Rule 3 - Communications with the Board

3.1  A party shall not attempt to speak directly to a Member outside the hearing.

The principle is that no party should give any evidence or submissions to a decision-maker, except in the presence of the other parties at a hearing to avoid the perception of bias.

Ordinarily, any communication with the Board in the absence of the other parties will have to be through an employee of the Board.  However, a Board Member has the discretion to permit a party to speak to the Member in the hearing room in the absence of the other parties in limited circumstances relating to procedural matters only.  For example, if a party attends the hearing on the day scheduled for the hearing after the matter has been disposed of in the party’s absence, a Member may still allow the party to explain in the hearing room why they were unable to attend on time.  

3.2  The Member may direct a party or representative communicating with the Board to provide a copy or notice of the communication to each other party.

In some cases, a communication with the Board should be disclosed to the other party. For example, if a party tells Board staff that an adjournment will be requested in advance of the hearing, they may be ordered to tell the other party. [The party should use one of the methods of service permitted by section 191 of the RTA or Rule 5.1, unless the Member specifies another method.]

Amended: January 4, 2011