DNA Data Bank Advisory Committee Rules of Procedure

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1. Interpretation

  1. The definitions in this subrule apply in these Rules.
    • "Act" means the DNA Identification Act.
    • "Committee" means the DNA Data Bank Advisory Committee.
    • "Decide" or "decision" means any finding or recommendation made by the Committee.
    • "intervenor" means a person who is permitted to intervene at a public consultation under rule 17.
    • "Participant" means any person whom the committee invites as a participant or permits as an intervenor in the proceeding in relation to a matter being considered by the committee in the public interest;
    • "RCMP" means the Royal Canadian Mounted Police;
    • "Regulations" means the DNA Data Bank Advisory Committee Regulations;
  2. For greater certainty, "document" includes information stored by electronic means.

Part 1: General

2. Application, Officers and Employees of the RCMP, Quorum

  1. This Part applies in respect of the following proceedings:
    1. an opportunity to be heard as requested by a member or employee of the RCMP;
    2. an opportunity to be heard as requested by a public or private agency or a member of the public;
    3. proceedings conducted by the Committee on its own initiative;
    4. a public consultation conducted by the Committee;
  2. The Committee may permit or request employees of the RCMP to participate in a proceeding under these Rules in such manner, including presenting information and submissions orally or in writing, questioning participants and responding to questions and submissions, as will enable the Committee to decide the matter in a fair, informal and expeditious manner.
  3. For the purposes of proceedings before the Committee under these Rules, the number of members of the Committee that constitutes a quorum shall be five members;

3. Varying Rules

  1. The Committee may vary or supplement any of these Rules, in order to ensure that a proceeding be dealt with as informally and expeditiously as the circumstances and the considerations of fairness permit.
  2. Any procedural matter that arises in the course of a proceeding that is not provided for in these Rules shall be dealt with by the Committee as informally and expeditiously as the circumstances and the considerations of fairness permit.

4. Defect in Form or Procedure

No proceeding is invalid, in whole or part, by reason only of a defect in form or failure to follow a procedure that is set out in these Rules, where the defect or failure does not result in any material harm to a relevant interest.

5. Waiver of Rules

  1. Any participant may waive any procedural right that is granted to the participant under these Rules.
  2. In the absence of proof to the contrary, where any participant fails to take advantage of a procedural right granted under these Rules, the participant is deemed to have waived that right.

6. Time Limits

Where these Rules indicate that a time limit in to be specified in an order of the Committee or a notice of the Committee, the time limit specified shall provide for as informal and expeditious a proceeding as the circumstances and the considerations of fairness permit.

7. Transmitting Documents

  1. Unless otherwise provided by these Rules, any giving, sending, notifying, serving or filing that is required or permitted under these Rules may be done
    1. by hand, ordinary mail, registered mail or courier;
    2. by facsimile, if the recipient is able to receive the information in that manner; or
    3. by any other method that is agreed to by the recipient.
  2. A document that is sent by facsimile must include the following information:
    1. the name, address and telephone and facsimile numbers of the sender;
    2. the date and time of the transmission;
    3. the total number of pages transmitted;
    4. the name, address and telephone and facsimile numbers of the recipient; and
    5. the name, address and telephone and facsimile numbers of a person to contact if transmission problems occur.

8. Filing

  1. Subject to subrule (2), a document that is required to be filed under these Rules shall be filed at the office of the Chairperson.
  2. During a proceeding, a document may be filed with the presiding member of the Committee who is hearing or considering the matter.
  3. In the absence of proof to the contrary, the date of filing is the date on which the document is received by the Committee, as indicated
    1. by the date stamped on the document by an employee of the office that supports the Committee, in the case of a document that is filed in accordance with paragraph 7(1)(a); and
    2. by the date that appears on the covering page of the facsimile as processed by the receiving facsimile machine of the Committee, in the case of a document that is filed by facsimile.

9. Official Languages

  1. Subject to subrule (2), all documents given to the Committee must be in at least one official language.
  2. A person may give a document in a language other than an official language if, at the same time, the person gives a translation of the document in at least one official language, and an affidavit of the translator attesting to the accuracy of the translation.

10. Confidentiality

  1. Subject to subrule (2), in any proceeding, the Committee, as the case may be, may take measures under subrule (3) to protect information if
    1. the information involves national security;
    2. the information is confidential information of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential and the person affected has not consented to the disclosure;
    3. disclosure of the information is likely to endanger the life, liberty or security of a person; or
    4. disclosure of the information may jeopardize an investigation or reveal investigational techniques.
  2. The Committee may take the measures referred to in subrule (3) if
    1. protection of the information outweighs in importance the public interest in public consultation and disclosure of information; and
    2. the measures are designed so as not to affect the public nature of the proceeding except to the extent necessary to adequately protect the information.
  3. The measures that the Committee may take include requiring that
    1. the proceeding or part of the proceeding take place in private, to the exclusion of members of the public, other than the participants;
    2. the publication of information given to the Committee be restricted or prohibited; and
    3. the disclosure of information given or received by the Committee be prohibited or restricted to some or all of the participants.

11. Invitations

  1. In the case of a public consultation that is conducted by the Committee, a participant may request the Committee to issue an invitation by submitting a request in writing before the start of the proceeding or an oral request at the proceeding, but in any case as soon as the circumstances giving rise to the request become known to the participant.
  2. The request for an invitation shall set out
    1. the reasons for the invitation;
    2. how any information, record or thing to be brought by the person to be invited is relevant to the matter; and
    3. why the person to be invited is the appropriate person to bring the information, record or thing.
  3. An invitation shall be given directly to the person to be invited at least seven days before the day on which the person is requested to attend the public consultation.
  4. Where a public consultation is adjourned and the day for its reconvening is not disclosed at the time of the adjournment, the Committee must notify all persons who it has invited of the date of the reconvening
    1. at least five days before the person is requested to reattend; or
    2. where the Committee has given less than five days notice of the reconvening, within such notice period as is fair and reasonable in the circumstances.

12. Adjournments

The Committee on the request of a participant or on their own initiative, may adjourn a proceeding, on such terms and conditions as the Committee or the considers necessary in the interests of a fair, informal and expeditious consideration of the matter.

13. Record

  1. The Committee shall keep a record of the following in respect of every proceeding:
    1. any document that initiated the proceeding;
    2. any notice given by the Committee;
    3. any documentary evidence, written submission or other material filed with the Committee;
    4. any final decision of the Committee;
    5. any transcript of the proceeding that is made by the Committee; and
    6. any other relevant information that the Committee directs to be placed on the record.
  2. Subject to any measures taken under rule 10, the record kept under subrule (1) shall be open to the participants and the public.

Part 2: Public consultations

14. Application

This Part applies in respect of a public consultation that the Committee holds.

15. Notice of Public Consultation

  1. Where the Committee holds a public consultation on any matter under this Part, it may hold the hearing on one or more days and in one or more places.
  2. The Committee shall give notice of a public consultation to the participants at least 60 days before the start of the proceeding.
  3. The Committee shall also give a notice to the public at least 60 days before the start of the proceeding in any manner that the Committee considers will most likely result in the notice coming to the attention of persons interested in the matter being considered.
  4. The notices referred to in subrules (2) and (3) shall include
    1. a description of the matter being considered;
    2. where the Committee proposes to hold the public consultation on one day, the date, time and place of the public consultation;
    3. where the Committee proposes to hold the public consultation on more than one day, the dates, times and places, if known, of the public consultation;
    4. the requirement that participants who intend to participate in the proceeding must so notify the Committee in accordance with rule 16;
    5. the manner in which persons may request to intervene, as set out in rule 17; and
    6. the names and addresses of persons to whom copies of any information and submissions filed or to be filed with the Committee, for consideration at the public consultation, must be sent.

16. Participation

  1. A participant who is invited to appear at a public consultation shall be requested to file with the Committee, at least 30 days before the start of the public consultation, a notice that includes
    1. a statement of the participant's intention to appear and, where the participant will be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent; and
    2. copy of any documentary information and written submission that the participant will present to the Committee at the public consultation, and a list of any witnesses proposed by the participant.
  2. There shall be filed with the Committee, at least 30 days before the start of a public consultation, a copy of the documentary information and written submission that the employees of the RCMP will present to the Committee at the public consultation.
  3. Where a public consultation comprises two days, any documentary information and written submission filed under subrule (1) or (2) shall be considered by the Committee on each of those days, and the participants and their witnesses shall be invited to attend on each of those days unless the Committee directs otherwise in the interests of a fair, informal and expeditious consideration of the matter.

17. Intervention

  1. Where a request to intervene at a public consultation is filed with the Committee in accordance with subrules (2) and (3), the Committee, subject to these Rules, may permit the following persons to participate as intervenors at the public consultation in the manner and to the extent that the Committee considers will enable it to determine the matter before it in a fair, informal and expeditious manner:
    1. a person who has an interest in the matter being considered; or
    2. a person who has expertise in the matter or information that may be useful to the Committee in coming to a decision.
  2. Where the notice of public consultation given under this Part indicates one day, the request to intervene must be filed with the Committee by the filing date specified in the notice.
  3. Where the notice of public hearing given under this Part indicates two days, the request to intervene must be filed with the Committee at least 30 days before the second day.
  4. The request to intervene shall include
    1. the name, address and telephone and facsimile numbers of the requester;
    2. where the requester intends to be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent;
    3. a description of how the requester meets at least one of the conditions for intervening set out in subrule (1) and;
    4. a statement setting out whether the requester wishes to intervene by way of written submission only or by way of written submission and oral presentation, and a copy of the information and submission.
  5. Where a public consultation comprises two days or more, any written submission and oral presentation of a person permitted to intervene at the public consultation shall be considered by the Committee on the second day or such day as the Committee gives notice.

18. Requests for Rulings

  1. At any time before the start of a public consultation, a participant may file a request with the Committee for a ruling on a particular issue by setting out the issue and the reasons for the ruling that is sought.
  2. At the same time that a request for a ruling is filed with the Committee, the participant making the request must serve a copy of it
    1. on the other participants, if any; and
    2. where the participant is opposing a request to intervene, on the person requesting permission to intervene.
  3. At any time during the public consultation, a participant may make an oral request to the Committee for a ruling on a particular issue by explaining the issue and the reasons for the ruling that is sought.
  4. The Committee shall give its decision in relation to the request for a ruling after the Committee has provided the relevant persons an opportunity to present their views on the request.

19. Service

  1. Where a document is required under these Rules to be served personally, the service shall be made
    1. on an individual. by leaving a copy of the document with the individual or the individual's authorized representative or, if there is no such representative, with a person who agrees to accept service and is apparently over the age of 18 years;
    2. in the case of a partnership or other non-incorporated association of persons, by leaving a copy of the document with a person whom the partnership or association has designated to the Committee as its representative for the matter in question or,, if there is no such person, with a person who agrees to accept service and is apparently over the age of 18 years; and
    3. on a corporation, by leaving a copy of the document with an officer. director or agent of the corporation, any employee of the corporation who is at the place of business of the corporation and who is responsible for the management of the place of business or, if there is no such person, with any other person who agrees to accept service and is apparently over the age of 18 years.
  2. A document that is served by ordinary or registered mail shall be served at the address where mail is ordinarily received, as found on the most recent document filed with the Commission.
  3. The date of service of a document is
    1. where the document is served personally, the date of delivery;
    2. where the document is served by ordinary mail, the date that is 10 days after mailing unless there is information that shows that the date Is other than 10 days after mailing. in which case the date of service is the date so shown; and
    3. where the document is served by electronic transmission, the date of receipt that appears on the facsimile or electronic version of the document as processed by the recipient's facsimile or computer.
  4. Where these Rules require a document to be served, the Committee may, in the interests of a fair, informal and expeditious consideration of the natter, require proof of service to be filed with the Committee.
  5. Proof of service of any document may be made by showing
    1. an acknowledgment of service signed by or on behalf of the person served; or
    2. an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

20. Notice

Information that is not given in accordance with these Rules is considered to have been properly given where it is shown that the information or its substance came, within the required time limit, to the attention of the person to whom it was to be given.

21. Presentation of Information and Submissions

  1. During a public consultation, the Committee, subject to these Rules, may permit each participant to present information and submissions on the subject-matter orally or in writing, and may permit participants to question one another and any witnesses, and to respond to any submissions, in any manner and sequence that will enable the Committee to consider the matter before it in a fair, informal and expeditious manner.
  2. A person who makes an oral presentation at a public consultation must have complied with the documentary filing requirements of rule 16 or 17, as the case may be.
  3. A person who has filed documentary material with the Committee under rule 16 may file with the Committee, at least seven days before the start of the public hearing, documentary material to the extent necessary to supplement or amend the material originally filed.

22. Decision

The Committee shall give notice of its decision in respect of the matter that has been the subject of a public consultation by sending a copy of the decision to the participants.

Part 3: Opportunity to be heard by Committee

23. Application

This Part applies in respect of an opportunity to be heard that is given by the Committee, where Part 2 does not apply.

24. Notice

  1. The Committee shall notify a person or agency of the person or agency's opportunity to be heard.
  2. The notice shall
    1. set out the subject-matter of the opportunity to be heard;
    2. set out the time limits for filing submissions and information with the Committee; and
    3. set out the name and address of any person to whom copies of any information and written submissions must be sent, and the time limits for sending them.
  3. The Committee shall conduct the opportunity to be heard orally, by written submissions or in any other manner that will enable the Committee to decide the questions before it in a fair, informal and expeditious manner.

25. Decision of Committee

The Committee shall give notice of its decision in respect of the matter that has been the subject of an opportunity to be heard under this Part by sending a copy of the decision to the person or agency and any other persons who intervened in the proceeding.

26. Coming In Force

These Rules come into force on the day on which they are approved by the Committee. These Rules of Procedure may be amended at such time and in such manner as determined by the Committee.

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