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
There is a new Rule stating
how to calculate time in the Rules, and new deadlines
have been established for the following:
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.
notice of expert evidence and expert reports;
applying for a summons (order
to attend as a witness) notice advance of the
requesting an interpreter,
assistance for the visually or hearing impaired, or
other accommodation to enable meaningful
participation at a hearing.
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
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”.
previously issued Practice Directive No. 1 is still in