(1) | Before, or within 20 business days after, the filing of documents is completed, a member of the Tribunal assigned by the Chairperson may convene a pre-hearing conference on a date and at a time determined by that member with— |
(a) the initiating party;
(b) each complainant in the matter;
(c) each Respondent; and
(d) any intervenors.
(2) | If a point of law has been raised, and it appears to the assigned member of the Tribunal at a pre-hearing conference to be practical to resolve that question before proceeding with the Conference, the member may— |
(a) | direct the recording officer to set only that question down for hearing by the Tribunal; and |
(b) | may adjourn the pre-hearing conference pending the resolution of that question by the Tribunal. |
(3) | The assigned member of the Tribunal may adjourn a pre-hearing conference from time to time. |
(4) | Pre-hearing conferences may be conducted in person or by telephone or both, need not follow formal rules of procedure, and are not open to the public. |
(5) | At a pre-hearing conference, the assigned member of the Tribunal may— |
(a) | establish procedures for protecting confidential information, including the terms under which participants may have access to that information; |
(b) | direct the Commission to investigate specific issues or obtain certain evidence; or |
(c) | give directions in respect of— |
(i) | technical or formal amendments to correct errors in any documents filed in the matter; |
(ii) | any pending Notices of Motion; |
(iii) | clarifying and simplifying the issues; |
(iv) | obtaining admissions of particular facts or documents; |
(v) | the production and discovery of documents whether formal or informal; |
(vi) | witnesses to be called by the Tribunal at the hearing, the questioning of witnesses and the language in which each witness will testify; |
(aa) | the exchange of summaries of expert opinions or other evidence that will be presented at the hearing; and |
(bb) | any other pre-hearing obligations of the parties; |
(viii) | determine the procedure to be followed at the hearing, and its expected duration; |
(ix) | a date, time and schedule for the hearing; or |
(x) | any other matters that may aid in resolving the matter. |
(6) | At a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but before the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major unresolved issues. |
(7) | After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference. |
(8) | A member of the Tribunal assigned by the Chairperson may schedule a further prehearing conference on their own motion, and the provisions of this regulation apply to such a conference. |