Animal Care Review Board and Fire Safety Commission
Rule 13: Access to Hearings

(Disponible en français)

13. ACCESS TO HEARINGS

13.1 GENERAL PUBLIC ACCESS

The Tribunal may provide public access to the following documents:

1. Any application, reference or other document, if any, by which a proceeding was commenced;
2. The notice of any hearing;
3. Any interlocutory orders made by the Tribunal;
4. All documentary or other evidence that has been admitted in any proceeding;
5. The transcript, if any, of the oral evidence given at the hearing;
6. The decision and reasons of the Tribunal where reasons have been given; and
7. Any written submissions provided by the parties.

The Tribunal will not provide public access to any other documents including correspondence between the parties and the Tribunal, documentary or other evidence submitted by the parties but not admitted in a proceeding, case conference reports, and settlement discussions.

The Tribunal may limit access to a recording and to a record of proceedings or, during a proceeding, make an order at the request of one of the parties or on its own motion, limiting public access to all or part of any document, record, or hearing to protect confidentiality of personal or sensitive information, as it considers appropriate in relation to:

1. Matters involving public security;
2. Intimate financial or personal matters;
3. Other matters where, having regard to the circumstances, the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that the hearings, documents or records be open to the public.

13.2 AUDIO AND VIDEO RECORDINGS

The Tribunal may record an in-person or electronic hearing. Where a hearing is recorded, the recording does not form part of the Tribunal's record of proceedings including any record filed in respect of an application made under the Judicial Review Procedures Act, R.S.O. 1990, c.J.1.

13.3 AUDIO AND VIDEO RECORDING BY PARTIES MAY BE PERMITTED

A party who wishes to make his or her own recording of a hearing may do so if authorized by the Tribunal and subject to the party undertaking to comply with any restrictions on use of the recordings specified by the Tribunal. Requests for permission to make recordings must be made in writing to the Tribunal at least 5 days prior to a hearing and the request must be copied to the other parties. The other parties may make submissions on the request in the time specified by the Tribunal. A recording made by a party does not become part of the Tribunal's record of the hearing. A party who makes a recording must provide a copy to all other parties and, upon request, to the Tribunal.

RULE 13.4 COURT REPORTER

A party who wishes to retain a court reporter for a hearing may do so if they advise the Tribunal and the other parties in writing at least 5 days before the hearing.

A party who retains a court reporter for a hearing does so at that party's expense and must ensure that all other parties have an equal right to request, at their own expense, a transcript from the court reporter.

If a party requests a transcript, it is the responsibility of the requesting party to provide a certified copy of the transcript to the Tribunal upon request and at no cost to the Tribunal.

13.5 APPLICATION OF RULE 13

Despite Rule 1.4, this Rule applies to all appeals effective July 1, 2024.