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Regulations
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THE CANADIAN YACHTING ASSOCIATION
(the "Association")
REGULATION NO. 1 OF THE ASSOCIATION
RULES OF PROCEDURE
Any body of persons (the "Hearing body") constituted under the Association's Letters Patent, By-laws and Regulations which exercises any quasi-judicial function, with the exception of Protest committees and Juries under the Racing Rules of Sailing, shall, in the interest of conducting their proceedings with fairness and justice, follow the procedures set out below.
SECTION 1 - APPLICABLE LAW
1.1 The laws of the Province of Ontario shall be applicable in regards to all questions of governance and interpretation of these Rules of Procedure. These Rules of Procedure shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and any person, counsel or agent to which these Rules of Procedure apply irrevocably attorns to the non-exclusive jurisdiction of the courts of Ontario.
SECTION 2 - GENERAL PROCEDURE
2.1 The proceedings of the Hearing body and all documents filed with the Hearing body shall be in the English language (except that a person or organization that is predominately French speaking may request that certain documents be translated).
2.2 Preliminary matters may be conducted by conference calls.
2.3 The Hearing body may, in the interest of justice, dispense with compliance with any rule at any time.
2.4 The Hearing body may extend any time prescribed by these rules.
2.5 All documents may be filed with the Association's office by facsimile provided the original documents are sent by mail the same day.
2.6 An appeal may be commenced or carried on either in person or by counsel or agent.
2.7 A Provincial Sailing Association or body corporate shall not commence or carry on an appeal except by counsel or agent duly appointed for that purpose.
SECTION 3 - FORM OF PROCEEDING
3.1 For the purpose of these rules an appeal includes:
(a) an appeal by a competitor from a suspension of eligibility by a protest committee, jury or the Association under the Racing Rules of Sailing as sanctioned by the Association, and
(b) any proceeding by which any person, body or organization may be disciplined, lose a position or ranking or lose membership in the Association or any of its constituent bodies.
3.2 An appeal shall be commenced by a Notice of Defence or Appeal (the "Notice") in writing within 21 days of publication of the Notice of Hearing or an appealed decision.
3.3 The Notice shall include:
(a) The Complaint or the decision appealed or to be reviewed.
(b) The reasons for the Notice.
(c) The relief, if any, sought from the complaint or appealed decision.
(d) The relevant facts and any transcript or recording thereof.
(e) An accurate translation into the English language of the above when originally in any other language.
(f) The name, address, telephone number and, when available, the facsimile number of the party giving notice.
3.4 The Notice shall be filed with the Executive Director at the Association's office:
(a) personally, or
(b) by registered mail or other form of recorded delivery, or
(c) by facsimile in accordance with Rule 2.5
3.5 The Notice shall be similarly transmitted to the other party to the proceeding, namely the person or body instituting the proceedings or the body whose decision is appealed or the competitor whose eligibility is in question. A statement confirming such transmission shall be filed with the Executive Director at the same time as the Notice.
3.6 An originating Notice shall be accompanied by a filing fee of $25 Cdn payable to the Association.
3.7 The other party may contest a Notice by filing a Reply to the Notice with the Executive Director and transmitting it to the party filing the Notice in the same manner as the original Notice and within 21 days after receipt thereof.
3.8 The Reply shall include:
(a) A statement of why the complaint or appeal should not be allowed.
(b) The facts, any documentary evidence or any transcript or recording of any previous proceedings, if any, not filed with accurate translation to the English language when in any other language.
(c) The name, address, telephone number and, when available, facsimile number of the contesting party.
3.9 A party to an appeal may, in exceptional circumstances, apply to the Hearing body within 15 days of service of the Reply to have evidence taken on sworn commission or letters rogatory or by affidavit at the party's own expense when it appears necessary in the interest of justice.
3.10 The Presiding officer of the Hearing body holding the hearing (the "Presiding officer") may, after consultation with parties to the appeal, order the taking of such evidence on such terms as seem appropriate or request additional information from any party.
3.11 Fifteen (15) days after either:
(a) timely receipt by the Executive Director of a Notice, Reply to a Notice and any evidence taken pursuant to rules 3.9 and 3.10, or
(b) failure to file a Reply to Notice of Appeal within the time limited by rule 3.7 and receipt of any evidence taken pursuant to rule 3.9 and 3.10, the record of the proceeding shall be deemed to be perfected and the Executive Director shall:
(i) provide the Presiding officer with copies of the documents and,
(ii) require the parties to the appeal to advise him within 10 days in writing whether they wish to present their submissions orally in person or by counsel or agent or to have the appeal decided on the written record and written submissions provided to the Hearing body and to each other within 30 days.
The Presiding officer shall appoint a panel of not less than three (3) members of the Hearing body to review the appealed decision.
3.12 When oral submissions are to be made, the Presiding officer shall fix a date and place for the hearing not less than 30 days nor more than 60 days after the appeal was perfected.
3.13 The Executive Director shall forthwith advise the parties by Notice of Hearing of the date and place of hearing which may be changed by conference call, confirmed in writing, when a party satisfies the Presiding officer within 15 days of the date of the Notice of Hearing that he is unable to appear at the designated time or place.
3.14 The Executive Director may, in consultation with the Presiding officer and the parties, change the place or date of hearing or both at least 10 days before the scheduled date when such change is necessary in the interest of justice.
3.15 When the appeal is to be decided on the written record the Hearing body shall review the record including any written submissions by the parties filed in accordance with rule 3.11(b)(ii) and decide the appeal with all possible dispatch.
3.16 When the appeal is to be heard orally the panel shall consider all matters raised by the Notices and Replies and by any party in person or by counsel.
3.17 At the conclusion of an oral hearing or within 15 days thereof the panel shall render its decision in writing. The panel may, within thirty (30) days of its decision, also provide written reasons for its decision where the facts of the case or the decision made this desirable.
3.18 A panel decision may approve, revise or nullify a decision or order a hearing or a re-hearing by the suspending authority on such terms as the panel may specify.
3.19 A decision following a hearing or re-hearing ordered by the Hearing body may also be appealed to the Hearing Body.
3.20 The Executive Director shall forthwith communicate each decision to all parties to the hearing and, in the case of a suspension of eligibility to all Provincial Sailing Associations and to any clubs and classes involved in the incidents which gave rise to the hearing.
3.21 This Regulation No. 1 of the Association is effective from November 30, 2002.
