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Policy Guideline 4

October 1, 2020

Policy for Delivery of Documents to the Board and to Other Parties for CCB Hearings

  1. Purpose:
    1.1 This Policy Guideline deals with the delivery of documents to the Board and to other parties.

    1.2 The intent of the policy is to ensure that documents are received in a manner that supports the Board’s ability to conduct fair, timely, cost effective and efficient hearings.

  2. General Principles:

    Time of Delivery for Electronic Hearings
    2.1 Unless otherwise permitted or directed by the Board, and notwithstanding CCB Rule of Procedure 30.2, documents to be relied upon by the health practitioner/ attending physician/ evaluator/ assessor or other party bearing the onus of proof at hearing must be sent to the Board by fax or email no later than 10 a.m. the business day prior to the hearing. The other party(ies) must provide material by 2 p.m. the business day prior to the hearing. The party delivering the material to the Board must provide the same document package to all other parties at the same time or earlier. The Board will not provide documents to parties or act as an intermediary between parties for disclosure or sharing of documents. It is the parties’ obligation to provide disclosure directly to all other parties.

    2.1.1 Documents received after the time prescribed above may be accepted at the discretion of the panel considering factors including:

    1. ) Whether the information was available prior to 10 a.m. the business day before;
    2. ) The nature of the material offered and the importance it may have in a full and fair hearing;
    3. ) Any prejudice to other parties and whether same can be remedied with a recess or adjournment; and
    4. ) Unnecessary delay to the proceeding.

    Format of Document Packages
    2.2 Parties shall make every effort to ensure that document packages are provided in adobe pdf format and as follows:

    • The subject line of the email or fax cover sheet shall include the Board file number (or date of hearing if file number not known) and applicant/ patient initials;
    • The subject line shall include the title of document as “Physician Document Package 1 of 1” or “Applicant Document Package 1 of 2,” etc.
    • In the event that updated materials are required, only the updated materials will be provided with clear direction that it was, for example, the second in a package of two.
    • The material must be relevant to the issues before the panel, organized (summary, Forms, clinical notes and materials) and legible.
    • .
    2.3 No party’s document package shall exceed 50 pages in length unless otherwise permitted by the Board. The Board will only accept materials that are relevant to the proceedings which are carefully reviewed by the party submitting the materials. The party offering the document must be prepared to speak to its relevance. If material in excess of 50 pages are offered, a panel may decline to accept material or take other steps appropriate in the circumstances. Adjudicators retain broad discretion with respect to documents submitted at a hearing to ensure a fair and efficient hearing.

    2.3.1 Objections to material submitted, based on relevance or other issues, may be raised at the outset of the hearing by another party or the panel, on its own motion.

    Video, Audio and other Submissions
    2.4 As set out in CCB Rule of Procedure 29.2, any item relied upon by a party must be in a format accessible and retainable by the Board and parties. For example, audio or video recordings must be provided in an electronic format that is usable and savable. As a general rule, physical objects will not be received as evidence where photographs or other means of establishing the evidence will achieve the purpose.

  3. Effective Date:
    3.1 This Policy Guideline is effective October 1, 2020.