| 5.1 General |
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(a) |
Appeal proceedings before a panel are confidential and are closed to the public (Employment and Assistance Regulation section 88(3)). |
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(b) |
A panel may only admit as evidence the appeal record and oral or written testimony in support of it (Employment and Assistance Act section 22(4)). |
5.2 Oral Hearing Procedure |
|
(a) |
Location of Oral Hearing
- In-Person |
| |
(i) |
In-person hearings will be held in a location within reasonable distance of the appellant whenever possible, but will not be held in an office of the ministry whose decision is under appeal. |
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(b) |
Presentation of Each Party's
Case in an Oral Hearing |
| |
(i) |
In an oral hearing each party will have the right to present evidence and make arguments in support of that party's case. |
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(ii) |
The appellant will have the opportunity to present evidence and make arguments first, followed by the ministry. |
|
(c) |
Witnesses |
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(i) |
Each party may call witnesses to give evidence before the panel (Employment and Assistance Regulation section 86(c)). |
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(ii) |
A witness will be asked to wait outside of the hearing room before giving evidence unless the witness is:
|
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(d) |
Proceeding
in the Absence of a Party |
| |
(i) |
If a party does not appear at an oral hearing, the panel may proceed in the absence of the party if the party was notified of the hearing (Employment and Assistance Regulation section 86(b)) |
| |
(ii) |
Prior to proceeding, the panel must first determine whether the absent party received notification of the date, time and place of the hearing at least 2 business days before the hearing date by examining either the fax confirmation of the Notice of Hearing sent to the ministry, or the Canada Post tracking sheet showing successful delivery of the Notice of Hearing sent to the appellant by registered mail. |
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(iii) |
If the notice requirement was not met, the panel chair will adjourn the hearing. |
|
(e) |
Recording |
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(i) |
Hearings will not be
recorded by the Tribunal. |
| |
(ii) |
Taping of hearings by a party, advocate, agent, legal counsel or any other person attending is not permitted. |
|
(f) |
Oaths |
| |
(i) |
Witnesses (including parties)
are not required to give evidence under oath. |
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(g) |
Additional Documentation |
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(i) |
Any party wishing to provide the Tribunal with additional documentation not included in the appeal record should make every attempt to do so as much in advance of the hearing as possible. |
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(ii) |
Any party wishing to provide the panel with additional documentation at the hearing should make sufficient copies of the additional documentation for the panel members and the other party. |
5.3 Written Hearing Procedure |
|
(a) |
Commencement of Written
Hearing |
| |
(i) |
The written hearing process commences with the issuance of a letter from the Tribunal to the parties establishing a submissions schedule. |
|
(b) |
Presentation of Each Party’s Case in a Written Hearing |
| |
(i) |
Each party will be provided an opportunity to provide written submissions to support their case. |
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(ii) |
The appellant will be given seven (7) business days to provide a written submission. |
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(ii) |
Upon receipt of the appellant's submission within the timelines, the Tribunal will forward the appellant's submission to the ministry and will give it seven (7) business days in which to provide a submission in response. |
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(iv) |
If no submission is received by a party in the time established in the submissions schedule, it will be assumed that the party declined the opportunity to provide a submission. |
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(c) |
Extension of Time |
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(i) |
If a party wishes to request an extension of the time established to provide a written submission, this request must be in writing to the Tribunal in advance of the date on which the submission is due. Any such request must be accompanied by the reasons for the request. |
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(ii) |
Following receipt of a request for an extension of time, the Tribunal will issue a decision in writing to the parties. |
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(d) |
Panel Review of Written Submissions |
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(i) |
Following receipt of any written submissions from the parties, the Tribunal will forward the written submissions to the panel for review. |
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(ii) |
If no written submissions are received from the parties, the Tribunal will forward only the appeal record to the panel for review. |
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(iii) |
Any submission received after the date it was due but before the panel has rendered its decision will be forwarded to the panel chair to decide whether or not to accept it. |
