3(1)An application shall be commenced by a Notice of Application under the Rules of Court.

3(2)Subject to subsection (3) and to the extent they are not inconsistent with this Regulation or the Act, the Rules of Court apply to an application or the appeal of an order under section 122.1 of the Act.

3(3)Rules 38.09(b), 39.02 and 39.03 of the Rules of Court do not apply to an application.

3(4)When a party to an application prepares a pre-hearing brief under Rule 38.06.1 of the Rules of Court, the party shall include a list of the witnesses that the party intends to call at the hearing of the application.

3(5)Notwithstanding Rule 39.01(5) of the Rules of Court, an affidavit for use on an application may contain statements as to the information and belief of the deponent with respect to facts that are contentious if the source of the deponent’s information and the deponent’s belief in the information are specified in the affidavit.

4(1)A Notice of Application and any affidavits in support of the application shall be served on the respondent within 10 days after the Notice of Application is issued.

4(2)Within 30 days after being served with a Notice of Application under subsection (1), a respondent shall serve on the applicant any affidavits in response to the application.

5(1)If 30 days have elapsed from the date on which a Notice of Application is served under subsection 4(1), a judge may, at the request of a party or on his or her own motion, direct the solicitors for the parties and any party not represented by a solicitor, to appear before the judge for a pre-hearing conference to consider procedural matters related to the hearing of the application.

5(2)At a conference under subsection (1), a judge may give any directions that he or she considers just and proper for the purpose of ensuring that the application will be properly and finally disposed of at the hearing of the application.

6(1)At a pre-hearing conference under subsection 5(1), in addition to any directions that he or she may give, a judge may order the following:

6(2)The procedure set out in Rule 33 of the Rules of Court applies to an examination ordered under paragraph (1)(a).

7(1)An application shall not be discontinued by an applicant without leave of a judge.

7(2)Before a judge may grant leave to discontinue an application, the clerk of the judicial district in which the application was commenced shall publish notice of the request to discontinue in a newspaper published or having general circulation in the electoral district to which the application relates.

7(3)Within 30 days after a notice has been published under subsection (2), a person who is qualified to be an applicant may apply to a judge to be substituted as the applicant.

7(4)A judge may grant leave to discontinue an application if 30 days have elapsed since the publication of the notice under subsection (2) and no person has applied to be substituted as an applicant under subsection (3).

7(5)Within 30 days after the death of a sole applicant or the death of the survivor of several applicants, a person who is qualified to be an applicant may apply to a judge to be substituted as the applicant.

7(6)A respondent may apply to a judge to dismiss an application if 30 days have elapsed since the death of a sole applicant or the death of the survivor of several applicants and no person has applied to be substituted as an applicant under subsection (5).

7(7)Before an application may be dismissed under subsection (6), the clerk of the judicial district in which the application was commenced shall publish notice of the request to dismiss in a newspaper published or having general circulation in the electoral district to which the application relates.

7(8)Within 30 days after a notice has been published under subsection (7), a person who is qualified to be an applicant may apply to a judge to be substituted as the applicant.

7(9)An application may be dismissed under subsection (6) if 30 days have elapsed since the publication of the notice under subsection (7) and no person has applied to be substituted as an applicant under subsection (8).