Practice Guideline for French Hearings and Consolidation of the Rules of Procedure of the Ontario Securities Commission as of April 8, 2014

TORONTO – The Ontario Securities Commission (the “Commission”) has approved amendments to the Rules of Procedure of the Commission (2012), 35 O.S.C.B. 10071 (the “Rules”) and a practice guideline on the use of the French language in adjudicative proceedings (the “Practice Guideline”).

Practice Guideline for French Hearings

The adopted Practice Guideline is consistent with the French Language Services Act, R.S.O. 1990, c. F.32, (the “FLSA”) guarantee to every person of the right to communicate with and to receive all services in French from the Government of Ontario, its ministries and agencies, and the right to full and equal access to administrative justice services.

The Practice Guideline applies to all proceedings before the Commission where the Commission is required under the Securities Act, R.S.O. 1990, c. S.5, as amended and the Commodity Futures Act, R.S.O. 1990, c. C.20, or otherwise by law, to hold a hearing or to afford to the parties to the proceeding an opportunity for a hearing before making a decision. The Practice Guideline is issued pursuant to Rule 1.3 of the Rules.

The Practice Guideline was developed in accordance with the Rules, the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (the “SPPA”) and the FLSA.

Amendment of the Rules

On April 8, 2014, the Commission approved a housekeeping amendment to Rule 10.4 to direct the public to the Practice Guideline for French Hearings.

Following the introduction and successful implementation of a procedure for settlement pursuant to Rule 12, the Commission has approved a housekeeping amendment to Rule 6 to provide that a Panel that presides over a pre-hearing conference at which the parties attempt to settle any or all of the allegations shall not preside at the hearing on the merits unless the parties consent. The amendment to Rule 6 reflects the practice previously initiated and described in the Notice from the Office of the Secretary dated July 28, 2009 Re: Interim Orders, Pre-Hearing Conferences and Interlocutory Motions and is intended to assist in the just and most expeditious disposition of proceedings.

The amendments to the Rules were adopted pursuant to section 25.1 of the SPPA.

These amendments take effect immediately and apply to all proceedings before the Commission, including proceedings commenced by a Notice of Hearing issued by the Office of the Secretary prior to the adoption of the amended Rules.

Consolidation of the Rules as of April 8, 2014

There have been three previous amendments to the Rules.

The Rules came into force on April 1, 2009 ((2009), 32 O.S.C.B. 1991), and apply to all proceedings before the Commission commencing on or after that date.

The Rules were previously amended on July 20, 2010, when the Commission adopted Rule 12 concerning Settlement Agreements ((2010), 33 O.S.C.B. 6653), on August 31, 2010, when the Commission approved amendments to bring the Rules in conformity with the SPPA definition of “representative” ((2010), 33 O.S.C.B. 8017) and on October 25, 2012,  when the Commission approved a housekeeping amendment to remove a requirement that a Statement of Allegations or an application under Rule 2 be removed from the Commission’s website in the case of a withdrawal ((2012), 35 O.S.C.B. 10071).

These amendments took effect immediately and apply to all proceedings before the Commission, including proceedings commenced by a Notice of Hearing issued by the Office of the Secretary prior to the adoption of the amended Rules.

Publication of the Practice Guidelines and Rules

The Rules of Procedure (Amendment and Consolidation as of April 8, 2014) are published in the OSC Bulletin and are available on the Commission’s website.

A copy of the Commission’s Practice Guideline dated April 8, 2014 with respect to French Hearings is also available on the Commission’s website.

OFFICE OF THE SECRETARY
JOSEE TURCOTTE
ACTING SECRETARY