Part 7 — Education Professions and Occupations Division 1 Responsibilities
235 Hearing
section 233(2), the Board of Reference shall not make any decision
in respect of the matter being appealed without giving the parties to
the appeal an opportunity to be heard.
(2) A person appearing at a hearing is entitled to be represented by
counsel.
(3) Not less than 30 days before the date set for hearing the appeal,
or a shorter time period as determined by the Board of Reference,
each of the parties to the appeal shall provide to the Board of
Reference and the other parties to the appeal any material and
information and make any disclosures as set out, described,
governed or otherwise provided for by regulation.
(4) Before conducting an appeal, the Board of Reference may
determine any preliminary matter concerning the appeal, including,
without limiting the generality of the foregoing, matters relating to
process and jurisdiction.
(5) An appeal is considered to be abandoned if one year elapses
from the day that a step in the appeal was last taken.
(6) Notwithstanding subsection (5), if the Board of Reference is
satisfied that exceptional circumstances exist for doing so, the
Board of Reference may permit an appeal to proceed even though
one year has elapsed since a step in the appeal was last taken.
(7) The Minister may make regulations
(a) setting out or otherwise describing the material and
information and any disclosure that a party to an appeal to
the Board of Reference must provide or make to the Board
of Reference and to the other parties to the appeal;
(b) governing any matter respecting
(i) the provision of material and information, and
(ii) the making of disclosures,
under subsection (3).