Content Changes 2016


NEW RULES

Pursuant to its statutory powers under section 11 of the Administrative Tribunals Act, the Oil and Gas Appeal Tribunal has made new Rules governing the appeal process. The Rules take effect on Friday, July 1, 2016 and replace the previous Rules. They apply to all new appeals, and all existing appeals to the extent possible.

The Rules do not change the usual way that an appeal proceeds; rather, they reduce the duplication with the statutory provisions and reduce some of the content that is more in the nature of policy. The latter is now in a Practice and Procedure Manual. Some notable changes to the Rules are set out below.

New deadlines

There is a new Rule stating how to calculate time in the Rules, and new deadlines have been established for the following:

  • notice of expert evidence and expert reports;

  • applying for a summons (order to attend as a witness) notice advance of the hearing; and

  • requesting an interpreter, assistance for the visually or hearing impaired, or other accommodation to enable meaningful participation at a hearing.

There is a new requirement for the Oil and Gas Commission to produce its “record of decision”. In addition, there are new requirements in the Rules on the following subjects: filing documents with the Tribunal by email, service of documents on other parties; applications; consequences for failure to participate in a hearing; and the payment of a summoned witness’s fees and expenses.

NEW PRACTICE AND PROCEDURE MANUAL and INFORMATION SHEETS

A comprehensive Procedure Manual has been created which explains the appeal process in detail and cites the legislation and/or Rule that may apply to a subject and any Tribunal policy relevant to that subject. The Tribunal has also created a new series of Information Sheets on discrete topics. These sheets supplement the topics covered in the Procedure Manual.

The Rules, Practice and Procedure Manual and Information Sheets may be found on the Tribunal’s website at www.ogat.gov.bc.ca, under the general heading “Appeal Process”.
The previously issued Practice Directive No. 1 is still in effect.