Motions in Proceedings to be Heard by Three Members
3. (1) This section applies to the hearing of motions in a proceeding in which the chair of the Hearing Panel is required by section 1 or subsection 2 (3) to assign three members of the Panel to the hearing to determine the merits of the proceeding. O. Reg. 30/99, s. 3 (1). (2) The chair of the Hearing Panel shall assign the same three members of the Panel who are to determine the merits of the proceeding to the hearing of a motion in the proceeding if the motion relates to any of the following matters: 1. The jurisdiction of the Hearing Panel to hear and determine the proceeding. 2. The jurisdiction of the Society to initiate the proceeding. 3. The exclusion of the public from all or part of a hearing. 4. Disclosure of particulars, documents or things from a person who is not a party to the proceeding. 5. The production of documents by a person who is a party to the proceeding, if the chair of the Hearing Panel is of the opinion that the motion will likely require the members of the Panel who hear the motion to examine some or all of the documents. 6. A stay of the proceeding. 7. The exclusion of witnesses from all or part of a hearing. 8. A constitutional issue. 9. A motion under subsection 39 (1) of the Act to require the member or student member who is the subject of the proceeding to be examined by one or more physicians or psychologists. 10. A motion made, with the consent of the parties, to deal in an application under section 34 of the Act with a matter that would otherwise have to be the subject of an application under section 38 of the Act. 11. A motion to which, in the opinion of the chair of the Hearing Panel, the Mental Health Act may apply. 12. A motion that is transferred under this section to the three members of the Panel who are to determine the merits of the proceeding. 13. Any matter that arises during the hearing of the merits of the proceeding. O. Reg. 30/99, s. 3 (2). (3) Subject to paragraphs 12 and 13 of subsection (2), the chair of the Hearing Panel shall assign three members of the Panel to the hearing of a motion in the proceeding, and is not required to assign any of the members who are to determine the merits of the proceeding, if the motion relates to any of the following matters: 1. The issue of whether two or more proceedings should be heard together. 2. Disclosure of particulars and things that are not documents from a party to the proceeding. 3. The production of documents by a party to the proceeding, if the chair of the Hearing Panel is of the opinion that the motion is not likely to require the members of the Panel who hear the motion to examine any of the documents. 4. Adding a party to the proceeding or authorizing a person who is not a party to participate in a hearing. 5. Withdrawal of the counsel or agent for a party to the proceeding. 6. A request for an order prohibiting a party to the proceeding from making further motions in the proceeding without leave of the Hearing Panel. O. Reg. 30/99, s. 3 (3). (4) Subject to paragraphs 12 and 13 of subsection (2), the chair of the Hearing Panel shall assign one member of the Panel to the hearing of a motion in the proceeding, and is not required to assign any of the members who are to determine the merits of the proceeding, if the motion relates to any of the following matters: 1. The extension or abridgement of any time prescribed by the rules of practice and procedure or by a previous order of the Hearing Panel. 2. The place of hearing for the hearing of a motion or for the hearing of the merits of the proceeding. 3. The form of a hearing, including the issue of whether to hold an electronic hearing. 4. The holding of a pre-hearing conference or the terms on which a pre-hearing conference may be held. 5. The consequences of failure to comply with an interlocutory order made in the proceeding by one member of the Hearing Panel. O. Reg. 30/99, s. 3 (4). (5) Subject to paragraphs 12 and 13 of subsection (2), the chair of the Hearing Panel shall assign three members of the Panel to the hearing of a motion in the proceeding, and is not required to assign any of the members who are to determine the merits of the proceeding, if the motion is not described in subsection (2), (3) or (4). O. Reg. 30/99, s. 3 (5). (6) Despite subsection (5), if the parties to the motion agree, the chair of the Hearing Panel shall assign one member of the Panel to the hearing of a motion in the proceeding, and is not required to assign any of the members who are to determine the merits of the proceeding, if the motion is not described in subsection (2), (3) or (4). O. Reg. 30/99, s. 3 (6). (7) Despite subsection (4) and despite the agreement of the parties under subsection (6), the chair of the Hearing Panel may assign three members of the Panel to the hearing of a motion that is described in subsection (4) or to the hearing of a motion that is not described in subsection (2), (3) or (4) if the chair is of the opinion that the assignment of three members would facilitate the hearing of the motion together with another motion to which the chair is required to assign three members. O. Reg. 30/99, s. 3 (7). (8) If three members of the Hearing Panel other than the three members who are to determine the merits of the proceeding are assigned to the hearing of a motion, the members assigned to the hearing of the hearing of the motion may, on motion by a party to the motion or on their own motion, transfer the hearing to the three members of the Panel who are to determine the merits of the proceeding. O. Reg. 30/99, s. 3 (8). (9) If one member of the Hearing Panel is assigned to the hearing of a motion, the member assigned to the hearing may, on motion by a party to the motion or on his or her own motion, transfer the hearing to the three members of the Panel who are to determine the merits of the proceeding. O. Reg. 30/99, s. 3 (9). (10) If a motion that relates to the production of documents by a party to the proceeding is not assigned to the three members of the Hearing Panel who are to determine the merits of the proceeding and the members of the Panel who are assigned to hear the motion are of the opinion that some or all of the documents should be examined, the members of the Panel who are assigned to hear the motion shall transfer the hearing to the three members of the Panel who are to determine the merits of the proceeding. O. Reg. 30/99, s. 3 (10). (11) If a motion is not assigned to the three members of the Hearing Panel who are to determine the merits of the proceeding and the member or members of the Panel who are assigned to hear the motion are of the opinion that the Mental Health Act may apply to the motion, the member or members of the Panel who are assigned to hear the motion shall transfer the hearing to the three members of the Panel who are to determine the merits of the proceeding. O. Reg. 30/99, s. 3 (11). (12) If a hearing is transferred under subsection (8), (9), (10) or (11), the hearing shall begin anew. O. Reg. 30/99, s. 3 (12). (13) If three members of the Hearing Panel are assigned to the hearing of a motion under this section, subsections 1 (4) and (5) apply. O. Reg. 30/99, s. 3 (13). Motions in Proceedings to be Heard by One Member