8430. Regulatory review hearings 

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    1. A party who requests a review of a regulatory decision must serve and file, within the time specified in IIROC requirements relating to the regulatory decision and: 

      1. in the case of a decision made under section 9204, 9206 or 9207, at least 14 days, and 

      2. in the case of a decision under Part B of Rule 4100, no more than the number of days specified in Part B of Rule 4100, prior to the date of the hearing, a notice of request for review and a review record. 

    2. A notice of request for review must contain: 

      1. the date, time and location of the hearing of the request for review, 

      2. the relief sought, 

      3. the grounds for the relief sought, including reference to any IIROC requirements or applicable laws

      4. a list of evidence and other materials relied on, and 

      5. whether it is proposed that the request for review be heard as an oral hearing, electronic hearing or written hearing

    3. A review record must contain: 

      1. the notice of request for review, 

      2. any notice of the regulatory decision received by the requesting party

      3. the regulatory decision and any reasons for the regulatory decision

      4. any materials that accompanied the notice of the regulatory decision or the regulatory decision received by the requesting party

      5. copies of any additional evidence, including affidavits and other materials relied on. 

    4. A responding party may serve and file a reply no later than seven days prior to the date of the review hearing

    5. A reply must contain: 
      1. the order requested by the responding party and a statement of the reasons for the order requested, and 
      2. copies of any additional evidence, including affidavits and other material relied on. 
    6. The parties may serve and file a memorandum of fact and law no later than two days prior to the date of the review hearing

    7. A review hearing must be conducted in the following order: 
      1. ​​​​​​​​​​the requesting party may present evidence, 
      2. the responding party may present evidence, 
      3. the requesting party may make submissions, 
      4. the responding party may make submissions, and 
      5. the requesting party may reply to the submissions of the responding party
    8. A hearing panel may at any time, on any terms or conditions it considers appropriate, require oral testimony to be adduced at the review hearing on any matter in issue and allow cross-examination on an affidavit. 
    9. A member of a District Council whose decision is the subject of a request for review may not be a member of the hearing panel on the review hearing.

    There is no history log for this rule.

    There is no history log for this rule.