NUNAVUT SURFACE RIGHTS TRIBUNAL - nsrt-nunavut.com file(RPP 2.0) Claim for Compensation (RPP 2.2)...

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NUNAVUT SURFACE RIGHTS TRIBUNAL RULES OF PROCESS AND PROCEDURE FLOW CHARTS

Transcript of NUNAVUT SURFACE RIGHTS TRIBUNAL - nsrt-nunavut.com file(RPP 2.0) Claim for Compensation (RPP 2.2)...

NUNAVUT SURFACE RIGHTS TRIBUNAL

RULES OF PROCESS AND PROCEDURE

FLOW CHARTS

NSRT Jurisdiction (RPP 2.0)

Application for Access

(RPP 2.1)

Claim for Compensation

(RPP 2.2)

Application for Review

of NSRT Order (RPP 3.4)

Application for Termination

of NSRT Order (RPP 3.5)

5 Year NSRT

Review

Review of NSRT

Access Order

Review of NSRT

Compensation Order

NSRT Jurisdiction (RPP 2.0)

Application for Access (RPP 2.1)

Access to Inuit-Owned Lands (RPP 2.1.1) Access to Non-Inuit-Owned Lands (RPP 2.1.2)

To Exercise Mineral Rights (RPP 2.1.1.1)

To Prospect for Minerals (RPP 2.1.1.2)

To Cross Inuit-Owned Lands to Exercise Mineral Rights on Non-Inuit-Owned Lands (RPP 2.1.1.3)

For Commercial Purposes other than the Exercise of Mineral Rights (RPP 2.1.14)

For the Purpose of Removing Construction Materials (RPP 2.1.1.5)

Application for Access Procedures ( RPP 3.2)

Applicant(s) and Respondents(s) must negotiate in attempt to resolve the matter (RPP 3.2.1)

Single Applicants and Single Respondents

Multiple Applicants and/or Multiple Respondents Interlocutory Application

(Optional) by any Party to NSRT to join multiple Applications for Access for purpose of Negotiation (RPP 4.3.1)

Negotiation Successful

Formal Application Not Made

Negotiation Unsuccessful

Interlocutory Application (Optional) that Negotiation does not meet requirements (RPP 5.2)

Successful Interlocutory Application

New Negotiations

Unsuccessful Interlocutory Application

File Application for Access with NSRT in writing on form in Schedule A.1 of the RPP (RPP 3.2.2)

Applicants to file Application For Access with NSRT (Administrator) (RPP 3.2.2) (RPP 5.1.1)

Applicants to have true copy of filed Application personally served upon Respondent(s) (RPP 3.2.3) (RPP 5.1.1)

Applicant(s) to complete Affidavit of Service (Schedule A.7 of the RPP) and file with NSRT (Administrator) (RPP 3.2.3) (RPP 5.1.1)

Advertising

NSRT advertises Application in English/French/Inuktitut in newspaper of largest circulation and on radio station which is heard in Communities located in geographic region which is the subject of the Application for Access (RPP 3.2.4) Interlocutory

Application (Optional) to NSRT by any Party to join multiple Applications for Access (RPP 5.2)

(RPP 5.4.1)

Pre-Hearing Conference

The NSRT may in its discretion require that Parties to a proceeding attend one or more Pre-Hearing Conferences with the agenda prescribed by the NSRT (RPP 5.5)

NSRT Jurisdiction (RPP 2.0)

Claim for Compensation (RPP 2.2)

Compensation for Loss or Damage Involving Wildlife (RPP 2.2.1)

Compensation for Loss or Damage Involving Carving Stone and Other Specified Substances on Inuit-Owned Land (RPP 2.2.2)

Compensation for Loss or Damage Involving Carving Stone on Crown Land (RPP 2.2.3)

Compensation for Permit to Cross Inuit-Owned-Land for Commercial Purposes Other Than the Exercise of Mineral Rights (RPP 2.2.4)

Compensation for Permit to Cross Inuit-Owned-Land for the Purpose of Removing Construction Materials (RPP 2.2.5)

Claim for Compensation Procedures (RPP 3.3)

Claimant(s) and Respondent(s) must negotiate in attempt to resolve the matter (RPP 3.3.1)

Single Claimants and Single Respondents

Multiple Claimants and/or Multiple Respondents Interlocutory Application

(Optional) by any Party to NSRT to join multiple Claims for Compensation for Purpose of Negotiation (RPP 4.3.2) (RPP 5.2)

Negotiation Successful

Formal Claim Not

Made

Negotiation Unsuccessful

Interlocutory Application (Optional) that Negotiation does not meet requirements (RPP 5.2)

Successful

New Negotiations

Unsuccessful

File Claim for Compensation with NSRT in writing on form in Schedule A.2 of the RPP (RPP 3.3.2)

Claimant(s) to File Claim for Compensation with NSRT (Administrator) (RPP 3.3.2)

(RPP 5.1.2)

Claimant(s) to have true copy of filed Claim personally served upon Respondent(s) (RPP 3.2.3) (RPP 5.1.2)

Claimant(s) to complete Affidavit of Service (Schedule A.7 of the RPP) and file with NSRT (Administrator) (RPP 3.2.3) (RPP 5.1.2)

Advertising

NSRT Advertises Claim in English/French/Inuktitut in newspaper of largest circulation in Communities located in geographic region which is the subject of the Claim for Compensation (RPP 3.3.4)

Interlocutory Application (Optional) by any Party to NSRT to join multiple Claims for Compensation (RPP 5.4.2) Pre-Hearing Conference

The NSRT may in its discretion require that Parties to a proceeding attend one or more Pre-Hearing Conferences with the agenda prescribed by the NSRT (RPP 5.5)

NSRT Jurisdiction (RPP 2.0)

Application for Review Of NSRT Order (RPP 3.4)

Review of NSRT Access Order

Review of NSRT Compensation Order

Application for Review of NSRT Order

Procedures (RPP 3.4)

Claimant(s) and Respondent(s) Must negotiate in attempt to resolve the matter (RPP 3.4.1)

Negotiation Successful

Formal Application not made

Negotiation Unsuccessful

Interlocutory Application (Optional)

that Negotiation does not meet Requirements

(RPP 5.2)

Successful Unsuccessful

File Application

for Review of NSRT Order

(RPP 3.4.2)

Applicants to file Application For Review of NSRT Order (Administrator) (RPP 3.4.2) (RPP 5.1.3)

Applicants to have true copy of filed Application personally served upon Respondent(s) (RPP 3.4.3) (RPP 5.1.3)

Applicant(s) to complete Affidavit of Service (Schedule A.7 of the RPP) and file with NSRT (Administrator) (RPP 3.4.3) (RPP 5.1.3)

Advertising

NSRT advertises Application in English/French/Inuktitut in newspaper of largest circulation and on radio station which is heard in Communities located in geographic region which is the subject of the Application for Review of NSRT Order (RPP 3.4.3)

Pre-Hearing Conference

The NSRT may in its discretion require that Parties to a Proceeding attend one or more Pre-Hearing Conferences with the agenda prescribed by the NSRT (RPP 5.5)

NSRT Jurisdiction (RPP 2.0)

Application for Termination of NSRT Order (RPP. 3.5)

Application for Termination of NSRT Order

Procedures (RPP 3.5)

Applicant(s) and Respondent(s) Must negotiate in attempt to resolve the matter (RPP 3.5.1)

Applicants to file Application for Termination of NSRT Decision (Administrator) (RPP 3.5.2) (RPP 5.1.4)

Applicants to have true copy of filed Application personally served upon Respondent(s) (RPP 3.5.3) (RPP 5.1.4)

Applicant(s) to complete Affidavit of Service (Schedule A.7 of the RPP) and file with NSRT (Administrator) (RPP 3.5.3) (RPP 5.1.4)

Negotiation Successful

Formal Application not made

Negotiation Unsuccessful

Interlocutory Application (Optional)

that Negotiation does not meet Requirements

(RPP 5.2)

Successful Unsuccessful

File Application

for Termination of

NSRT Order

(RPP 3.5.2)

Advertising

NSRT advertises Application in English/French/Inuktitut in newspaper of largest circulation and on radio station which is heard in Communities located in geographic region which is the subject of the Application for Termination of NSRT Decision (RPP 3.5.3)

Pre-Hearing Conference

The NSRT may in its discretion require that Parties to a Proceeding attend one or more Pre-Hearing Conferences with the agenda prescribed by the NSRT (RPP 5.5)

NSRT Jurisdiction (RPP 2.0)

Five Year Review of NSRT Decision (RPP. 7.10.5)

NSRT to Review compensation awarded by NSRT Order pursuant to an Application for Access to Inuit-

Owned Land every Five (5) Years. (RPP 7.10.5)

Pre-Hearing Procedure (RPP 5.0)

Submission of Documents

Application for

Access

Claim for

Compensation

Application for

Review of NSRT Decision

Application for Termination

of NSRT Decision

Five Year Review of

NSRT Decision

As Specified by the NSRT at Time of Review

Applicant/Claimant Documents

All documents which Applicant(s) or Claimant(s) wish to present in an Application or Claim must be filed with the NSRT 60 days in advance of a Hearing (or as otherwise directed by the NSRT) (RPP 5.3.1.1)

Respondent Documents

All documents which Respondent(s) wish to present in response to an Application or Claim must be filed with the NSRT 30 days in advance of the Hearing (or as otherwise directed by NSRT) (RPP

5.3.1.2)

Intervenor Documents

All documents which Intervenor(s) wish to present with respect to an Application or Claim must be filed with the NSRT 15 days in advance of the Hearing (or as otherwise directed by NSRT) (RPP 5.3.1.3)

Applicant(s)/Claimant(s) to have true copies of all documents filed with the NSRT personally served on all other Parties not later than 60 days prior to commencement of Hearing (or as otherwise directed by NSRT). (RPP 5.3.1.1)

Respondent(s) to have true copies of all documents filed with the NSRT personally served on all other Parties not later than 30 days prior to commencement of Hearing (or as otherwise directed by NSRT) (RPP 5.3.1.2)

Intervenor(s) to have true copies of all documents filed with the NSRT personally served on all other Parties not later than 15 days prior to commencement of Hearing (or as otherwise directed by NSRT) (RPP 5.3.1.3)

Applicant(s)/Claimant(s) to complete Affidavit of Service (form in Schedule A.7 of the RPP) and file with the NSRT (Administrator) (RPP

5.3.1.1)

Respondent(s) to complete Affidavit of Service (form in Schedule A.7 of the RPP) and file with the NSRT (Administrator) (RPP 5.3.1.2)

Intervenor(s) to complete Affidavit of Service (form in Schedule A.7 of the RPP) and file with the NSRT(Administrator) (RPP 5.3.1.3)

Hearing Procedure (RPP 6.0)

Application for

Access

Claim for

Compensation

Application for

Review of NSRT Decision

Application for Termination

of NSRT Decision

Five Year Review of

NSRT Decision

Form of Hearing (RPP 6.2/6.3)

Time and Location of Hearing (RPP 6.2/6.5)

Hearing Panel (RPP 6.3)

Parties to Hearing (RPP 6.7)

Hearing Submissions (RPP 6.8/6.9/6.10

Hearing Witnesses (RPP 6.11/ 6.12/6.13 )

Language (RPP 6.14)

Documents (RPP 6.15)

Recording Proceedings (RPP 6.16)

NSRT Determines Form of Hearing and may in its discretion hold the following types of Hearings (RPP 6.2)

In-Person Hearing

(RPP )

Electronic Hearing (RPP )

Written Hearing

(RPP )

Combination Hearing

(RPP )

Form of Hearing (RPP )

NSRT determines Time and Location of Hearing (RPP 6.2)

Unless all Parties otherwise agree a Claim for Compensation or a Review of an NSRT Order is to be heard in the community that is convenient to the Claimant (RPP 6.5)

Unless all Parties otherwise agree all other Applications (including Applications for Access) are to be heard in community closest to the land involved (RPP 6.5)

Time and Location of Hearing(RPP )

If NSRT Proceeding involves Inuit-Owned-Land at least 2 Members of 3 Member Panel or Sole member of 1 Member Panel must be resident in Nunavut(RPP 6.3.3)

If NSRT Proceeding does not involve Inuit-Owned-Land 3 Members or 1 Member by consent of all Parties (RPP 6.3.2)

NSRT Member shall not be

assigned to Panel or continue on

Panel if appointment would place Member in a

Conflict of Interest (RPP 6.3.5.1)

NSRT Panel Appointments

to remain confidential until date of

Hearing (RPP )

NSRT Hearing Panel

NSRT Chair Appoints Panel Members (RPP 6.3.1 )

Absent Panel Member

In the event that for any reason an NSRT Panel Member is absent from part or all of a NSRT Proceeding that Member may not participate in the Decision/Order (RPP 6.3.4.1)

If all Parties consent the NSRT Proceeding may continue with one of the Pamel Members who has been present at all of the Hearing as chosen by NSRT Chair (RPP 6.3.4.2)

If all Parties do not consent the NSRT Proceeding shall be reheard by another Panel appointed by the NSRT Chair (RPP 6.3.4.2)

Parties to Hearing (RPP 6.7.1)

The following persons shall be considered to be “Parties” to a matter in dispute before the NSRT.

Parties may be represented in all matters before the NSRT by any person selected by the Party to represent them. (RPP 6.7.3)

A Representative of a Party who is not a member of the Law Society of Nunavut must provide written confirmation signed by the Party confirming the representation. (RPP 6.7.3)

Applicants/ Respondents/Intervenors to an Application for Access (RPP

6.7.1.1)

Claimants/ Respondents/ Intervenors to a Claim for Compensation (RPP 6.7.1.2)

Applicants/ Respondents/ Intervenors to Application to Review of NSRT Order (RPP 6.7.1.4)

Applicants/ Respondents/ Intervenors to Application to Terminate NSRT Order (RPP 6.7.1.5)

Persons Notified of 5 Year Review to be those to whom original Order sent (RPP 6.7.1.6) (RPP 7.10.5)

Intervenors

Absent Parties

Applicants / Respondents / Intervenors to an Application for Access (RPP 6.7.1.1)

Access to Inuit-owned lands to exercise mineral rights (RPP 6.7.1.1)

Access to Inuit-owned lands to prospect for minerals (RPP 6.7.1.1)

Access to Inuit-owned lands to cross Inuit-owned lands to exercise mineral rights on non-Inuit-owned lands (RPP 6.7.1.1)

Access to Inuit-owned lands for purposes other than the exercise of mineral rights (RPP

6.7.1.1)

Access to Inuit-owned lands for purpose of removing construction materials (RPP 6.7.1.1)

Access to non-Inuit-owned lands (RPP

6.7.1.1)

Parties to Hearing (RPP 6.7.1)

Claimants / Respondents / Intervenors to a Claim for Compensation (RPP 6.7.1.2)

Compensation for loss or damage involving Wildlife (RPP 6.7.1.2)

Compensation for loss or damage involving Carving Stone and Other Specified Substances on Inuit-Owned Land (RPP 6.7.1.2)

Compensation for loss or damage involving Carving Stone on Crown Land (RPP 6.7.1.2) (Act s. 151)

Parties to Hearing (RPP 6.7.1)

Applicants / Respondents / Intervenors to a Review of an NSRT Order (RPP 6.7.1.4)

Persons (or successors) who previously have been a Party to a Hearing for an Application for Access or a Claim for Compensation who wish to make an Application to the NSRT to review the NSRT Order for Access or Order for Compensation and Respondents / Intervenors with respect to that Application. (RPP 6.7.1.4)

Parties to Hearing (RPP 6.7.1)

Applicants / Respondents / Intervenors to an Application to Terminate an NSRT Order (RPP 6.7.1.5)

Persons (or successors) who previously have been a Party to a Hearing for an Application for Access who wish to make an Application to the NSRT for Termination of the NSRT Order for Access and Respondents / Intervenors with respect to that Application (RPP 6.7.1.5)

Parties to Hearing (RPP 6.7.1)

Persons Notified of 5 Year Review (RPP 6.7.1.6)(RPP 7.10.5)

Persons (or successors) who received Notice from NSRT of 5 Year Review of Order of NSRT with respect to Compensation Ordered by NSRT pursuant to an Application for Access to Inuit-Owned Land, being those (or their successors) to whom Original Order was provided (RPP 6.7.1.6) (RPP

7.10.5)

Parties to Hearing (RPP 6.7.1)

Intervenors to an Application for Access/Claim for Compensation/Application to Review NSRT Order/Application to Terminate NSRT Order/5 Year Review (RPP 6.7.1.3)

Intervenors are “Persons Who Are Directly Affected” by an Application for Access (RPP 6.7.1.1) or by a Claim for Compensation (RPP 6.7.1.2) or an Application to Review an NSRT Order (RPP 6.7.1.4) or an Application to Terminate an NSRT Order (RPP 6.7.1.5) or a 5 Year Review (RPP 6.7.1.6)

Intervenors participate by advising NSRT of request for Intervenor Status in manner prescribed by the NSRT in its discretion (RPP 6.7.1.3)

Parties to Hearing (RPP 6.7.1)

Absent Party

In the event that any Party is absent from a Hearing the NSRT may not proceed with the Hearing unless one of two criteria are met:

The Absent Party Consents (RPP 6.6)

The Absent Party has been given notice of the Hearing which is satisfactory to the NSRT (RPP 6.6)

Parties to Hearing (RPP 6.7.1)

Hearing Submissions (RPP 6.0)

Standing to Make Submissions

In order to be able to make a Submission to the NSRT at an Application for Access/Claim for Compensation/ Application to Review NSRT Order/Application to Terminate NSRT Order/5 Year Review a “person” (individual/corporation/government) must have “Standing”. Only Parties (RPP 6.7) to a matter being considered by the NSRT have the “Standing” to make submissions to the NSRT (RPP 6.7.2)

Rules for Hearing Submissions

Form of Submissions Subject to RPP 6.2 Submissions at a Hearing may in the discretion of the NSRT be Verbal/In Writing/ or both Verbal and in Writing (RPP 6.8)

Every Person making a Submission must respond to Questioning with respect to the Submission as directed in the discretion of the NSRT (RPP 6.8)

Order of Submissions NSRT to advise Parties with Respect to Order of Submissions and Questioning at Hearings (RPP 6.9)

Rules for Hearing Submissions

Identity of Witnesses

The NSRT may in its discretion set out the Process for Parties to identify those persons who the parties wish to give evidence, including submitting a list of witness as set out in Schedule A.4 RPP (RPP 6.10.1)

Relevence of Submissions

Submissions must be relevant to the matter under consideration by the NSRT panel. Irrelevant information will not be considered by the NSRT panel in reaching its decision (RPP 6.10.2)

Audio-Visual Assistance

With NSRT approval evidence may be presented with audio-visual assistance any party requiring audio/visual assistance to contact NSRT no later than 30 days prior to date required (RPP 6.10.3)

Written Submission

(RPP 6.10.4)

Authorship

Name of Author(s) and all other persons involved in research/preparation of Written Submissions must be identifed at the beginning of submissions and signature of primary author(s) at end of submission (RPP 6.10.4.1)

Availability of a Primary Author

Subject to direction of NSRT Written Submissions must be available at Hearing for questioning by NSRT and other Parties (RPP 6.10.4.2)

Schedule

Subject to direction of NSRT written submissions must be submitted to NSRT in accordance with timelines established by NSRT (RPP 6.10.4.3)

Hearing Witnesses

Attendance and Examination of

Witnesses

The Act (s. 120) grants to the NSRT the powers and rights and privileges of a Superior Court with respect to the attendance and examination of witnesses (RPP 6.13.1)

Types of Witnesses

Conventional Witnesses

Expert Witnesses

(RPP 6.11)

Traditional Knowledge

Inuit Qaujimajatuqangit witnesses (TKIIQ)

(RPP 6.12)

Sworn Evidence (RPP 6.13.2 )

Questioning of Witnesses (RPP )

Expert Witnesses

Persons giving evidence who as a result of their special skills, training or expertise may be able to assist the NSRT with respect to a scientific/ technical issue relevant to the matter being considered by the NSRT (RPP 6.11)

Notice of Expert Witness

A party wishing to include within its submission a presentation by an expert witness must so indicate its intention in the list of witnesses (RPP Schedule A.4) including the witnesses’ area(s) of expertise and a curriculum vitae/resume (RPP 6.11.1)

Qualification of Expert Witnesses (RPP 6.11.2)

A party seeking to include within its submission a presentation by an Expert Witness must have that witness “qualified” by the NSRT as follows: provide to NSRT a precise description of the area in which

qualification is sought Expert Witness must present qualifications verbally or in

writing or both Expert Witness may be questioned on qualifications only by

NSRT and any party

NSRT shall make a determination as to whether the witness is qualified to give evidence as an Expert Witness and description of area in which qualification is granted

Traditional Knowledge Inuit Qaujimajatuqangit Witnesses (TK/IQ) (RPP 6.12)

Persons giving evidence who possess a body of knowledge and/or unique cultural insights of Inuit into the workings of nature, humans and animals may be able to assist the NSRT with respect to an issue relevant to the matter being considered by the NSRT

Notice of TK/IQ Witnesses (RPP 6.12.1)

A party wishing to include within its submission a presentation by a TK/IQ witness must so indicate its intention in the list of witnesses (RPP schedule A.4) including the area in which the TK/IQ witness will give evidence

Background of TK/IQ Witness (RPP 6.12.2)

A party seeking to include within its submission a presentation by a TK/IQ Witness should be able to demonstrate to the NSRT that the TK/IQ Witness possesses knowledge and/or unique cultural insights of Inuit into the workings of nature, humans and animals such as to be able to assist the NSRT with respect to an issue being considered by the NSRT

Sworn Evidence (RPP 6.13.2)

All Witnesses appearing before the NSRT to give evidence with respect to a matter before the NSRT shall be either Sworn or Affirmed and all evidence provided by such witnesses shall be under Oath (RPP 6.13.2)

Questioning of Witnesses (RPP 6.13.3)

Purpose of Questioning

Questioning should be conducted for the purpose of clarifying and testing the submissions made by any Party and for eliciting material and relevant information not brought out during these submissions (RPP 6.13.1)

Who May be Questioned

Any witness except a TK/IQ Witness may be questioned by the NSRT Panel and the Parties. TK/IQ Witnesses may only be questioned by a NSRT Panel (RPP 6.13.2)

Limits on Questioning

The following limits on questioning shall apply to NSRT hearings: a) Questioning of

witnesses shall not be conducted with respect to matters which are not relevant to the matter before the NSRT

(RPP 16.13.3)

b) Questioning of witnesses shall not be conducted in a manner which is abusive,

offensive or discourteous. (RPP 16.13.3)

c) Questioning of TK/IQ witnesses may only be carried out by the NSRT.

(RPP 16.13.3)

d) Following Questioning of any Witness Re-Direct Questioning of that Witness may be conducted by the Party initially presenting theWitness, but only with respect to matters raised during the Questioning. (RPP 16.13.3)

Language (RPP 6.14)

Language of NSRT Business NSRT must conduct its business in English and French languages and upon request by any designated Inuit organization in Inuktitut (RPP 6.14.1)

Language in which Evidence is Heard NSRT must ensure that persons may give evidence in Inuktitut, French and English, and that person will not be placed at a disadvantage in not being heard in the other 2 languages (RPP 6.14.2)

Translation of Verbal Evidence NSRT must provide simultaneous translation of documents from Inuktitut, French and English into the other 2 languages (RPP 6.14.3)

Translation of Documents NSRT must provide simultaneous translation of documents from Inuktitut, French and English into the other 2 languages (RPP 6.14.4)

Translation of Orders Upon request by any party the NSRT must translate its orders into Inuktitut (RPP 6.14.5)

Documents (RPP 6.15)

Compelling Production and Inspection The NSRT has the powers, rights and privileges of a superior court with respect to the production and inspection of documents (RPP 6.15.1)

Public Record/Access NSRT responsible to maintain care and custody of all documents submitted to it, with such documents being a matter of public record (RPP

6.15.2)

Availability to Parties All information which the NSRT intends to use in the disposition of any matter being considered by the NSRT shall be made available to all parties, who will be provided with a reasonable opportunity to respond to the information (RPP 16.15.3)

Recording of NSRT Proceedings (RPP 6.16)

Recording of Hearings

Hearings may in the discretion of the NSRT be recorded by electronic means and transcripts prepared in accordance with the language provisions in RPP 6.14 (RPP 6.16.1)

Recording of Interlocutory Proceedings

Interlocutory Proceedings before the NSRT may in the discretion of the NSRT be recorded by electronic means and transcripts prepared in accordance with the language provisions in RPP 6.13 (RPP 6.13.2)

Availability of Transcripts

Transcripts of NSRT proceedings shall be available to all Parties and to members of the public upon payment of costs associated with the production of the transcript (RPP 6.16.3)

Interlocutory Proceedings Procedure (RPP )

Application for

Access

Claim for

Compensation

Application for

Review of NSRT Decision

Application for Termination

of NSRT Decision

Five Year Review of

NSRT Decision

As Specified by the NSRT at Time of Review

Filing Application

File with NSRT (Administrator) Completed Interlocutory Application as found in schedule A.3 of RPP. (RPP 5.2.1)

Serving Application

Applicant must personally serve upon the person(s) to whom the Interlocutory Application is being made a true copy of the Interlocutory Application filed with the NSRT. (RPP 5.2.1)

Upon receiving Interlocutory Application NSRT may in its discretion do the following: (RPP 5.2.2)

Hear the matter by way of Interlocutory Hearing (RPP 5.2.2)

Deal with the matter by any other means deemed appropriate by the NSRT (RPP 5.2.2)

No Interlocutory Hearing NSRT provides notice of the Interlocutory Hearing to all Parties to the Proceeding (RPP 5.2.3)

Form of Interlocutory Hearing NSRT determines form of Interlocutory Hearing, and may in its discretion hold

the following types of Interlocutory Hearings: (RPP 5.2.4)

In-Person Hearing (RPP 5.2.4)

Electronic Hearing (RPP 5.2.4 )

Written Hearing (RPP 5.2.4 )

Combination Hearing (RPP 5.2.4 )

NSRT may in its discretion set out the time and location of Interlocutory Hearing (RPP 5.2.4)

NSRT may in its discretion set out the process to be followed and may or may not adopt any or all of the Rules which apply to a Hearing set out in Rule 6.0 RPP. (RPP

5.2.4)

An Interlocutory Application for which a decision is made to hold an Interlocutory Hearing shall be heard by 1 Member of the NSRT appointed by the Chairperson. (RPP 5.2.5) (Member appointed to hear Interlocutory matter can not be appointed to the Hearing).

NSRT Member hearing Interlocutory Application must deliver Interlocutory Decision/Order in Writing. Decision must include reasons. (RPP 5.2.6)

NSRT Interlocutory Decision/Order to be provided by the NSRT to every Party participating in the Interlocutory Application and upon request to members of the Public (RPP 5.2.7)