Rule 20 – Pre-Hearing Conferences

Legislation:
Section 5.3 of the Statutory Powers Procedure Act (‘the SPPA’)

Under section 5.3 of the SPPA, a Board may direct the parties to attend a pre-hearing conference. The Board must adopt rules of practice in order to be able to use this authority. The purpose of a conference is to discuss the preparations for the hearing and the hearing itself, including attempts to define and narrow the issues in dispute, disclose potential evidence and witness lists, and discuss the possibilities of mediation.

Generally speaking, the Board will direct a conference to be held only where it is anticipated that there will be a lengthy hearing of one or more days, and the hearing could be shortened or made more effective as a result of a pre-hearing conference.

Direction to Attend

20.1  A Member may direct a pre-hearing conference to be held to consider any or all of the following:

(a)  which issues will be dealt with at the hearing and whether these can be clarified or simplified;

(b)  whether any facts or evidence may be agreed upon by the parties;

(c)  the dates by which any steps in the proceeding are to be taken or begun;

(d)  the estimated duration of the hearing; and

(e)  any other matter that may assist in the just and most expeditious disposition of the application.

A Member or staff member may conduct the pre-hearing conference, but it may only be held at the direction of a Member. There are various issues which could be considered. For example, the parties could make submissions concerning whether a party should be added or removed, the date by which any step should be taken or begun, the order of proceedings at the hearing and the estimated length of the hearing.

A pre-hearing conference is intended to deal with procedural issues, to the largest degree possible by consensus among the parties. However, where necessary, the conference may result in recommendations or, if a Member presided, a procedural order or direction.

Release Date: January 31, 2007