Vol. 149, No. 16 — April 18, 2015

Rules Amending the Rules of Procedure for Boards of Review

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

Environment Canada has been committed to clarifying the responsibilities laid out in the text and addressing inconsistencies between the English and French texts of the Rules of Procedure for Boards of Review (hereinafter referred to as the Rules), since the Rules were published on February 2, 2011, in order to eliminate potentially conflicting interpretations. The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified a minor inconsistency between the English and French texts of section 18 of the Rules and made recommendations to Environment Canada to address this issue.

Background

Pursuant to section 333 of the Canadian Environmental Protection Act, 1999 (the Act), mandatory and discretionary boards of review can be established, either by the Minister of the Environment alone or by the Minister of the Environment and the Minister of Health jointly, to inquire into specified matters in response to a notice of objection filed under the Act.

The Rules, made by the Minister of the Environment pursuant to section 341 of the Act, establish general rules that govern the conduct of reviews, such as quorum, prehearing conference, notice of hearing, witnesses and experts, and form and service of evidence, and, in particular, address issues on the awarding of costs related to a proceeding before a board of review. These rules are required so that persons know, in sufficient detail, the procedures that are to be followed when appearing before a board of review. There has only been one board of review since 1999.

Following the publication of the Rules in the Canada Gazette, Part II, in 2011, the SJCSR recommended that Environment Canada address inconsistencies with respect to the consistency of the English and French regulatory texts and the clarity of the Rules.

Objectives

The objective of the proposed Rules Amending the Rules of Procedure for Boards of Review (hereinafter referred to as the proposed amendments) is to improve the clarity and consistency of the Rules by better aligning the English and French versions.

Description

The proposed amendments would make several administrative changes to clarify the Rules.

1. Subsection 18(1)

The text would be amended to clarify that an application to the board of review shall include the bill of costs and “supporting” receipts.

The current English version states:

The proposed version states:

2. Subsection 18(2)

The text would be amended to clarify that an application to the board of review shall be accompanied by the bill of costs and receipts.

The current English version states:

The proposed version states:

The current French version states:

The proposed version states:

3. Subsection 18(3)

The text would be amended to clarify that an application to the board of review shall be accompanied by the bill of costs and receipts.

The current English version states:

The proposed version states:

The current French version states:

The proposed version states:

The proposed amendments are administrative in nature and would not change the purpose, intent or obligations of the Rules. The proposed amendments would come into force on the day on which they are registered.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the proposed amendments, as there are no administrative costs to business.

Small business lens

The small business lens does not apply to the proposed amendments, as there are no costs to small business.

Rationale

The proposed amendments are required in order to align the English and French versions of the Rules, thus eliminating potentially conflicting interpretations. Amending the Rules was selected as the most efficient and appropriate means to improve their clarity and the consistency between the English and French versions.

Amending the Rules would contribute to the reduction of unnecessary risk due to potential interpretational differences between the English and French versions. In the one and only board of review since 1999, no costs were awarded. No stakeholders are expected to be impacted by the proposed amendments to the Rules.

Contacts

Stewart Lindale
Director
Regulatory Innovation and Management Systems
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-420-7792
Fax: 819-420-7386
Email: Stewart.Lindale@ec.gc.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Environment Canada
10 Wellington Street, 25th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-7651
Fax: 819-953-3241
Email: RAVD.DARV@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Minister of the Environment, pursuant to section 341 of that Act, proposes to make the annexed Rules Amending the Rules of Procedure for Boards of Review.

Interested persons may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Rules or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Danielle Rodrigue, Manager, Regulatory Affairs, Regulatory Innovation and Management Systems, Legislative and Regulatory Affairs, Environmental Stewardship Branch, Department of the Environment, Gatineau, Quebec, K1A 0H3 (fax: 819-420-7386; email: REGAFFAIRES@ec.gc.ca).

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Gatineau, April 2, 2015

LEONA AGLUKKAQ
Minister of the Environment

RULES AMENDING THE RULES OF PROCEDURE FOR BOARDS OF REVIEW

AMENDMENTS

1. (1) The portion of subsection 18(1) of the English version of the Rules of Procedure for Boards of Review (see footnote 1) before paragraph (a) is replaced by the following:

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

(2) Subsections 18(2) and (3) of the Rules are replaced by the following:

COMING INTO FORCE

2. These Rules come into force on the day on which they are registered.

[16-1-o]