Practice Direction: Calculation of Time
Download a copy in pdf format.
1.0 This Practice Direction:
- explains how days are counted when something is required to be done within a certain number of days
- applies to time periods set out in Practice Directions,Vice-Chair/Panel Decisions and Orders,and letters from Tribunal staff.
2.0 Holiday
- 2.1 “Holiday” means any Saturday, Sunday, Easter Monday, November 11th or statutory holiday.
3.0 How Time is Counted
- 3.1 Where there is a reference to a number of days, the days are calendar days and are counted by excluding the first day of the first week and including the last day of the last week.
- 3.2 Where an action is to be done within a specified number of weeks, time is counted by excluding the first day of the first week and including the last day of the last week. For example, materials for a Wednesday hearing must be delivered by the Wednesday three weeks before the hearing.
- 3.3 Where the time for doing an act expires on a holiday, the act may be done on the next day that is not a holiday.
- 3.4 Where a document is deemed to be received or another act is deemed to have happened on a day that is a holiday, it shall be deemed to have happened on the next day that is not a holiday.
4.0 Changing Time Periods
- 4.1 The Tribunal may vary the time for performing any act on such conditions as it considers appropriate.
- 4.2 Where the time is set in a Practice Direction or decision or ruling, a Vice-Chair or Panel may vary the time.
- 4.3 Where the time is set by Tribunal staff in Tribunal correspondence, Tribunal staff may vary the time.