13.05
Any procedural requirements that govern a proceeding in the Act, the Statutory Powers Procedure Act or any other statute or regulation may be waived with the consent of the parties and the Tribunal.
 
 

14. Motions

14.01
A party may bring a motion requesting that the Tribunal make an order at any time during a proceeding. Such motion may be initiated:
(a) by oral submission in the course of the hearing or pre-hearing conference; or
 
(b) in writing.
 
14.02
Where a motion is initiated in writing, the material in support of it must:
(a) describe the order requested;
 
(b) contain reasons for the request, including any facts or documents relied on in support of the request;
 
(c) where the order requested is for production of any document, attach a copy of the party’s written request for the document and the responding party’s response, if any;
 
(d) indicate whether the requesting party wishes the Tribunal to deal with the matter in writing, in person, or electronically;
 
(e) indicate whether the consent of other parties has been obtained as to any term of the order sought or as to the manner in which the request should be dealt with; and 
 
(f) be served on all parties and filed with the Tribunal.
 
14.03
Unless the Tribunal directs otherwise, parties wishing to respond to a motion that has been brought in writing must provide a written response.
(a) set out the responding party’s position on the order(s) requested;
 
(b) set out the responding party’s position on whether the motion should be dealt with in writing, in person, or electronically;
 
(c) identify which facts set out in the motion are accepted and which are disputed;
 
(d) where the order requested is for production of documents from the responding party, attach the written response to the request, if any;
 
(e) provide reasons in support of the responding party’s position;
 
(f) set out any additional facts relied on by the responding party;
 
(g) include any documents not included in the motion upon which the responding party intends to rely; and
 
(h) be served on all parties and filed with the Tribunal not later than 14 days after the motion was delivered, or such other time as the Tribunal directs.
 
14.04
Where appropriate, the Tribunal may decide the motion on the basis of the material filed. Where a hearing on the motion is necessary, the Tribunal will determine whether the hearing will be held in writing, in person, or electronically, will set a date for a pre-hearing conference or hearing on the motion, and will make such orders as it deems appropriate for the conduct of such pre-hearing conference or hearing.