Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p56
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 143962–146731

is completed as required by regulation 9.5; and
 (ii) in the approved form.
 (3) The Commissioner must give the applicant a copy of a request under paragraph (2)(b) as soon as practicable.
 (4) The Commissioner must notify the parties of the decision as soon as practicable.

5.20  Hearing and decision—other circumstances
 (1) This regulation applies to an opposition if:
 (a) the periods for filing evidence have ended; and
 (b) the notice of opposition has not been withdrawn under regulation 5.26; and
 (c) the opposition has not been dismissed under Part 5.4 or heard and decided under regulation 5.19.
 (2) The Commissioner:
 (a) must hold a hearing of the opposition if requested by a party in writing; or
 (b) may decide, on the Commissioner's own initiative, to hold a hearing of the opposition.
 (3) The hearing may, at the Commissioner's discretion, be:
 (a) an oral hearing; or
 (b) by written submissions.
 (4) If the Commissioner decides on an oral hearing:
 (a) the Commissioner must notify the parties of the date, time and place of the hearing; and
 (b) the opponent must file a summary of submissions at least 10 business days before the hearing; and
 (c) the applicant must file a summary of submissions at least 5 business days before the hearing; and
 (d) the Commissioner must give a copy of each party's summary of submissions to the other party as soon as practicable.
 (5) The Commissioner must:
 (a) decide the opposition; and
 (b) notify the parties of the Commissioner's decision.
 (6) The Commissioner, in making an award of costs in relation to an opposition under subregulation 22.8(2), may consider a failure by a party to file a summary of submissions under subregulation (4).

Part 5.6—Miscellaneous

5.21  Opposition to amendment—grounds
  For subsection 104(4) of the Act, an opposition to an amendment may be made only on the ground that the amendment is not allowable under:
 (a) section 102 of the Act; or
 (b) regulation 10.3.
Note: For the period for filing a notice of opposition to the allowance of an amendment, see subregulation 5.10(1).

5.22  Commissioner may give directions
 (1) The Commissioner may give a direction in relation to an opposition to which this Chapter applies:
 (a) if requested by a party in writing; or
 (b) on the Commissioner's own initiative.
 (2) If the Commissioner proposes to give a direction, the Commissioner must give the parties an opportunity to make representations about the direction.
 (3) A direction must not be inconsistent with the Act or these Regulations.
 (4) The Commissioner must notify the parties of the direction as soon as practicable.

5.23  Commissioner may consult documents
 (1) For the purposes of deciding an opposition, the Commissioner may consult a document that: