You should check out www.canlii.org This issue has been addressed and the rule has been interpreted in federal court:
https://www.canlii.org/en/ca/irb/do...UrlHash=AAAAAQAGMTMwKDMpAAAAAAE&resultIndex=1
If you want to look at more cases, just do a search for section 130(3)
thanks for the reply it helps a lot...