Environmental Boards and Tribunals – A Practical Guide, 2nd Edition
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This "one of a kind" text takes the reader through each stage of the tribunal hearing process from the point where a proceeding is started, to the final decision issued by the tribunal. Written by expert environmental adjudicators, the book is easy to use, with chapters organized in a chronological fashion, covering every major stage in an environmental proceeding. This new edition contains "hot off the presses" content, including new case law and legislation as well as new versions of the rules of practice from Canada's three main environmental tribunals: the Ontario Environmental Review Tribunal (ERT), the Alberta Environmental Appeals Board (AEAB), and the British Columbia Environmental Appeal Board (BCEAB).
- Highlights the unique aspects of practice and procedure before each of Canada's three main environmental tribunals, the ERT, AEAB, and the BCEAB
- Familiarizes the reader with the terminology used in the proceedings, and the background and concepts behind environmental tribunals
- Flow charts set out the steps involved in all types of appeals and other proceedings before each of the three tribunals (ERT, AEAB, BCEAB), under 28 separate statutes
- Appendices contain the text of all relevant legislation, regulations, rules, practice directions and manuals for all three tribunals
- Detailed footnotes point to the applicable case law from all three tribunals and the courts
What's New in this Edition?
- All of the new versions of the rules of practice for the ERT, AEAB, and BCEAB, effective September 2016, June 2015, and July 2016, respectively
- Over 100 new cases from courts, boards and tribunals since 2011
- New section on trends and issues affecting the modern administrative tribunal
- New section with respect to res judicata, issue estoppel and abuse of process
- New charts created for all of the new Acts passed since the first edition
- Expanded appendices include new and amended Acts, regulations, practice manuals and practice directions
Who Should Use This Book?
- Lawyers – A must have practice guide for those who appear in front of environmental boards and tribunals across Canada
- Environmental tribunal members and staff – Functions as a secondary "job manual" for members and staff who work in environmental tribunals
- Environmental consulting firms – Useful for environmental consultants who frequently appear in front of environmental tribunals but aren't familiar with tribunal rules and procedures
- Municipal and provincial government agencies – Provides government agencies with a practical guide to appearing before administrative tribunals that deal with environmental issues
- Members of the public – Provides those who are involved in environmental hearings but unfamiliar with tribunal processes with a guide to the "rules of the game"
Table of contents
Chapter 1: Introduction
Chapter 2: Environmental Tribunals: Jurisdiction and General Concepts
Chapter 3: The Nature of Proceedings before Environmental Tribunals
Chapter 4: Getting Before the Tribunal
Chapter 5: Pre-Hearing Conferences and Preparing for a Hearing
Chapter 6: Motions
Chapter 7: Mediation and Negotiated Settlements
Chapter 8: The Hearing Process
Chapter 9: Appeals and Judicial Review
Appendix 1: Ontario Materials
Appendix 2: Alberta Materials
Appendix 3: British Columbia Materials
Appendix 4: Overview of Relevant Ontario Legislation
Appendix 5: Overview of Relevant Alberta Legislation
Appendix 6: Overview of Relevant British Columbia Legislation
Appendix 7: Research Guide