CONSOLIDATION

Rules of Procedure for Boards of Review

SOR/2003-28

Current to June 20, 2022 Last amended on March 10, 2016



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 10, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on March 10, 2016

TABLE OF PROVISIONS Rules of Procedure for Boards of Review

Interpretation

Non-Application

Powers of Board to Vary Rules

Quorum

Calculation of Time

Conference

Notice of Hearing

Written Submission

Expert Witnesses

Intervenors

Representation

Evidence

Public Nature of Inquiry

Service of Documents

Costs

Current to June 20, 2022 Last amended on March 10, 2016

ii

Registration SOR/2003-28 January 15, 2003

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Rules of Procedure for Boards of Review

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999a, the Minister of the Environment published in the Canada Gazette, Part I, on July 27, 2002, a copy of the proposed Rules of Procedure for Boards of Review, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Rules or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; Therefore, the Minister of the Environment, pursuant to section 341 of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Rules of Procedure for Boards of Review. Ottawa, Ontario, January 13, 2003 David Anderson Minister of the Environment

a

S.C. 1999, c. 33

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review

Interpretation 1 The following definitions apply in these Rules.

Act means the Canadian Environmental Protection Act, 1999. (Loi) applicant means a person who has filed a notice of objection under the Act. (demandeur) Board means a board of review established under section 333 of the Act. (commission) interested person means a government, association or person having an interest in the outcome of an inquiry for a purpose that is neither frivolous nor vexatious. (personne intéressée) Minister means the Minister or Ministers who establishes a Board under section 333 of the Act. (ministre) party means (a) the applicant; and (b) an interested person who has filed an application for leave to intervene under section 10, and to whom the Board grants the opportunity to appear under section 335 of the Act. (partie)

Non-Application 2 These rules do not apply in an inquiry to the extent that they are inconsistent with any particular rules that may be made with respect to that inquiry by the Minister under section 341 of the Act.

Powers of Board to Vary Rules 3 (1) At any time during an inquiry, if it is just, fair and in the public interest to do so, the Board may vary or dispense with these Rules.

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Powers of Board to Vary Rules Sections 3-6

(2) If the Board varies or dispenses with these Rules, the Board must inform the Minister and the parties without delay and issue directions concerning the procedures to be followed at the inquiry.

Quorum 4 A majority of the members of a Board constitutes a

quorum and the absence of a member of the Board does not impair the right of the quorum to act.

Calculation of Time 5 Any period of time set out in these Rules or set by the

Board in the course of an inquiry, shall be calculated as a number of consecutive calendar days.

Conference 6 The Board may direct the Minister and the parties to

attend a conference for the purpose of (a) clarifying and simplifying issues; (b) admitting facts or verifying facts by affidavit; (c) discussing the use of documents of a public nature; (d) discussing the procedure to be followed at the inquiry; (e) exchanging written submissions, exhibits and other material; (f) identifying submissions, documents or testimony

that contains or may contain confidential information; (g) identifying who may be given access to any confidential information; (h) determining the number of witnesses, or the time for presenting evidence, rebutting evidence or crossexamining; (i) discussing the use of electronic communication, including teleconferences and videoconferences, for the hearing; or (j) dealing with any other relevant matter. SOR/2011-1, s. 1(F).

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Notice of Hearing Sections 7-9

Notice of Hearing 7 (1) The Board shall give written notice of a hearing to

the Minister and the parties at least 30 days before the commencement of the hearing. (2) The notice shall include the subject matter, time and

place of the hearing and information on how to present evidence or make representations. (3) The notice shall state whether all or part of the hearing will be conducted orally or in writing.

Written Submission 8 (1) The Board may require the Minister or a party to

file a written submission with the Board containing (a) a summary of the facts and other evidence that they intend to present; and (b) the names of any witnesses that they intend to call

during the hearing and a summary of the evidence to be presented by each of those witnesses. (2) The Minister or the party shall file the written submission with the Board at least seven days before the hearing. SOR/2011-1, s. 2.

Expert Witnesses 9 (1) A party who intends to introduce the evidence of

an expert witness shall, at least 20 days before the hearing begins, serve a report on the Minister and the other parties and file the report with the Board. (2) A party on whom a report described in subsection (1)

has been served and who wishes to use the evidence of an expert witness to rebut a matter set out in the report shall, at least 10 days before the hearing begins, serve a report of the expert on the Minister and the other parties and file the report with the Board. (3) A report referred to in subsection (1) or (2) shall include the qualifications of the expert and a full statement of the evidence to be presented. (4) If the Minister intends to introduce the evidence of an expert witness, the Minister shall serve on the parties and file with the Board the report referred to in subsection (1) or (2) , as applicable, within the number of days set out in that subsection. SOR/2011-1, s. 3(F).

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Intervenors Sections 10-11

Intervenors 10 (1) An interested person who intends to intervene in

an inquiry shall file with the Board and serve on the Minister and every party a written application for leave to intervene that (a) states whether the person intends to appear at the hearing; (b) establishes that the person's interest justifies intervenor status; and (c) states the issues that the person intends to address at the inquiry. (2) The Board, in determining whether to grant intervenor status and the opportunity to appear before it in accordance with section 335 of the Act, shall provide the parties and the Minister the opportunity to make representations on whether the person should be granted intervenor status and take into consideration any other relevant matter, including (a) the nature of the inquiry; (b) the issues; (c) whether the person has a genuine interest in the issues; (d) the likelihood of the person being able to make a useful and different contribution to the Board's understanding of the issues; and (e) any delay or prejudice that may be caused. (3) The Board must notify the Minister and the parties of its decision with respect to an application for leave to intervene. (4) The Board may direct the Minister or a party to provide to an intervenor information or evidence that they provided to the Board prior to the filing of the application for leave to intervene. SOR/2011-1, s. 4(F).

Representation 11 (1) The Minister, a party or a witness may be represented at a hearing by counsel. (2) The Board, on motion, may authorize an agent to

represent a party or a witness if the agent is competent to properly represent or advise the party or witness.

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Evidence Sections 12-15

Evidence 12 (1) The Board may accept evidence or representations in person, in writing or in electronic form, including by teleconference or videoconference. (2) The Board may require a party that has filed evidence

with the Board to serve copies of that evidence on the other parties or the Minister. (3) The Board may require the Minister to serve copies

of evidence that the Minister has filed with the Board on the parties.

Public Nature of Inquiry 13 Except if information or evidence is treated as confidential for any reason referred to in paragraphs 52(a), (b) or (c) of the Act or contains personal information, as defined in section 3 of the Privacy Act, hearings conducted by the Board shall be public and information provided to the Board for the purpose of an inquiry shall be placed on the public record. SOR/2011-1, s. 5.

Service of Documents 14 (1) Any document that is required by these Rules to be served or filed may be served or filed by hand, mail or any other means in which the recipient is capable of receiving it, including electronic format.

(2) A person who serves a document electronically shall, within seven days after the date of service, provide a paper copy of the document to the recipient, unless the recipient waives that right in writing. (3) The date of service of a document is the date that it is

received by the person being served or their authorized representative.

Costs 15 (1) If awarding costs under section 338 of the Act,

the Board shall consider whether any conduct or step taken during the proceedings was improper, vexatious or in bad faith. (2) For greater certainty, failure to comply with these Rules or a direction of the Board constitutes improper conduct.

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Costs Sections 15-18

(3) Before awarding costs, the Board shall consider the seriousness of the misconduct. SOR/2011-1, s. 6.

16 The Board may direct that costs be paid to the Minister or a party or that costs be paid by a party or the Minister. SOR/2011-1, s. 6.

17 If the Board awards costs, it shall consider the following criteria in fixing the costs: (a) the amount of additional work required as a result

of the conduct or steps taken during the proceedings that were improper, vexatious or in bad faith; (b) the costs incurred for the preparation of written

submissions required or permitted by the Board and for the presence at the hearing of counsel that are necessary as a result of the conduct or steps taken during the proceedings that were improper, vexatious or in bad faith, with the exception of the costs of travel, accommodation and meals; (c) the reasonableness of the amounts claimed in the bill of costs; and (d) if the Board directs costs to be paid at the request of a person, any conduct of or steps taken by that person during the proceedings that were improper, vexatious or in bad faith. SOR/2011-1, s. 6.

18 (1) After the hearing, the Minister or a party may make a written application for costs. The application shall be accompanied by a bill of costs and supporting receipts and set out (a) the name of the person from whom costs are

claimed; (b) the reasons for the application; and (c) the conduct or steps taken during the proceedings by the person from whom costs are claimed that were improper, vexatious or in bad faith.

(2) Within 10 days after the last day of the hearing, the

application, accompanied by the bill of costs and receipts, shall be served on the person from whom costs are claimed and filed with the Board. (3) Within 10 days after service of the application, accompanied by the bill of costs and receipts, the person from whom costs are claimed and who wishes to contest the application, bill of costs or receipts shall serve a

Current to June 20, 2022 Last amended on March 10, 2016

Rules of Procedure for Boards of Review Costs Section 18

response on the person who filed the application and file the response with the Board. SOR/2011-1, s. 6; SOR/2016-34, s. 1.

Current to June 20, 2022 Last amended on March 10, 2016

