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What's New

Proposed New Rules of Procedure

August 16, 2022

The OPSDT is completely redrafting its Rules of Procedure with a projected implementation date of January 1, 2023.

The draft new Rules can be found here. Some of the significant changes are:

  • There is no requirement for a member of the public to file a motion for access to the public record. The present process is grand-parented for documents filed before 2023.
  • There is an automatic publication ban on patient names or information that would identify patients.
  • Patient names must be redacted in documents filed by the parties.
  • There is a 90-day deadline for College disclosure after referral and requests for extension of this deadline must be made within 75 days.
  • Each party must file a statement of particulars.
  • There is a more robust case management rule.
  • The requirements for the case management conference memo have changed considerably. The new form can be found here. All pre-hearing case management meetings are now called CMCs.
  • Case management directions, which are on the record, are made to record the case management chair’s and the hearing panel’s procedural orders and directions.
  • There is a request to admit process.
  • Deadlines for documents intended to be used at the hearing, witness lists and witness statements (formerly called reciprocal disclosure), are changed to 60 days before the hearing (College) and 30 days before the hearing (member).
  • Parties must file hearing briefs containing documents they intend to use, witness lists and witness statements seven days before the hearing.
  • Hearing panel chairs can conduct a hearing management conference.
  • We have adapted rules on use of prior sexual history from s. 276 of the Criminal Code.
  • We have added a rule, as permitted by s. 17.1 of the Statutory Powers Procedure Act, allowing for costs orders where a party’s conduct has been unreasonable, frivolous or vexatious or a party has acted in bad faith.
  • We have removed various rules that were not being used and/or contained detail that would be better left to case management.

We invite members of the public to provide feedback by September 15, 2022. Please send your comments to tribunal@opsdt.ca. The French version of the new Rules will be posted in September for feedback.