New rules in effect: the Regulation respecting the procedure of the Administrative Tribunal of Québec

Key contact: Sean Griffin

On February 11, 2020, the new Regulation respecting the procedure of the Administrative Tribunal of Québec came into force. The main changes are as follows: 

I. Rules on proportionality

The new Regulation establishes rules on proportionality. Section 2 stipulates that at any stage in the proceedings, the pleadings and the presentation of evidence must be proportionate to the nature and complexity of the matter. 

II. Procedure for technology-based documents

The new Regulation provides a procedural framework for technology-based documents, to ensure that the procedure of the Administrative Tribunal of Québec is aligned with current practice. As specified in Section 7 of the Regulation, the transmission of a technology-based document is possible if the format is compatible with the Tribunal’s technological environment. To this effect, Section 34 states that when filing a technology-based document, a party must ensure that the Tribunal has the necessary equipment for the document to be presented at the hearing. 

Under Section 33, technology-based documents must be sent to the parties and the Tribunal no later than 30 days before the date of the hearing. A written notice must be attached to the technology-based document, stating that the parties are not obliged to accept the document in a form other than paper and that they have five days following its reception to ask that it be resent in paper form. 

Such documents are presumed to be filed on the date of receipt recorded on the Tribunal’s server, as set out in Section 8 of the Regulation. 

III. Deadlines for sending documents before a hearing

Based on Section 33 of the Regulation, documents that a party intends to produce as evidence must now be sent to the parties and the Tribunal at least 15 days before the date of the hearing. 

Expert reports and technology-based documents must be submitted at least 30 days before the date of the hearing. 

IV. Deadline for calling witnesses

As set out in Section 28 of the Regulation, a party who wishes to summon a witness must serve the witness with the subpoena form provided by the Tribunal at least 10 days before the hearing, unless it’s an emergency. 

V. Lawyer’s withdrawal from representation

Section 15 of the Regulation provides that, henceforth, once a hearing date has been set, a lawyer may not withdraw from representation, nor may another lawyer be brought in as a substitute, without the authorization of the Tribunal.