skip to main content
Menu

416 869 2202416 869 2202

Best Lawyers 2024 Badge SOK

Publication

October 01, 2015 | Article 

TRIBUNAL ADMINISTRATION AND THE DUTY TO CONSULT: A STUDY OF THE NATIONAL ENERGY BOARD

In this study, the authors present evidence that the National Energy Board (NEB) does not evaluate whether the duty to consult has been met by applicants or the Crown for the purposes of regulatory approval. While NEB panels do draw conclusions about the sufficiency of consultation, they are not premised on the legal requirements established by the Supreme Court of Canada or subsequent case law. On the contrary, the authors discover that the NEB has approved nearly 100 per cent of the applications in which consultation remains an issue but it relies on three types of justifications for still recommending approval:

See full article below.

Related Publications

Oct
23
2017

THE OMB TODAY AND TOMORROW: THE IMPACT OF BILL 139 ON EXPROPRIATIONS

    THE OMB TODAY AND TOMORROW:

THE IMPACT OF BILL 139 ON EXPROPRIATIONS

 Legislative History

  • On May 30, 2017 the Building Better Communities and Conserving Watersheds Act, 2017 (“Bill 139”) received 1st Reading in the provincial legislature.

     

  • The Ministry of Municipal Affairs and Housing (MMAH”) accepted public comment on the proposed legislation until August 14, 2017 through the EBR Registry.

     

  • 2nd Reading of Bill 139 was completed on September 27, 2017 (commenced on September 11, 2017).

     

  • Bill 139 is now before the Standing Committee on Social Policy (being considered since October 16, 2017).

     

  • Draft regulations have not been released.

 

Anticipated Enactment

  • By end of Spring 2018

Oct
24
2016

ONTARIO EXPROPRIATION ASSOCIATION ANNUAL CASE LAW UPDATE - 2016

Over the past year, Canadian courts and tribunals have provided expropriation practitioners with guidance on a range of timely issues. Decision-makers have considered and commented on pertinent topics such as compensation and valuation methodology......

Jul
05
2016

CONTROLLING “REASONABLE” COSTS IN EXPROPRIATION PROCEEDINGS

Introduction   The entitlement of expropriated owners to recover their reasonable legal costs is a vital component of the compensatory scheme under the Expropriations Act (the “Act”).2 This entitlement permits parties subject to ......

Scargall Owen-King LLP
17 Leader Lane | Toronto Ontario, M5E 1L8
T: 416 869 2202416 869 2202 | F: 416 869 2201

© 2017 All rights reserved.  |  Legal Disclaimer

Scargall Owen-King LLP Lawyers provide expert legal representation to clients in cities across Ontario, including Ajax, Aurora, Barrie, Belleville, Brampton, Brant, Brantford, Brock, Brockville, Burlington, Cambridge, Central Toronto, Clarence-Rockland, Clarington, Cobourg, Collingwood, Cornwall, Dryden, Dufferin County, Durham, Elliot Lake, Etobicoke, Greater Toronto Area (GTA), Guelph, Haldimand County, Halton Region, Hamilton, Kawartha Lakes, Kenora, Kingston, Kitchener, London, Markham, Milton, Mississauga, Newmarket, Niagara Falls, Norfolk County, North Bay, North York, Oakville, Orillia, Oshawa, Ottawa, Owen Sound, Parry Sound, Peel Region, Pembroke, Peterborough, Pickering, Port Colborne, Prince Edward County, Quinte West, Richmond Hill, Sarnia, Sault Ste. Marie, Scarborough, Scugog, Simcoe County, St. Catharines, St. Thomas, Stratford, Sudbury, Temiskaming Shores, Thorold, Thunder Bay, Timmins, Toronto, Uxbridge, Vaughan, Waterloo, Welland, Whitby, Windsor, Woodstock, York Region.