9. Filing of Documents

9.01 Filing means the effective delivery of a document to the Registrar and its receipt by the Registrar.

9.02 All documents filed shall be legible.

9.03 A document may be filed by:

(a) hand delivery;
(b) courier service;
(c) regular or registered mail;
(d) electronic transmission;
(e) fax; or,
(f) any other means directed by an Advisory Board.

9.04 The Registrar shall date stamp all documents when they are received and a document is deemed to be filed as of that date, subject to Rule 4.01.

9.05 Where a filing is made by fax, the document shall include a cover page containing the items set out in Rule 10.05.

9.06 A party may request confirmation from the Registrar that a document filed was properly received.

9.07 An Advisory Board may direct that where documents are filed by electronic transmission or fax, the original and all copies required shall be delivered by 10:30 a.m. the next day.

9.08 A party shall forthwith serve all other parties with a copy of all documents filed with an Advisory Board.

10. Service

10.01 Service means the effective delivery of a document to a person or to the representative of that person.

10.02 Service may be made by:

(a) hand delivery;
(b) courier service;
(c) regular or registered mail;
(d) electronic transmission;
(e) fax; or,
(f) any other means directed by an Advisory Board.

10.03 Where an oral or electronic hearing is in progress, service may also be made by:

(a) providing the document to the parties present at the hearing;
(b) serving the document on any other party who is not present and requests a copy of the document; or,
(c) any other means directed by an Advisory Board.

10.04 Where service is made by fax, the document shall include a cover page indicating:

(a) the name, address, and telecommunications numbers of the sender;
(b) the name of the person to be served;
(c) the date and time the document is transmitted;
(d) the total number of pages transmitted including the cover page;
(e) the telephone number from which the document is transmitted; and,
(f) the name and telecommunications numbers of a person to contact if a problem arises with the transmission of the fax.

10.05 Service will be effective:

(a) if the document is delivered by hand, courier or by electronic transmission or fax, on the same day that the delivery is made, subject to Rule 4.01(c);

(b) if the document is delivered by regular or registered mail, on the fifth day after the date of mailing;

(c) if service is made by public advertisement, on the last day of publication where there is more than one day of publication; or,

(d) if service is made by any other means, within the time frames directed by an Advisory Board.

10.06 An Advisory Board may direct a party who has served a document to file an affidavit of service that indicates how, when, and to whom service was made.

11. Public Record

11.01 Subject to Rule 12 all documents that are filed in a proceeding shall be placed on the public record.

12. Confidential Documents

12.01 A party or an interested person may, upon the filing of a document, move that all or any part of the document be held in confidence by an Advisory Board.

12.02 A party who moves that all or part of a document be held in confidence may, upon filing the document, request that an Advisory Board consider the motion before the document is served on the other parties.

12.03 (a) Any motion to hold a document in confidence shall address:

i. the reasons for the request including the nature and extent of the specific harm that would result if the document were publicly disclosed; and,

ii. any objection to placing an abridged version of the document on the public record and the reasons for such an objection; and,

(b) be filed and served on the parties.

12.04 Where a motion has been made under this Rule to hold a document in confidence, a party who has received a copy of a document, shall treat the document as if it were confidential until an Advisory Board has made a decision on the motion.

12.05 Any person may object to a motion for confidentiality by filing a response and serving it on the parties.

12.06 Any objection shall address why the public interest in placing the document on the public record outweighs the interest of the party requesting confidentiality.

12.07 After giving the party claiming confidentiality an opportunity to reply to an objection, an Advisory Board may order that:

(a) the document be placed on the public record;

(b) the document be held in confidence by the Advisory Board; or

(c) an abridged version of the document be placed on the public record; and,

(d) may make such other order as he or she considers just.

12.08 In considering a request under this Rule, an Advisory Board shall apply the criteria in Rule 22.

12.09 Where an Advisory Board orders a document to be held in confidence, the portion of the hearing that deals with the document will be held under Rule 22.