12Time limit on certain applications

12 Time limit on certain applications

Anti-Doping Division

(1) For the purposes of paragraph 38(2)(b) of the Act, if the application is made under subsection 22(1) of the Act, it must be made within 21 days after the day the applicant receives the notice from the sporting body that establishes the dispute (being a notice that asserts that the applicant contravened the anti-doping policy of the sporting body and contains a proposed sanction).

General Division

(2) For the purposes of paragraph 38(3)(b) of the Act, the application must be made within a reasonable period after the event, or the most recent of the events, that gave rise to the dispute.

(3) In deciding whether a period is reasonable for the purposes of subsection (2), the CEO is to take into account:

(a) the period since the event, or the most recent of the events, that gave rise to the dispute;

(b) any other matter the CEO considers relevant.

Note 1: The CEO determines whether the application complies with this Rule—see subsection (5)(1).

Note 2: Paragraph 38(3)(a) of the Act provides that where a constituent document of a sporting body prescribes a time period for making an application, the application must be made before the end of the period specified in the relevant constituent document.

Appeals Division

(4) For the purposes of paragraph 38(4)(b) of the Act, the application must be made:

(a) for a dispute in relation to an anti-doping matter—within 21 days after the date the applicant receives the decision or determination appealed from;

(b) for any other dispute—within 30 days after the date the applicant receives the decision or determination appealed from.

(5) Where the applicant is the World Anti-Doping Agency, the application must be made within 21 days after the later of:

(a) the last day on which any other party to the decision or determination could have appealed; or

(b) the day on which the World Anti-Doping Agency received the complete file relating to the decision or determination appealed from.

Note: Subsection 12(5) reflects the requirements of Art 13.2.3 of the World Anti-Doping Code.