Rules for the Permanent Appeal Committee for The Liberal Party of Canada

Rules for the Permanent Appeal Committee for The Liberal Party of Canada 1. Definitions In the rules, appeal means any request to review any matter or decision made during the process of selection of candidates for the LPC for an election; candidate means any person who is selected to represent the LPC to seek to become a member in the House of Commons for an electoral district in an election; electoral district association means any federal LPC electoral district association in an electoral district which meets the requirements set out in the LPC constitution; date for a meeting means a date on or a period within which a meeting must be held as fixed by the relevant campaign chair; date of the call of the meeting means the day when the relevant campaign chair or his or her designate sends a written notice to an electoral district association fixing a date for a meeting; election means any federal general election or by-election to elect a member or members of the House of Commons; electoral district means any place or territorial area that is entitled to return a member to serve in the House of Commons; eligible member means any person who meets the requirements fixed by the LPC Constitution and any rules entitling the person to vote at a meeting; LPC means the Liberal Party of Canada; LPC Constitution means the constitution adopted by the LPC and any amendments thereto; meeting means a meeting of members of an electoral district association called for the purpose of selecting a candidate in that electoral district for any election; National Election Readiness Committee means the National Election Readiness Committee established under the LPC constitution nominee means a person who desires to be a candidate for an electoral district; Page 1 of 13

provincial or territorial association means an association recognized under the LPC Constitution; provincial or territorial campaign committee means a provincial or territorial campaign sub committee established by the National Election Readiness Committee under the LPC Constitution; provincial or territorial member means that member of the Permanent Appeal Committee who has been appointed to the Committee representing a particular province or territory; Permanent Appeal Committee means the committee created under the LPC Constitution for the hearing of appeals and any panel thereof. 1.0 Introduction Part A - Jurisdiction 1.1 The Permanent Appeal Committee is established under the LPC Constitution. 2.0 Application 2.1 These rules apply to all proceedings before the Permanent Appeal Committee, pursuant to Article 52 of the LPC Constitution with respect to: (i) (ii) the nomination of Candidates; the selection of a Leader of the LPC; (iii) the election of delegates to a National Convention of the LPC; and such other matters as may be referred to it in accordance with the Constitution of LPC or any provincial or territorial association or Commission. Page 2 of 13

3.0 Interpretation 3.1 These Rules shall be construed and appeals shall be dealt with by the Permanent Appeal Committee to secure the just, least expensive and most expeditious determination of every appeal on its merits. 3.2 These Rules shall be construed and appeals shall be dealt with: recognizing that the selection of candidates for the LPC are managed by volunteers; recognizing that persons who are not legally trained may bring appeals before the Permanent Appeal Committee; in a manner which is fair and equitable to all participants in the appeal process; having regard to all of the circumstances and in the best interests of the LPC. 4.0 Powers 4.1 The Permanent Appeal Committee has all of the powers necessary to give effect to its decisions, including, without limiting, the generality of the foregoing, the power to: (e) postpone a meeting; declare a meeting void; order a new meeting; declare persons ineligible to vote at a meeting; and declare a nominee duly elected at a meeting. 4.2 A panel of the Permanent Appeal Committee may, on any individual appeal, direct procedures not contemplated by these Rules including without limiting the foregoing, the abridgement of time limits and the alteration of procedures. 4.3 In the event that a panel of the Permanent Appeal Committee directs procedures which are different from or are in addition to the procedures set out in these Rules, they shall give all parties forty-eight (48) hours written notice of the additional or different procedures if before a hearing has been commenced or oral notice at the hearing if after a hearing has commenced. Page 3 of 13

4.4 The Permanent Appeal Committee shall decide the matter upon its merits and is not bound by strict precedent with respect to other decisions of the Permanent Appeal Committee. 5.0 Membership Appointment 5.1 There shall be a Permanent Appeal Committee which consists of two (2) Co-Chairs, one of whom must be a man and one of whom must be a woman, appointed by the National Board of Directors with the consent of the Leader and the National President and one (1) representative appointed by resolution of the executive of each provincial or territorial association. 5.2 The Permanent Appeal Committee shall, in consultation with provincial and territorial associations, have the authority to appoint additional persons, who will not become members of the Permanent Appeal Committee, to conduct adjudications as adjudicators arising from candidate nominations, leadership selection and delegate selection to any national Convention, respecting the principle of equal participation of men and women. 5.3 In consultation with the relevant provincial and territorial representatives of the Permanent Appeal Committee, the co-chairpersons of the Committee or one of them shall appoint panels from time to time for the hearing of every appeal. 5.4 In matters deemed by the co-chairs of the Permanent Appeal Committee to be of national importance, three (3) or more members of the Permanent Appeal Committee shall hear and determine the appeal. 5.5 The co-chairpersons of the Permanent Appeal Committee may delegate the power to appoint any particular panel for the hearing of an appeal to any member of the Permanent Appeal Committee. 5.6 Subject to sub-rule 5.4, for the hearing of any appeal, the Permanent Appeal Committee shall appoint three (3) members of the Committee or adjudicators to sit as a panel and shall designate one of the members or adjudicators to be the President of that panel. 5.7 In the event of inconvenience of any kind, two members of any panel may make a decision on any particular appeal in the absence of a third member. 5.8 The members of the Permanent Appeal Committee and adjudicators appointed by the Committee shall exercise their powers independent of the LPC and shall not hold any elected executive office in the LPC above the electoral district association or local youth, women s or aboriginal club level. Page 4 of 13

6.0 Justiciable Matters and Reference Power 6.1 The Permanent Appeal Committee may hear any appeal commenced in accordance with these Rules and brought under the National Rules for the Selection of Candidates, under the LPC Constitution, or any provincial or territorial constitutions, or under the Rules of any province or territory passed for the selection of candidates for the LPC, the election of delegates to a National Convention of the LPC or the election of a leader of LPC. 6.2 In the selection of candidates for the LPC, the National Election Readiness Committee,, the National Campaign Co-Chairs, any provincial or territorial campaign committee or any provincial or territorial chairperson may refer any matter to the Permanent Appeal Committee for hearing and determination. 6.3 The reference contemplated under subrule 6.2 shall be commenced by notice, in writing, to the Permanent Appeal Committee. 6.4 The Permanent Appeal Committee shall expeditiously form a panel and render an opinion on the matters raised in the reference in accordance with these rules. 7.0 Finality 7.1 Decision of the Permanent Appeal Committee or any panel thereof shall be final and not subject to further appeal. 8.0 Invocation Part B - Process-General 8.1 Subject to Rule 8.2, an appeal may be commenced by any member who considers that his or her bona fide rights or privileges have been substantially infringed as a result of a decision made by an official of the LPC or of a Provincial or Territorial Association in respect of any of the subject matter described in Rules 2.1 and 6.1. 8.2 In spite of Rule 8.1, where a dispute arises out of a nomination meeting and after the nomination meeting has commenced, only a nominee at that meeting, or the candidate may commence an appeal. 8.3 The delivery of a notice of appeal shall not cause any meeting to be postponed or delayed unless specifically ordered by the Permanent Appeal Committee. Page 5 of 13

9.0 Process-General 9.1 All appeals shall be decided after a hearing unless, in the opinion of the panel designated to hear an appeal, the appeal can be fairly and equitably dealt with by other means listed in Rule 9.2 9.2 Subject to subrule 9.1, the panel charged with hearing an appeal may: hear the appeal by way of written submissions, telephone conference call or other means or any combination of means; or dismiss an appeal without a hearing that is, in the opinion of the panel, clearly frivolous and without merit. 9.3 Where an appeal is to be determined after a hearing, the hearing process may proceed using the short form process or the long form process, as hereinafter described. 9.4 All appeal shall be dealt with by the short form process unless otherwise ordered by the Permanent Appeal Committee. 9.5 Prior to the hearing of an appeal, each party granted standing shall undertake in writing: to abide by any order of the Permanent Appeal Committee; to be responsible for any costs ordered to be paid; not to discuss the appeal or the results of the appeal with the public, including representatives of the press, except by delivering the order or reasons for decision arising from an appeal. 9.6 Any requests for information concerning an appeal made to a party to an appeal from the public, including representatives of the press, shall be directed to the Permanent Appeal Committee or such other person as the Committee might designate. 10.0 Procedure at a Hearing 10.1 Subject to the right of a panel of the Permanent Appeal Committee to alter the rules of any individual appeal, the procedure at a hearing shall normally contain the following elements: an opening statement by the President of a panel setting out the procedure to be followed in the appeal and dealing with other matters as the President deems necessary; a determination of standing; Page 6 of 13

(e) (f) (g) (h) (i) (j) (k) (l) a short opening statement of the appellant, setting out a concise statement of the facts and issues in the appeal; evidence of the appellant; a right of cross-examination of each witness called to give testimony by each party adverse in interest to the party calling the witness; a right of re-examination of each witness called by the party calling the witness; a short opening statement of each respondent in the appeal, setting out a concise statement of facts and issues in the appeal; evidence of each respondent; closing argument of the appellant; closing argument of the respondent; reply argument of the appellant; reasons for decision and order. 10.2 Evidence of a witness may be received by affidavit under oath for facts which are not the subject of dispute or credibility. 10.3 Oral evidence at the hearing shall not be taken under oath unless otherwise specifically ordered by the panel of the Permanent Appeal Committee hearing the appeal. 10.4 Where any party refuses to give testimony or refuses to call a witness available to that party in circumstances where the evidence is shown to be material to the issues raised in the appeal, the Permanent Appeal Committee may draw appropriate inferences concerning the issue, dismiss the appeal or grant an order against a respondent refusing or failing to lead appropriate evidence. 11.0 Reference 11.1 The panel charged with hearing any reference sought under Rule 6 shall direct the following: parties to the reference; notice of the reference; whether the short form process or the long form process shall be used; Page 7 of 13

other matters necessary to allow a fair and equitable hearing of any matter referred to the Permanent Appeal Committee. 12.0 Reasons for Decision 12.1 Every panel of the Permanent Appeal Committee shall give written reasons of any decision dealing with the merits of an appeal but any decision may be given orally first and shall be effective from the date of oral pronouncement. 12.2 Every panel of the Permanent Appeal Committee shall give a written decision for any procedural decision made, except for procedural decisions at a hearing, which may be given orally. 13.0 Commencement Part C - Short Form and Long Form Process 13.1 An appeal to the Permanent Appeal Committee may only be commenced by notice in writing, received not later than seventy-two (72) hours after the time fixed for the commencement of a meeting, or if a decision is made outside a meeting context, not later than seventy-two (72) hours after the decision requiring a review has been made. 13.2 No appeal shall be declared invalid by reason of the insufficiency of a notice of appeal but the Permanent Appeal Committee may require any person commencing an appeal to submit a new notice in writing, in accordance with the direction of the Committee or a panel thereof. 13.3 Any panel of the Permanent Appeal committee may extend the time for delivery of a notice of appeal beyond the seventy-two (72) hours specified in subrule 12.1 where any person wishing to commence an appeal gives a satisfactory reason why the notice commencing an appeal was late. 13.4 Under no circumstances shall an appeal be commenced more than seven (7) days after the time fixed for the commencement of a meeting or, if a decision is made outside a meeting context, after the decision requiring review has been made, unless the proposed appellant did not and could not reasonably have known about the decision sought to be reviewed. 14.0 Service 14.1 Any notice of appeal shall be filed with the Permanent Appeal Committee by delivering the notice by hand, mail or facsimile to the relevant provincial or territorial Association office or such other location as may be specified by the Permanent Appeal Committee. Page 8 of 13

14.2 The Permanent Appeal Committee shall give notice of each appeal to each of the following: (e) (f) (g) the president of the provincial or territorial Association for the province or territory in which the dispute arises; the president of the electoral district association in which the dispute arises; where the appeal relates to the nomination of a candidate for an electoral district association, the Leader, each nominee, the provincial or territorial campaign chair and the National Campaign Co-Chairs; where the appeal relates to the election of delegates to a National or Leadership Convention of the LPC, each person who was nominated to be a delegate, and whose status, either as an elected or defeated candidate for delegate, might be affected by the disposition of the appeal; where the appeal relates to the election of delegates to a Leadership Convention of the LPC, a representative of each candidate for Leader; where the appeal relates to any aspect of the conduct of a Nominating Meeting or of a Delegate Selection Meeting, the Meeting Chair and Returning Officer; and such other persons who appear to the Permanent Appeal Committee to have a direct interest in the disposition of the Appeal, or who may be designated by the Permanent Appeal Committee or by the provincial or territorial association. 15.0 Statement of Particulars 15.1 The Permanent Appeal Committee or any panel thereof may require an appellant or other party to an appeal to file a statement of particulars seventy-two (72) hours before the commencement of the hearing of an appeal, setting out information concerning some or all of the following matters: a summary of the material facts touching upon the matters raised in the appeal; a list of witnesses and a short explanation of the evidence of those witnesses; a list of any rules being relied upon in support of the appeal; and other matters touching upon the appeal. Page 9 of 13

15.2 The Permanent Appeal Committee or any panel thereof may at any time prior to, or in the course of a hearing, require LPC, the relevant Provincial or Territorial Association or the relevant electoral district association to provide it with any information or documentation which it considers necessary for the full consideration and fair disposition of an appeal, including without limiting the generality of the foregoing: (e) electoral district association membership lists or voters lists; electoral district association membership forms; lists and other material submitted by any person simultaneously with membership forms; proof of membership fees payment, including, receipts, deposit records and books of account; and ballots used at a meeting, regardless of whether any motion was adopted regarding their destruction. 16.0 Costs 16.1 No later than 5:00 PM local time on the banking day next following the date on which a notice of appeal is filed, an appellant shall submit an appeal fee to the Permanent Appeal Committee in the amount of $1,000.00 which shall be by certified cheque or money order payable to the Liberal Party of Canada and delivered to the relevant provincial or territorial association office. If the appeal fee is not received by the time set out herein, the appeal shall be deemed to have been abandoned. 16.2 In exceptional circumstances, either of the Co-Chairs of the Permanent Appeal Committee, or the provincial or territorial member for the province or territory to which the dispute relates, may grant an extension to the time limit set out in subrule 16.1 16.3 The amount of the appeal fee may be varied by the provincial or territorial member, in consultation with the Co-chairs of the Permanent Appeal Committee, and the executive of the provincial or territorial association. 16.4 The Permanent Appeal Committee may require that any party wishing to have status at the appeal, other than a campaign chair, the LPC or a provincial or territorial association, remit to it a respondent s fee, in the same amount as determined under Rules 16.1 and 16.3. 16.5 All expenses of the proceeding shall be paid by the relevant provincial or territorial association, out of the proceeds of the fees collected. 16.6 In exceptional circumstances, where a person is genuinely unable to pay the fee, or where the payment thereof would result in serious financial Page 10 of 13

hardship, the Permanent Appeal Committee or any panel thereof may waive or reduce the fee. 16.7 In exceptional circumstances, where it appears to the Permanent Appeal Committee that the expenses of a complex proceeding will exceed the amount of the fees collected, the Committee may assess a further fee, up to a maximum of $750.00 per party per day, upon any participant in the proceeding, other than a campaign chair, the LPC or the provincial or territorial association, and any party who fails to meet such further assessment shall be denied further standing in the appeal process. 16.8 The Permanent Appeal Committee may direct the excess of fees over disbursements be paid to one of the parties and, in that regard, shall give consideration to the following matters: (i) (ii) (iii) (iv) the disposition of the appeal on its merits; the conduct of the parties throughout the appeal process, and in particular, conduct which may have affected the level of expense incurred; the financial status of the parties; and the indirect expenses incurred by LPC or the provincial or territorial association (e.g. staff time photocopying, etc.) in the administration of the appeal. 16.9 Absent an order of the Permanent Appeal Committee to the contrary, the excess of fees over disbursements shall be retained by the Liberal Party of Canada. 17.0 Decisions 17.1 All written decision or reasons for decisions shall be mailed, faxed or emailed to the parties to an appeal. Part D - Short Form Process 18.0 The Process 18.1 The short form process shall be used in all appeals unless a panel of the Permanent Appeal Committee charged with hearing an appeal designates that the long form process be used. 18.2 Subject to subrules 3.2, 3.3 and 8.2, the short form process shall follow Rules 7, 8, 10, 11, 12, 13, 14, 15, 16 and 17 hereof. Page 11 of 13

Part E - Long Form Process 19.0 Invocation 19.1 Any panel of the Permanent Appeal Committee may, prior to a hearing, or at a hearing, order that the hearing of an appeal be dealt with in accordance with the long form process set out herein. 20.0 Process 20.1 Where a panel of the Permanent Appeal Committee has designated the long form process to be used, the parties to an appeal, or some of them, may be ordered by the panel to complete some or all of the following steps: (e) (f) the parties, or some of them, shall prepare a detailed written list of material facts and issues relating to the appeal; the parties, or some of them, shall prepare a written list of witnesses, setting out a complete summary of the evidence of each witness; the parties, or some of them, shall produce all documents, computer tapes, or other information, however stored, relating to the material facts and issues in the appeal; the parties, or some of them, shall produce affidavit evidence, sworn under oath, of their knowledge, information or belief on material facts or issues relating to the appeal; the parties, or some of them, shall deliver a written argument setting out material facts and issues at the end of the hearing of an appeal; the parties, or some of them, may be required to carry out other steps, reasonably required to have a fair and complete hearing in an expeditious manner of any appeal. 20.2 Otherwise, subject to subrules 3.2, 3.3 and 8.2, the long form process shall follow Rules 7, 8, 9, 11, 12, 13,14, 15, 16 and 17. 21.0 Directives Part F - Miscellaneous 21.1 The Permanent Appeal Committee may, on its own or at the request of any provincial or territorial association, make directions which form part of Page 12 of 13

these rules and any such directives shall be published as schedules attached to these rules. 21.2 The directions published may deal with any matter of process touching upon the hearing of appeals and may add to or vary these rules, as is necessary. 22.0 Effective Date and Transitional Provision 22.1 These Rules are effective June 17, 2014 22.2 Where any appellant has by written communication to the LPC, to any provincial or territorial association, to any Co-Chair of the Permanent Appeal Committee or provincial or territorial member, or to any national provincial or territorial campaign chair, expressed an intent to commence an appeal to the Permanent Appeal Committee, prior to the effective date of these Rules, Notice of Appeal shall be deemed to have been given in a timely manner, and in all other respects, these rules shall apply. June 17, 2014 Page 13 of 13