Intervenor Funding Project Act, R.S.O. 1990, c. I.13"

Intervenor Funding Project Act, R.S.O. 1990, c. I.13, Intervenor Funding Project Act

Intervenor Funding Project Act

R.S.O. 1990, CHAPTER I.13

Note: This Act was repealed on April, 1, 1996. See: 1990, c. I.13, s. 16 (1).

Amended by: 1993, c. 27, Sched.

INTERVENOR FUNDING

Definitions

1. In this Act,

“board” means a joint board, the Ontario Energy Board or the Environmental Assessment Board; (“commission”)

“funding panel” means an intervenor funding panel appointed under this Act; (“comité d’aide financière”)

“funding proponent” means a proponent who has been named by a funding panel as a funding proponent; (“proposant tenu de verser une aide financière”)

“intervenor” means a person or group of persons that has been granted status as an intervenor in a proceeding before a board; (“intervenant”)

“intervenor funding” means funding awarded under this Act to an intervenor in advance of a hearing before a board; (“aide financière aux intervenants”)

“joint board” means a joint board established under the Consolidated Hearings Act to consider a matter arising under the Environmental Assessment Act, the Environmental Protection Act or the Ontario Water Resources Act; (“commission mixte”)

“proponent” means a party whose undertaking, in the opinion of a funding panel, is the subject-matter of the hearing or another party or individual or corporation, who, in the opinion of a funding panel, is potentially a major financial beneficiary of the decision of the board. (“proposant”) R.S.O. 1990, c. I.13, s. 1.

Purpose

2. The purpose of this Act is to provide for the establishment and conduct of a pilot project related to the provision of intervenor funding in proceedings before boards. R.S.O. 1990, c. I.13, s. 2.

Right to apply for intervenor funding

3. (1) An intervenor in a proceeding before a board may apply to the board, as provided under this Act, for intervenor funding.

Notice

(2) A board shall set out in its notices of hearing,

(a) a statement of the right set out in subsection (1); and

(b) a brief statement of where and when applications for status as an intervenor can be made.

Idem

(3) As soon as all applications for intervenor status have been decided, the board shall notify all intervenors of their right to apply for intervenor funding and it shall forthwith advise the intervenors of the last date for making an application.

Adjournment

(4) After determining all issues related to intervenor status, a board shall not proceed further with a hearing,

(a) until the last date for applying for intervenor funding has passed and no applications are received; or

(b) until the funding panel for the hearing has advised the board that all applications for intervenor funding have been decided if any applications are received. R.S.O. 1990, c. I.13, s. 3.

Intervenor funding panel required

4. (1) An intervenor funding panel shall be appointed for a hearing before a board if any applications are received for intervenor funding.

Duty of funding panels

(2) A funding panel shall determine, with respect to the hearing for which it is appointed, all issues related to the determination of who are the proponents and funding proponents and eligibility for intervenor funding and the amount of the funding.

Restriction

(3) A member of a funding panel shall not determine any issue in the hearing for which the panel was appointed other than those referred to in subsection (2). R.S.O. 1990, c. I.13, s. 4.

Composition and appointment of funding panels

5. (1) Except in the case of a joint board, a funding panel shall consist of one person named by the chair of the board from among its members. R.S.O. 1990, c.I.13, s. 5 (1); 1993, c. 27, Sched.

Idem

(2) The funding panel of a joint board shall consist of one person named by the chair of the Ontario Municipal Board from among its members and one person named by the chair of the Environmental Assessment Board from among its members. R.S.O. 1990, c. I.13, s. 5 (2); 1993, c. 27, Sched.

Chair

(3) The member named under subsection (2) by the chair of the Environmental Assessment Board shall be the chair of the funding panel of the joint board.

Decision of joint board

(4) If the members of the funding panel of a joint board are unable to reach a common decision, the decision of the panel’s chair shall be deemed to be the panel’s decision. R.S.O. 1990, c. I.13, s. 5 (3, 4).

Funding proponents

6. (1) Before dealing with any applications for intervenor funding, a funding panel shall determine who is or are the funding proponents.

Notice

(2) For purposes of the determination required by subsection (1), a funding panel shall give notice to a proponent of its intention to name the proponent as a funding proponent.

Hearing

(3) If a proponent who receives a notice under subsection (2) files with the board an objection to being named as a funding proponent, the funding panel shall hold a hearing to determine whether the proponent will be named as a funding proponent.

Deemed funding proponent

(4) A proponent who does not file an objection within the time allowed by the funding panel shall be named as a funding proponent.

Power of board

(5) A funding panel may decide that there is no funding proponent.

Party status

(6) A funding proponent is entitled to be a party to hearings before the funding panel and with respect to applications under section 12. R.S.O. 1990, c. I.13, s. 6.

Eligibility for intervenor funding

7. (1) Intervenor funding may be awarded only in relation to issues,

(a) which, in the opinion of the funding panel, affect a significant segment of the public; and

(b) which, in the opinion of the funding panel, affect the public interest and not just private interests.

Idem

(2) In deciding whether to award intervenor funding to an intervenor, the funding panel shall consider whether,

(a) the intervenor represents a clearly ascertainable interest that should be represented at the hearing;

(b) separate and adequate representation of the interest would assist the board and contribute substantially to the hearing;

(d) the intervenor has made reasonable efforts to raise funding from other sources;

(e) the intervenor has an established record of concern for and commitment to the interest;

(f) the intervenor has attempted to bring related interests of which it was aware into an umbrella group to represent the related interests at the hearing;

(g) the intervenor has a clear proposal for its use of any funds which might be awarded; and

(h) the intervenor has appropriate financial controls to ensure that the funds, if awarded, are spent for the purposes of the award.

Idem

(3) In determining the amount of an award of intervenor funding, the funding panel shall,

(a) if the proposal includes the use of lawyers in private practice, assess legal fees at the legal aid rate under the legal aid plan in effect on the day of the award for work necessarily and reasonably performed;

(b) set a ceiling in respect of disbursements that may be paid as part of the award and such disbursements shall be restricted to eligible disbursements;

Idem

(4) A funding panel may award intervenor funding subject to such conditions as it sets out in its order.

Definition

(5) In clause (3)(b), “eligible disbursements” means disbursements for consultants, expert witnesses, typing, printing, copying and transcripts necessary for the representation of the interest and such other expenditures as may be named in the regulations made under this Act as eligible disbursements. R.S.O. 1990, c. I.13, s. 7.

Proponent to pay

8. (1) An award of intervenor funding is an award against the funding proponent named in the order of the funding panel and shall be paid by the funding proponent at the times and in the amounts specified in the panel’s order.

Idem

(2) If there is more than one funding proponent, the funding panel may determine the proportion of an award of intervenor funding that each funding proponent shall pay.

Idem

(3) If the funding panel is of the opinion that an award of intervenor funding will result in significant financial hardship to the funding proponent, the panel may refuse to make the award or it may reduce the size of the award. R.S.O. 1990, c. I.13, s. 8.

Supervision

9. (1) It is a condition of every award of intervenor funding that the intervenor in whose favour an award is made allow the board under whose jurisdiction the award was made, or its agents, access to the books and records of the intervenor to insure that conditions set by the funding panel are being or have been met.

Enforcement of conditions

(2) If an intervenor fails without reasonable cause to comply with the conditions of an award, the intervenor and its directors and officers, upon the order of the board, shall be jointly and severally liable to repay to the proponent the amount of the award, or such part thereof, as the board may order. R.S.O. 1990, c. I.13, s. 9.

Rules

10. Rules regulating the practice and procedure for matters to be determined under this Act in relation to hearings before a board may be made in the same manner as rules regulating the practice and procedure of the board. R.S.O. 1990, c. I.13, s. 10.

Regulations

11. The Lieutenant Governor in Council may make regulations naming expenditures that shall be considered to be eligible disbursements. R.S.O. 1990, c. I.13, s. 11.

Supplementary funding

12. (1) An intervenor who has received intervenor funding may apply to the board at any time up to the end of the hearing for supplementary funding and the board may award the funding if it is of the opinion, having regard to all of the circumstances, that the original award was inadequate.

Idem

(2) Sections 7 to 11 apply with necessary modifications to supplementary funding.

Costs

(3) The amount of intervenor funding received by an intervenor shall be deducted by the board from any costs awarded to the intervenor. R.S.O. 1990, c. I.13, s. 12.

Appeals

13. (1) An appeal lies only on a matter of law with respect to a decision on intervenor funding.

Ontario Court (General Division)

(2) An appeal shall be commenced by way of application to the Ontario Court (General Division) and shall be heard by a single judge.

Powers of judge

(3) If the judge finds an error of law, the judge may,

(a) make any order or decision that the funding panel or board, as the case may be, ought to have or could have made;

(b) order a rehearing by the funding panel or the board, as the case may be;

Crown bound

14. This Act binds the Crown. R.S.O. 1990, c. I.13, s. 14.

Application

15. This Act applies only to hearings in relation to which public notice of hearing is first given on or after the 1st day of April, 1989. R.S.O. 1990, c. I.13, s. 15.

Repeal

16. (1) This Act is repealed on the 1st day of April, 1992 or on such day after the 1st day of April, 1992 as is named by proclamation of the Lieutenant Governor.

Transitional

(2) Proceedings commenced before the repeal of this Act shall be taken up and completed as if it had not been repealed. R.S.O. 1990, c. I.13, s. 16.