Environmental Review Tribunal Act, 2000, S.O. 2000, c. 26, Sched. FSkip to content
Environmental Review Tribunal Act, 2000
S.O. 2000, CHAPTER 26
Historical version for the period December 6, 2000 to December 19, 2006.
Environmental Review Tribunal
1. (1) The Environmental Assessment Board and the Environmental Appeal Board are amalgamated and continued as a tribunal known in English as the Environmental Review Tribunal and in French as Tribunal de l’environnement. 2000, c. 26, Sched. F, s. 1 (1).
Composition of Tribunal
(2) The Tribunal shall be composed of not fewer than five persons who shall be appointed by the Lieutenant Governor in Council. 2000, c. 26, Sched. F, s. 1 (2).
(3) None of the members of the Tribunal shall be members of the public service in the employ of the Ministry of the Environment. 2000, c. 26, Sched. F, s. 1 (3).
Chair and vice-chairs
(4) The Lieutenant Governor in Council shall designate a chair and one or more vice-chairs from among the members of the Tribunal. 2000, c. 26, Sched. F, s. 1 (4).
(5) In the case of the absence or inability to act of the chair or of there being a vacancy in the office of the chair, a vice-chair shall act as and have all the powers of the chair and, in the absence of the chair and vice-chair or vice-chairs from any meeting of the Tribunal, the members of the Tribunal present at the meeting shall appoint an acting chair who shall act as and have all the powers of the chair during the meeting. 2000, c. 26, Sched. F, s. 1 (5).
(6) The members of the Tribunal shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. 2000, c. 26, Sched. F, s. 1 (6).
2. A secretary of the Tribunal and such other employees as are necessary to carry out the duties of the Tribunal shall be appointed under the Public Service Act. 2000, c. 26, Sched. F, s. 2.
3. The Tribunal may sit jointly either within or outside Ontario with any tribunal established under the law of another jurisdiction. 2000, c. 26, Sched. F, s. 3.
4. (1) Three members of the Tribunal constitute a quorum. 2000, c. 26, Sched. F, s. 4 (1).
One or two members
(2) The chair or a vice-chair may in writing authorize one or two members of the Tribunal to hear and determine any matter and, for that purpose, the member or members have all the jurisdiction and powers of the Tribunal. 2000, c. 26, Sched. F, s. 4 (2).
Participation in decision
5. Only members who are present throughout the hearing of a matter shall participate in making the Tribunal’s decision about it. 2000, c. 26, Sched. F, s. 5.
6. The Tribunal may appoint from time to time one or more persons having technical or special knowledge of any matter to inquire into and report to the Tribunal and to assist the Tribunal in any capacity in respect of any matter before it. 2000, c. 26, Sched. F, s. 6.
Tribunal may appoint class representative
7. For the purpose of a proceeding before the Tribunal, the Tribunal may appoint from among a class of parties to the proceeding having, in the opinion of the Tribunal, a common interest, a person to represent that class in the proceeding, but any other member of the class for which such appointment was made may, with the consent of the Tribunal, take part in the proceeding despite the appointment. 2000, c. 26, Sched. F, s. 7.
Testimony by member, employee or appointee of Tribunal
8. No member, employee or appointee of the Tribunal shall be required to give testimony in any proceeding with regard to information obtained by him or her in the discharge of duties as a member, employee or appointee of the Tribunal. 2000, c. 26, Sched. F, s. 8.
Inspection of premises
9. (1) For the purposes relevant to the subject-matter of a hearing, the Tribunal, its employees and appointees may enter and inspect any land or premises other than a dwelling at any reasonable time. 2000, c. 26, Sched. F, s. 9 (1).
(2) On the request of an owner or occupier of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry. 2000, c. 26, Sched. F, s. 9 (2).
10.-14. Omitted (amends or repeals other Acts). 2000, c. 26, Sched. F, ss. 10-14.
15.-17. Omitted (provides for transition). 2000, c. 26, Sched. F, ss. 15-17.
18. Omitted (provides for coming into force of provisions of this Act). 2000, c. 26, Sched. F, s. 18.
19. Omitted (enacts short title of this Act). 2000, c. 26, Sched. F, s. 19.