40. Appeal Process
Upon receiving a Notice of Appeal pursuant to Rule 15, the Registrar shall request from the Superintendent or DICO a Record for the appeal. Within fifteen (15) days of receiving this request, the Superintendent or DICO shall provide four (4) copies of the Record to the Registrar and one (1) copy to the appellant.
The Record shall consist of copies of:
(a) the decision or order under appeal;
(b) all documents relied upon by the Superintendent or DICO in making the decision or order under appeal;
(c) any submissions made to the Superintendent or DICO by the appellant on or before the date of the decision or order.
During the hearing of the appeal, a party may introduce into evidence any oral testimony, document or other thing that may be admitted under section 15 of the Statutory Powers Procedure Act, provided that the party has complied with Part VI of these Rules.
If a party intends to rely at the hearing of the appeal on evidence not already contained in the Record provided by the Superintendent or DICO under Rule 40.01 – 40.02, that party shall disclose and produce to the opposing party the evidence in question at least 30 days prior to the hearing of the appeal, or as otherwise directed by the Tribunal. This obligation applies to documents, written evidence, expert reports and witness statements as described in Part VI of the Rules. If, as a result, the opposing party wishes to present rebuttal evidence, that party shall disclose and produce such evidence at least seven days prior to the hearing, or as otherwise directed by the Tribunal.
Where evidence that a party proposes to rely on is not already contained in the Record, that evidence shall not be filed with the Registrar prior to the hearing of the appeal, but shall be presented to the Tribunal during the hearing of the appeal in order to determine the admissibility of such evidence. The party who wishes to rely on such evidence is responsible for bringing to the hearing sufficient copies of all documents for the panel and Tribunal Record pursuant to Rule 8.10, as well as to provide copies to the other party (if not already provided).
Unless otherwise provided under this Part IX, the Rules contained in Parts I – XI apply to matters brought before the Tribunal by a Notice of Appeal pursuant to Rule 15.