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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.
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).
Features
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"
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 Index
Jerry V. DeMarco, B.A., LL.B., M.E.S., M.M., M.Sc., MCIP, provides day-to-day oversight of the Environmental Review Tribunal ('ERT') and Conservation Review Board as Associate Chair. He also serves as Alternate Executive Chair of Environment and Land Tribunals Ontario ('ELTO'). As part of those duties, he is also a member of the Assessment Review Board, Board of Negotiation and the Ontario Municipal Board. He also serves on the organizing committee for the Society of Ontario Adjudicators and Regulators Annual Conference, including as Co-Chair from 2011-2012. Prior to his tribunal appointments, Mr. DeMarco was Managing Lawyer at the Sierra Legal Defence Fund and appeared before tribunals and courts, including the Supreme Court of Canada. In addition to authoring approximately 250 sets of written reasons for decision, Mr. DeMarco has contributed to publications such as the Supreme Court Law Review, Canadian Bar Review, Journal of Environmental Law and Practice and Review of European Community and International Environmental Law.
Paul Muldoon, B.A., LL.B., M.A., LL.M., is Associate Chair of the Assessment Review Board, which is part of the ELTO cluster. He served as Vice-Chair of the ERT for 10 years. Prior to his appointment to the ERT in 2006, he was the Executive Director and Counsel at the Canadian Environmental Law Association where he appeared before courts and tribunals on a variety of environmental issues. He appeared as co-counsel on behalf of Concerned Walkerton Citizens in the Walkerton Inquiry. He has previously served on the Science Advisory Board of the International Joint Commission and on Ontario's Environmental Bill of Rights Task Force. Mr. Muldoon's publications include a number of books, such as An Introduction to Environmental Law and Policy in Canada, and dozens of published articles on areas pertaining to environmental standards, access to justice and environmental rights. Mr. Muldoon is also an Adjunct Professor at the School of the Environment, University of Toronto and teaches a course on environmental law at the School.