HomeMy WebLinkAboutPD-304-90 TOWN OF NEWCASTLE
�r ENVIR.GPA REPORT File # I.
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: MONDAY, OCTOBER 1, 1990
REPORT #: PD-304-90 FILE #:
SUUCT: PROPOSED CHANGES TO THE HEARING PROCESS
ENVIRONMENTAL ASSESSMENT BOARD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-304-90 be received for information.
1. BACKGROUND:
On September 7, 1990, the Environmental Assessment Board
released Discussion Papers on proposed procedural and
legislative changes to the Hearing process . The Discussion
Paper was forwarded to all municipalities and any comment on
the proposed changes are to be made to the Board by October
151 1990 . This matter was considered by Council and was
referred to the Planning Department for report.
2 . SUMMARY OF PROPOSED CHANGES
The said Papers identify various problems and suggested
possible solution to improve and expedite the Hearing process .
The proposed changes are:
. . .2
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REPORT NO. : PD-304-90 PAGE 2
2 . 1 To require parties or their legal counsel to meet prior to the
hearing of evidence, and after technical experts have met, to
delineate and provide to the Assessment Board a statement of
agreed facts and a list of matters at issue.
2 .2 To seek specific legislative authority allowing mediation and
conciliation and describing the role of each.
2 . 3 To require the filing with the Board, environmental assessment
documents and the appropriate supporting documents well in
advance of the hearing.
2 .4 To amend legislation to make it clear that the Environmental
Assessment Board and Joint Boards have the power to dismiss
applications which are deemed to be deficient or defective.
2 .5 To require witnesses on all sides of an issue in dispute to
testify together.
2 . 6 To set time limits on the presentation of oral Evidence-in-
Chief.
2.7 To make clear in legislation that if a party is convinced it
is not getting a fair hearing, appeal be allowed immediately
or within specified time limit to Divisional Court.
2 . 8 To amend legislations so that the Board has direct contempt
powers .
2 .9 To retain expert staff to assist the Board to expedite hearing
process and to improve quality of the panel and written
decisions .
. . . 3
J901U `)
REPORT NO. : PD-304-90 PAGE 3
2 . 10 To amend legislations to allow Board to assess cost personally
against counsel where a solicitor for a party has caused costs
to be incurred without reasonable cause or to be wasted by
undue delay, negligence or other default.
3 . COMMENTS:
3 . 1 The proposed changes to the hearing process set out some
viable and possible solutions to speed up an environmental
assessing hearing process and is obviously necessary in the
public interest. The proposed changes does not appear to have
any negative impact on the Town and it is our opinion that the
proposed changes are long overdue.
3.2 The proposed changes were very comprehensive. Staff do not
have any additional suggestion to make to the Board.
Therefore this report is recommended to be received for
information.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Er',. /`Kotsef f
Director of Planning Chief Administrative
and Development Officer
FW*jip
25 September 1990
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