The Transportation Appeal Tribunal of Canada Rules (TATC Rules) were made pursuant to s. 18 of the TATC Act, which provides the Tribunal the ability to make rules to govern the management of its affairs, and the practices and procedures of matters before it.
The TATC Rules address a number of aspects of Tribunal practice and procedure, which includes providing the Tribunal with a great deal of flexibility in its processes. For example, Rule 4 allows the Tribunal to take any action it considers necessary to enable it to settle a matter effectively, completely and fairly.
Additional flexibilities are provided to the Tribunal by Rules 11 and 13. Rule 11 states that “the Tribunal may extend or abridge a time prescribed by or pursuant to these Rules for performing any act or doing any thing on such terms, if any, as seem just”; and Rule 13 allows that “at any time, the Tribunal may, on the application of any party or on its own motion, adjourn a proceeding on such terms, if any, as seem just”.
The TATC Rules address a variety of procedural issues. For example, the Rules allow the Tribunal to direct a party to submit written arguments in addition to making oral arguments (Rule 17). Furthermore, the TATC Rules allow for witnesses to be summoned to hearings (see Rules 14 and 15).
Other procedural issues addressed include witnesses at a proceeding being subject to examination and cross-examination orally on oath or solemn affirmation (Rule 16(1)), and allowing the Tribunal to order a witness to be excluded from a proceeding until called to give evidence (Rule 16(2)).