R-6.1, r. 2 - Rules of procedure of the Régie des alcools, des courses et des jeux

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chapter R-6.1, r. 2
Rules of procedure of the Régie des alcools, des courses et des jeux
RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX — PROCEDURE
Act respecting the Régie des alcools, des courses et des jeux
(chapter R-6.1, s. 31).
R-6.1
September 1 2012
DIVISION I
GENERAL
1. These Rules are intended to enable any interested person to be aware of the conditions governing the exercise of his or her right to make representations before the Régie des alcools, des courses et des jeux and to facilitate the preparation and the simple and quick conduct of cases heard by one or more commissioners.
These Rules add to those provided for, in particular, in the Act respecting racing (chapter C-72.1), the Act respecting administrative justice (chapter J-3), the Act respecting lotteries, publicity contests and amusement machines (chapter L-6), the Act respecting liquor permits (chapter P-9.1), the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the Act respecting safety in sports (chapter S-3.1) and those provided for in the statutory instruments made under those Acts.
O.C. 940-2002, s. 1.
2. Unless otherwise provided for in the Act, the board may excuse a person who fails to meet a deadline or to complete a formality if the person demonstrates that he or she had serious reasons not to act sooner or otherwise and if the board is of the opinion that no other interested person suffers material prejudice as a result.
O.C. 940-2002, s. 2.
3. In computing any time period, the day marking the beginning is not counted, but the terminal day is counted. If a deadline expires on a day the offices of the board are closed, the deadline shall be extended to the next working day.
O.C. 940-2002, s. 3; I.N. 2016-01-01 (NCCP).
4. In these Rules, the expression “interested person” also means a “person referred to”, a “person in question” or a “representative of the board”, depending on the context.
O.C. 940-2002, s. 4.
DIVISION II
MEDIATION OF A DISPUTE RELATED TO THE GRANTING OF A PRIZE IN A PUBLICITY CONTEST
5. In an attempt to settle a dispute related to the granting of a prize in a publicity contest, a participant and the person or organization for whose benefit the contest is held shall sign the mediation agreement submitted by the designated mediator.
The agreement shall specify, in particular, that mediation is undertaken freely and voluntarily, the role of the mediator and parties, the confidentiality of the mediation process and that the parties waive their right to summon the mediator before a court or another decision-making authority.
O.C. 940-2002, s. 5.
6. The parties may, at their own discretion, withdraw from the mediation process provided that notice is given immediately to the mediator and the other party. The mediator may at all times suspend or terminate the mediation if he or she considers that it would be ill-advised to pursue it.
O.C. 940-2002, s. 6.
DIVISION III
APPLICATION FOR THE CANCELLATION OR SUSPENSION OF A LIQUOR PERMIT
7. Where an application for the cancellation or suspension of a permit or authorization is submitted by the Minister of Public Security, a local municipality or any other interested person in accordance with the provisions of section 85 of the Act respecting liquor permits (chapter P-9.1), it shall include a written statement of the facts in support of the application.
O.C. 940-2002, s. 7.
8. If the facts stated may give rise to the application of section 86 or 86.0.1 of that Act, the board shall inform the permit holder of the date and place of the hearing on the application.
O.C. 940-2002, s. 8.
DIVISION IV
TRANSMISSION OF DOCUMENTS
9. A document shall be transmitted by any means making it possible to establish the dates of its sending or receipt. If the circumstances so require, the board may authorize another method of communication such as publication in a newspaper or posting in the offices of the board.
O.C. 940-2002, s. 9.
10. The board shall transmit documents to the last known address.
O.C. 940-2002, s. 10.
DIVISION V
REPRESENTATION
11. An advocate representing a person shall so inform the board in writing.
O.C. 940-2002, s. 11.
12. An advocate who ceases to represent a person shall so inform the board and the other interested persons in writing and indicate the date on which his or her mandate ends.
O.C. 940-2002, s. 12.
DIVISION VI
PRE-HEARING CONFERENCE
13. The board may, upon request by an interested person or on its own initiative, hold a pre-hearing conference so as to find means likely to simplify, shorten or facilitate a hearing or to produce any document or exhibit.
O.C. 940-2002, s. 13.
14. The admission of facts and the production of documents or exhibits during the pre-hearing conference shall be recorded in writing under the signature of a commissioner and shall be filed into the record.
O.C. 940-2002, s. 14.
DIVISION VII
INTERVENTION AND OBJECTION
15. An objection or intervention shall state the reasons on which it is based and be forwarded to the applicant by any means making it possible to establish the shipping date within the same time limit that the applicant has to forward it to the board.
An objection or intervention in matters of bingo shall be sent as soon as possible by the board to the interested persons.
O.C. 940-2002, s. 15.
DIVISION VIII
JOINDER OF SEVERAL CASES AND HEARING BY PREFERENCE
16. Several cases before the board pertaining to the same issues or whose matters could suitably be joined, whether or not the same persons are involved, may be dealt with at the same time and decided on the same information or documents as decided by the board on its own initiative or following a request by an interested person. The board may also decide that a case is to be dealt with first, the others remaining suspended until a decision is made on the first case. The board may also decide that a case is to be heard by preference.
O.C. 940-2002, s. 16.
DIVISION IX
HEARING
17. The board may hold a hearing by means of a teleconference.
O.C. 940-2002, s. 17.
18. In addition to the cases provided for in the Act, the board shall hold a hearing each time that it considers it necessary so as to allow an interested person to make representations.
O.C. 940-2002, s. 18.
19. In the absence of a deadline prescribed by the Act, the board shall inform the interested persons of the date, time and place of the hearing at least 10 days before it is held.
Notwithstanding the foregoing, the board is exempt from that obligation where the interested persons agree thereto or in a context of emergency in order to avoid irreparable prejudice to the persons or their property.
O.C. 940-2002, s. 19.
20. If, on the date of the hearing, an interested person is absent, the board may proceed without further notice or delay or postpone the hearing to a later date.
O.C. 940-2002, s. 20.
21. Any discontinuance of an application shall be forwarded in writing to the board before the hearing or orally communicated at the hearing.
O.C. 940-2002, s. 21.
22. A person who requires the presence of a witness may summon the witness at his or her expense by means of a subpoena issued by the board and served at least 5 days before the hearing date.
A person may, in the same manner, be summoned to produce documents.
O.C. 940-2002, s. 22.
23. An interested person who wishes to produce an expert witness shall so inform the board and any other interested person at least 5 days before the hearing is held.
The report by the expert, or in the absence of such report, the subject of his or her testimony, shall be sent to them in writing within the same time limit.
O.C. 940-2002, s. 23.
24. A witness is declared expert when his or her qualifications or experience are established or are recognized by the interested persons. An expert witness may make representations on matters within the range of his or her expertise.
O.C. 940-2002, s. 24.
25. An application for postponement shall be made to the board and sent by the applicant to any person interested in the hearing. It may be granted for serious reasons only. No postponement shall be granted on the sole basis that the interested persons agree thereto. The board may then postpone the hearing to another date fixed immediately by it or left undetermined. The postponement may be subject to certain conditions.
O.C. 940-2002, s. 25.
DIVISION X
RECORDING OF THE HEARING
26. The board shall record representations made during a hearing.
Subject to the first paragraph, the use of cameras and recording machines is prohibited during a hearing, except in exceptional circumstances.
O.C. 940-2002, s. 26.
27. Minutes shall be drawn up for every hearing; the minutes of the hearing shall contain the names and addresses of all interested persons, advocates and witnesses, as well as a list in alphanumeric order of each exhibit produced and every decision made during the hearing.
O.C. 940-2002, s. 27.
DIVISION XI
TAKING UNDER ADVISEMENT AND DECISION
28. The board may, on its own initiative or upon request by an interested person, order the reopening of the inquiry of a case under advisement. The request shall be submitted to the board by means of a written statement of the facts in support of the request and shall be sent to every interested person.
O.C. 940-2002, s. 28.
29. The board’s decision shall be rendered within 3 months of the taking under advisement.
O.C. 940-2002, s. 29.
DIVISION XII
TRANSITIONAL AND FINAL
30. Matters before the board on 19 September 2002 shall be pursued in compliance with these Rules.
O.C. 940-2002, s. 30.
31. These Rules replace
(1)  the Regulation respecting the procedure applicable before the Régie des alcools, des courses et de jeux (R.R.Q., 1981, c. P-9.1, r. 7); and
(2)  the Rules respecting practice and procedure (Decision 84-09-20).
O.C. 940-2002, s. 31.
32. (Omitted).
O.C. 940-2002, s. 32.
REFERENCES
O.C. 940-2002, 2002 G.O. 2, 4630