Re: Interim Orders, Pre-Hearing Conferences and Interlocutory Motions
(Replacing the Notice from the Office of the Secretary dated Tuesday, July 28, 2009)

April 15, 2014

The Notice dated July 28, 2009 has been restated to reflect amendments to subsection 3.5(3) of the Ontario Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) and Rules 6 and 12 of the Ontario Securities Commission Rules of Procedure (the “Rules”).

On July 21, 2009, the Ontario Securities Commission (the “Commission”) approved the adoption of changes to the Commission’s then current case management procedures. The Commission’s case load and adjudicative sitting days had considerably increased over the years, with much of the increase being attributable to the substantial rise in the number and complexity of procedural and other interlocutory matters. The Commission therefore determined that its case management procedures should be amended in order to ensure that the Commission can continue to resolve matters fairly, cost-effectively and expeditiously.

The case management procedures, as outlined in this Notice, are intended to enhance the early identification and resolution of preliminary matters to: (i) ensure that adjudicative proceedings can be brought on for final resolution more rapidly and more cost effectively; (ii) enhance the flexibility of the hearings schedule; and (iii) reduce the demands on the time and resources of both the parties and the Commission.

Effective as of July 28, 2009, the Commission implemented a practice of assigning a single commissioner (the “designated commissioner”), where practicable, to each adjudicative matter at its commencement to preside over and to hear and determine all matters leading up to the hearing on the merits. The designated commissioner will be authorized to hear and make orders on any case management and interlocutory matters such as applications for interim orders1 and motions pursuant to the Rules2 or the Ontario Securities Commission Rules of Practice (the “Rules of Practice”)3 .

The designated commissioner will be selected from the list of commissioners named in the Commission’s Authorization Order pursuant to subsection 3.5(3) of the Act.4

The designated commissioner will be assigned to a matter once a Notice of Hearing has been issued5, or when an interim order has been issued by the Commission pursuant to section 127 of the Act prior to the issuance of a Notice of Hearing, as deemed appropriate in the circumstances.

Although it is anticipated that a designated commissioner will normally preside alone to hear and determine matters in order to effectively manage the hearing process until the commencement of the hearing on the merits, the designated commissioner retains his or her discretion to request that another commissioner or two other commissioners, as the case may be, sit with him or her as a panel to assist in hearing and determining any issue.

Although it is intended that the designated commissioner will be a panel member on the hearing on the merits, there may be circumstances when the designated commissioner may decide not to do so, for reasons of availability or otherwise.

The designated commissioner may, in the context of managing the case, assist parties in exploring the resolution of any or all matters, including, on consent of the parties, referring the parties to another commissioner to assist in settlement discussions. Except with the consent of the parties, the designated commissioner will not be a panel member on the hearing on the merits if he or she has participated in settlement discussions about settling any or all of the allegations in any matter in which he or she has acted as the designated commissioner.

Issues that may be heard and determined by a designated commissioner include, but are not limited to, the following:

a)     issue interim cease trade orders pursuant sections 127(1)1, 127(1)2, 127(1)3, 127(1)(5)ii, and/or 127(5) of the Act;
b)     extension of a cease trade order pursuant to sections 127(7) and/or 127(8) of the Act;
c)     interlocutory issues pursuant to section 6 of the SPPA;
d)     issues raised at a Pre-hearing Conference conducted pursuant to Rule 6 of the Rules of Procedure or Rule 2 of the Rules of Practice;
e)     motion(s) brought pursuant to Rule 3 of the Rules of Procedure or Rule 6 of the Rules of Practice.

For more information, please contact: Josée Turcotte
Acting Secretary to the Commission

1 Interim orders include cease trade orders issued by the Commission pursuant to subsections 127(1)1, 127(1)2, 127(1)3,127(1)5ii, and/or 127(5) of the Act prior to the issuance of a Notice of Hearing but exclude matters heard under Part VI of the Act.
2 The Ontario Securities Commission Rules of Procedure (2012), 35 O.S.C.B. 10071, made under the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (the “SPPA”) are available on the Commission’s website. The Rules apply to all proceedings before the Commission where the Commission is required under the Act, 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 Rules apply to all proceedings before the Commission commenced on or after April 1, 2009.
3 (1997), 20 O.S.C.B. 1947 effective July 1, 1997. The Commission's Rules of Practice will, however, continue to apply to all proceedings commenced on or prior to March 31, 2009.
4 Subsection 3.5(3) of the Act authorizes one member of the Commission to exercise any of the powers and perform any of the duties of the Commission, including the power to conduct contested hearings on the merits.
5 Once a Notice of hearing has been issued, hearings of the Ontario Securities Commission are conducted under the authority of the SPPA.