Is an administrative tribunal entitled to set its own procedures?

Canada (Federal), Canada

The following excerpt is from Aslani v. Canada (Minister of Citizenship and Immigration), 2006 FC 351 (CanLII):

In Prassad v. Canada (Minister of Employment and Immigration), supra, at paragraph 16, Mr. Justice Sopinka wrote: We are dealing here with the powers of an administrative tribunal in relation to its procedures. As a general rule, these tribunals are considered to be masters in their own house. In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice.

In Siloch v. Canada (Minister of Employment and Immigration), supra, at paragraph 3, Décary J.A. recalled the same general rule: It is well settled that in the absence of specific rules laid down by statute or regulation, administrative tribunals control their own proceedings and that adjournment of their proceedings is very much in their discretion, subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice.

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