On February 15, 2023, the Financial Markets Administrative Tribunal (FMAT) formally adopted a comprehensive set of new Rules of Evidence and Procedure pursuant to the Act respecting the regulation of the financial sector. These revised rules come into effect on March 31, 2023, and are designed to enhance the efficiency and transparency of the Tribunal’s operations.

The updated rules aim to refine the handling of cases, ensuring a more streamlined and transparent process. The primary changes include:

• • The new rules apply to all matters before the FMAT, focusing on simplicity, flexibility, and expediency. They are crafted to ensure that proceedings are fair, just, and consistent with the principles of natural justice and equal treatment of parties.
  • Documents must now be filed using methods compatible with the Tribunal’s technological infrastructure. Submissions received after 4:30 p.m. will be deemed filed on the following business day. Parties are required to notify each other of filed documents, with proof of such notifications to be submitted to the Tribunal.
  • Hearing dates will be set once all necessary documents have been submitted. Prior to pre-hearing conferences, parties must file a designated form and provide lists of witnesses along with summaries of their anticipated testimonies. Requests for postponements must be promptly made and substantiated with valid reasons.
  • Parties have the right to legal representation. Lawyers must confirm their appointment in writing and keep the Tribunal informed of any changes in contact details. Should a lawyer withdraw from a case, they are required to inform the Tribunal and the other parties, especially if a hearing date is already scheduled.
  • Subpoenas are required to summon witnesses, with sufficient notice given. Expert witnesses must provide their qualifications and ensure that their testimony is impartial. Hearsay evidence may be admitted if it is deemed reliable and relevant.
  • Tribunal decisions will be dispatched to the parties’ last known address or email. In cases where decisions are rendered in the absence of a party, they will be accompanied by the original pleading.

These revisions are intended to bolster the Tribunal’s operational efficiency and fairness. By modernizing procedural rules and integrating technological advancements, the FMAT seeks to improve case management, minimize delays, and uphold justice.

Quebec (chapter E-6.1), March 1, 2023.