Rules of Practice and Practice Directions

These Rules were adopted by the Environmental Review Tribunal pursuant to section 25.1 of the Statutory Powers Procedure Act on November 15, 2007. The Rules pertaining to Costs (Rules 204 to 212 and 217 to 223) 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 September 18, 2006.

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 cooperation 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, Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002, 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 clause 12 (1)(b) of that Act. The Statutory Powers Procedure Act applies to most proceedings before the Tribunal but does not apply to Niagara Escarpment Plan amendment proceedings and proceedings under the Oak Ridges Moraine Conservation Act, 2001 and the Greenbelt Act, 2005. When Niagara Escarpment Plan amendments or matters under the Oak Ridges Moraine Conservation Act, 2001 or the Greenbelt Act, 2005 are referred to the Tribunal, these Rules will be employed by the Tribunal with necessary modifications. 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.

 November 15, 2007 Rules of Practice and Practice Directions

Archived Rules:

These Archived Rules were adopted by the Environmental Review Tribunal on September 18, 2006. On November 15, 2007, the Tribunal adopted new Rules which replaced the Archived Rules and which apply to all proceedings, including further steps taken in proceedings that were commenced before November 15, 2007.

 September 18, 2006 Rules of Practice and Practice Directions