s.4.6 — Dismissal of proceeding without hearing

4.6 (1) Subject to subsections (5) and (6), a tribunal may dismiss a proceeding without a hearing if, (a)  the proceeding is frivolous, vexatious or is commenced in bad faith; (b)  the proceeding relates to matters that are outside the jurisdiction of the tribunal; or (c)  some aspect of the statutory requirements for bringing the proceeding has not been met. (2) Before dismissing a proceeding under this section, a tribunal shall give notice of its intention to dismiss the proceeding to, (a)  all parties to the proceeding if the proceeding is being dismissed for reasons referred to in clause (1) (b); or (b)  the party who commences the proceeding if the proceeding is being dismissed for any other reason. (3) The notice of intention to dismiss a proceeding shall set out the reasons for the dismissal and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice. (4) A party who receives a notice under subsection (2) may make written submissions to the tribunal with respect to the dismissal within the time specified in the notice. (5) A tribunal shall not dismiss a proceeding under this section until it has given notice under subsection (2) and considered any submissions made under subsection (4). (6) A tribunal shall not dismiss a proceeding under this section unless it has made rules under section 25.1 respecting the early dismissal of proceedings and those rules shall include, (a)  any of the grounds referred to in subsection (1) upon which a proceeding may be dismissed; (b)  the right of the parties who are entitled to receive notice under subsection (2) to make submissions with respect to the dismissal; and (c)  the time within which the submissions must be made. (7) Despite section 32, nothing in this section shall prevent a tribunal from dismissing a proceeding on grounds other than those referred to in subsection (1) or without complying with subsections (2) to (6) if the tribunal dismisses the proceeding in accordance with the provisions of an Act that are in force on the day this section comes into force.