15-602 - Electronic hearings [BCP - Rescinded]

Concurrently Published:

• BCN 2007/11 - Revised BC Policy 15-602 - Electronic hearings [BCN - Lapsed]

Introduction
This policy describes procedures for holding Commission hearings with evidence and submissions provided to the Commission in electronic form.

Part 1 - Application
This policy applies to hearings under the Securities Act, RSBC 1996, c 418.

Part 2 - What is an electronic hearing
The Commission holds hearings using documents in electronic form. This e-hearings system enables a party to introduce evidence and file submissions (applications, arguments, and authorities) in electronic form through the hearing officer. All other hearing procedures are described in BC Policy 15-601 - Hearings.

Part 3  - What happens before the hearing
Parties submit their evidence to the secretary to the Commission two weeks prior to the scheduled hearing date. We expect parties to provide these documents in an acceptable electronic format on CD or DVD.

Parties inform the secretary to the Commission prior to the hearing of all documents they have agreed are exhibits. These documents will be pre-marked as exhibits and made available to the panel through the hearing officer when the hearing commences.

On request to the secretary to the Commission, the Commission provides parties with:
" monitors and computers in the hearing room for case management (or parties may use their own computers), and
" monitors in the hearing room that display a real-time rough transcript of the oral evidence (LiveNote).

Part 4 - What happens at the hearing
Parties should arrive early to organize their cases.

The panel, the hearing officer, the parties, and the witness have monitors called slave screens. When a party introduces evidence, the party instructs the hearing officer to display the document. The hearing officer simultaneously displays the document on all the slave screens, and on a large wall screen.

When a party introduces a document that is not marked by consent as an exhibit, the hearing officer will mark it as an exhibit if there is no dispute and the panel agrees. If a document is in dispute, it is marked for identification. Once the document is marked, either as an exhibit or for identification, the panel members can view and manage it on their computers.

Parties provide submissions to the secretary to the Commission in electronic form on CD, on DVD or by email prior to introducing them in the hearing.

Part 5 - The e-hearings system is secure
The e-hearings system has built in security protections. Everyone's computer files are their own and no one else can access them. A person can only access their files with a user ID and password.

Part 6 - The Commission offers a demonstration of the e-hearings system
Before the hearing, the Commission offers a demonstration of the e-hearings system to any party that is interested. Please contact the secretary to the Commission.

Part 7 - A party may apply for exemption
If a party thinks that anything in this policy is unfair, the party may apply for exemption by writing to the secretary to the Commission. Please explain the unfairness, say what you want to do and why, and copy the other parties.

Part 8 - You may contact the secretary to the Commission

At this e-mail: commsec@bcsc.bc.ca

At this fax: 604-899-6506

At this address:
Secretary to the Commission
British Columbia Securities Commission
PO Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC
V7Y 1L2

At this phone: 604-899-6534