Mobility of the Tribunal

Mobility of the Financial Markets Administrative Tribunal

The Financial Markets Administrative Tribunal (the “Tribunal”) would like to inform citizens and organizations that might be party to a dispute before the Tribunal, as well as their respective counsel, that the Tribunal is ready to travel to hold hearings. 

Background

To increase accessibility to justice and optimize the efficiency of the proceedings before the Tribunal for all parties involved, the Tribunal has implemented a “mobile tribunal”. Thus, hearings on the merits can be heard in other locations in Québec, not just at the Tribunal’s head office in Montréal.

The Tribunal is currently in the process of overhauling its rules of procedure (Rules of Procedure of the Financial Markets Administrative TribunalThis link open an external website in a new window.). The Tribunal wants to use this opportunity to set out the rules governing the tribunal’s mobility.

The implementation of the tribunal’s mobility is therefore timely to define the optimal terms and conditions of the mobile tribunal, in order to guarantee just, fair and efficient application. 

Type of hearings involved

The pro forma hearings (including the practice divisions) will still be held at the Tribunal’s head office, except in specific circumstances.

It should be noted that it is currently possible for a party or its counsel to participate in a pro forma hearing via telephone. A request to this effect must be submitted to the Secretariat.

This option is for situations in which travel is too burdensome given the nature of the hearing and the situation of the party or the party’s counsel. Moreover, this option is only possible if the party or the party’s counsel is able to provide a direct telephone number to the Tribunal.

Procedure for requesting mobility

  • The application for mobility must be justified and the subject of a representation in :

    • the principal application; or
    • a separate application with a notice of presentation to the practice division (fees of $110 normally apply for a separate application; however, no fees will be charged while the pilot project is being conducted);

  • The application for mobility must be heard in the practice division (and argued, if necessary);
  • Barring exceptions, no evidence will be produced; the Tribunal will take the facts alleged by the parties as proven, unless these are contested;
  • The Tribunal will render a decision (verbal or written) indicating the location for the hearing on the merits, if applicable.

Criteria and circumstances that may justify mobility

  • Location of the parties;
  • Location of the witnesses;
  • Place of alleged violations;
  • Physical condition of a party or a witness preventing that person from travelling to the Tribunal;
  • Exceptional circumstances.

A criterion is not decisive in itself. All the criteria will be considered and weighed as a whole in light of the case’s particular features, to assess what best meets the objectives of the mobility program, i.e. :

  • Accessibility to justice;
  • Optimization of the efficiency of the proceedings for all the parties.

Location of the hearing

The party or the party’s counsel will indicate in the application the city in which it would be best to hold the Tribunal’s hearing.

If the application is granted, the Tribunal will determine the city and the location of the hearing based on the following criteria:

  • The cities suggested by the parties;
  • Options for premises in the city suggested or in any other cities in the same district;
  • Accommodation and transportation;
  • Costs;
  • Technical aspects (recording and technological environment available).

It should be noted that the Tribunal has already reached agreements with some organizations for possible use of their premises.

Fees 

For now, the parties will not be charged any fees.

Feedback

In conclusion, the Tribunal would like to reiterate its commitment to improving the quality of its services and encourage anyone who wishes to provide feedback to do so by contacting the Tribunal’s Secretariat by telephone or at the following email address  :

secretariatTMF@tmf.gouv.qc.ca