Environment and Land Tribunals Ontario

Guides

The Tribunal has developed a series of Guides which explain its processes. Since the Tribunal derives its jurisdiction under a number of statutes, the Guides reflect the Tribunal's different mandates.

These Guides provide a general overview only and should not be relied upon as an authoritive text. The statutes, regulations and Rules of Practice and Practice Directions of the Environmental Review Tribunal prevail.

Environmental Review Tribunal Guides

Rules of Practice and Practice Directions

These Rules have been adopted by the Environmental Review Tribunal pursuant to section 25.1 of the Statutory Powers Procedure Act on July 9, 2010. The Rules pertaining to Costs (Rules 212 to 220 and 225 to 231) have been adopted by the Environmental Review Tribunal pursuant to section 17.1(4) of the Statutory Powers Procedure Act. These Rules replace the Rules of the Environmental Review Tribunal adopted on November 15, 2007.

Purpose of the Rules

The purposes of these Rules are: to provide a fair, open, accessible and understandable process for Parties and other interested persons; to facilitate and enhance access and public participation; to encourage co-operation among Parties; to assure the efficiency and timeliness of proceedings; and to assist the Tribunal in fulfilling its statutory mandate.

Application of the Rules

These Rules apply to appeals brought under the Clean Water Act, 2006, the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009 and to appeals of development permit applications and Niagara Escarpment Plan amendment proceedings under the Niagara Escarpment Planning and Development Act.

These Rules also apply to proceedings under the Oak Ridges Moraine Conservation Act, 2001 where the Tribunal is appointed the Hearing Officer regarding: Oak Ridges Moraine Conservation Plan amendment proceedings under section 12(9)(b) of that Act, municipal official plan and zoning by-law amendment proceedings under section 10(8)(b) of that Act, and proceedings in regard to matters that have been appealed to the Ontario Municipal Board and stayed by the Minister under section 18(5) of that Act. These Rules apply to proceedings under the Greenbelt Act, 2005 where the Tribunal is appointed as the Hearing Officer regarding Greenbelt Plan amendment proceedings under subsection 18(5) of that Act and proceedings in regard to matters that have been appealed to the Ontario Municipal Board and stayed by the Minister under section 12(1)(b) of that Act.

These Rules also apply to applications under the Environmental Assessment Act, the Environmental Bill of Rights, 1993, the Environmental Protection Act, and the Ontario Water Resources Act.

These Rules also apply to matters referred to the Tribunal by a Minister and to Hearings of Joint Boards under the Consolidated Hearings Act where the Joint Board has adopted these Rules.

The Statutory Powers Procedure Act applies to most proceedings before the Tribunal but does not apply to Niagara Escarpment Plan amendment proceedings, proceedings under the Oak Ridges Moraine Conservation Act, 2001, or proceedings under the Greenbelt Act, 2005. When Niagara Escarpment Plan amendment, Oak Ridges Moraine Conservation Act, 2001 or Greenbelt Act, 2005 matters are referred to the Tribunal, provisions of these Rules will be employed by the Tribunal as specified.

July 9, 2010 Rules of Practice and Practice Directions (Word version)

July 9, 2010 Rules of Practice and Practice Directions (PDF version)

Table of Concordance between the July 9, 2010 Rules Of Practice Of The Environmental Review Tribunal (“Rules”) and the November 15, 2007 Rules (Word version)

Table of Concordance between the July 9, 2010 Rules Of Practice Of The Environmental Review Tribunal (“Rules”) and the November 15, 2007 Rules (PDF version)

Archived Rules

These Archived Rules were previously adopted by the Environmental Review Tribunal.

November 15, 2007 Rules of Practice and Practice Directions (Word version)

November 15, 2007 Rules of Practice and Practice Directions (PDF version)

 September 18, 2006 Rules of Practice and Practice Directions