12. Preliminary issues
On this page
- 12.1 Adjournments (or postponements)
- 12.2 Time extensions
- 12.3 Hearings are open to the public and our decisions are published online
- 12.4 Excluding witnesses
- 12.5 New evidence during reviews of a minister’s decision
Preliminary issues are concerns that a party wants discussed prior to the hearing. If you have a preliminary issue, you should contact CART as soon as possible.
Examples of preliminary issues include:
- adjournment requests (when a party asks that the hearing happen on another day);
- access to documents;
- if witnesses have shown or will show up;
- what the witnesses can hear before they testify;
- whether certain evidence can be provided to CART;
- technology problems; and
- accommodation requests.
Not every hearing will have preliminary issues.
12.1 Adjournments (or postponements)
In exceptional cases, you may request that CART change the hearing date (postpone or adjourn).
You must make these requests as soon as possible.
12.2 Time extensions
Although CART cannot extend time limits in the AAAMP Act, it can extend those in the Rules.
When requesting more time for the limits set in the Rules, be sure to include:
- your case number;
- the original deadline;
- how much extra time you are requesting;
- the reasons you want an extension; and
- whether you have already requested an extension in this file.
12.3 Hearings are open to the public and our decisions are published online
Hearings at CART are public.15 For a list of CART’s upcoming oral hearings, please see our hearing schedule. If you would like to observe a hearing, please email the Registrar.
Tribunal decisions are published in French and English on CART’s website and on CanLII, a legal decision website.
That said, in exceptional cases, a party may request that proceedings be held in private.16
12.4 Excluding witnesses
Most witnesses cannot attend the oral hearing until they have testified. The purpose is to make sure that witnesses’ testimony is not influenced by what is said at the hearing.
A party may request that CART formally order witnesses excluded from the hearing until they have testified. CART may also make such an order.
12.5 New evidence during reviews of a minister’s decision
This section applies only to requests of a minister’s decision.
You must request CART’s permission to introduce new evidence that was not provided to the Minister.17
Your request needs to explain why the new evidence:
- is relevant;
- is necessary; and
- was not available to the Minister.
The other party will have a chance to respond to the request.
CART will consider the parties’ arguments before deciding whether to allow the new evidence.