Financial Services Commission of Ontario

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PART III - PROCEDURAL ORDERS AND MOTIONS

13. Procedural Orders

13.01 An Advisory Board may make procedural orders, which shall govern the conduct of the proceeding, at any time in the proceeding.

13.02 An Advisory Board may, at any time, amend any procedural order.

13.03 An Advisory Board may waive, amend, vary or add to all or part of any Rule at any time, with or without a hearing, by making a procedural order, if it is satisfied that it is necessary or in the public interest to do so.

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 the proceeding in the Rules, the Statutory Powers Procedure Act or the Insurance Act may be waived with the consent of the parties and the Advisory Board.

13.06 Where a party to a proceeding has not complied with a requirement of the Rules, an Advisory Board may:

(a) grant all necessary amendments or other relief, subject to such conditions as the Advisory Board considers just;

(b) stay the proceeding until the Advisory Board is satisfied that the requirements or orders have been complied with; or,

(c) make such other order as the Advisory Board considers just.

14. Motions

14.01 Any matter which arises during a proceeding and which requires a preliminary or interim decision, order, or direction of an Advisory Board shall be brought before the Advisory Board by motion, with at least three days' notice.

14.02 The party bringing the motion shall file a copy of the notice of motion setting out the relief sought, the grounds for the motion, and the evidence to be relied upon, and serve a copy of the material filed on the other parties.

14.03 An Advisory Board shall direct the procedure to be followed for hearing the motion and set applicable time limits.

14.04 A party wishing to respond to the motion shall file and serve a response on the other parties within 5 days of having been served with a copy of the notice of motion and supporting material, or within such other time period as ordered by an Advisory Board.

14.05 An Advisory Board may make an order under this Rule based on the material filed without a hearing.

14.06 A motion may be made during a hearing, with or without notice, and shall be disposed of in such manner as an Advisory Board considers appropriate.

15. Chair of the Advisory Board

15.01 After a Notice of Hearing has been issued, the Chair of the Advisory Board, sitting alone, may decide any procedural issue, pre-hearing conference or motion under these Rules.

15.02 The Chair of the Advisory Board may determine any procedural issues by hearing the parties orally or electronically, or by inviting the parties to make written submissions.