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Practice & Procedure
Rule R98-1
Approved and
Adopted by the Executive Committee on November 5, 1998
Amended: April 28, 1999 and January 29, 2001
Effective: January 30, 2001
The Executive
Committee of the Commission, pursuant to the
Island
Regulatory and Appeals Commission Act,
hereby makes the following rule:
Rule R98-1
Procedures
under Sections 15 and 15.1 of the
P.E.I. Lands Protection Act
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Definitions |
1. In this Rule |
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Act |
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(a) "Act"
means the
Prince Edward Island Lands
Protection Act,
R.S.P.E.I. 1988, Cap. L-5;
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Formal
hearing |
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(b) "formal
hearing" means a formal, recorded proceeding where oral evidence is adduced or
argument is heard, or both oral evidence is adduced and argument is heard, before a panel
of the Commission;
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Panel -
review panel |
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(c)
"panel" or "review panel" means a quorum of Commissioners;
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Regulations |
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(e)
"regulations" means regulations approved under the
Prince
Edward Island Lands Protection Act;
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Respondent |
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(f)
"respondent" means a person or corporation under investigation.
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Short title |
2. This Rule may be
cited as the Lands Protection Act Investigation Rule. |
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Application
of rule |
3. This Rule
applies to investigations pursuant to Section 15 of the Act and to procedures pursuant to
section 15.1 of the Act. |
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Rule may be
varied |
4. In any
proceeding, the Commission, or a panel thereof, may vary or supplement any of the
provisions of this rule. |
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Investigating
officer |
5. The Commission may appoint
an investigating officer or officers to conduct an investigation pursuant to section 15 of
the Act. |
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Terms of
appointment |
6. The investigating officer
or officers appointed pursuant to section 5 shall conduct the investigation in accordance
with terms of appointment issued by the Commission. |
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Completion
of investigation |
7. On completion of the
investigation, the investigating officer or officers shall prepare and file with the
Commission a report summarizing the investigation. |
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Service of
report |
8. Within 30 days of receipt of
the report filed pursuant to section 7, the Commission shall serve a copy of the report on
the respondent. |
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Response to
report |
9.(1) The respondent
shall, within 30 days of receipt of the report of the investigating officer or officers,
file a response with the Commission. |
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Determination
by Commission, separate review panel |
(2) Following the 30-day
period specified in subsection 9(1), the Commission may appoint a separate review panel to
consider the report of the investigating officer or officers and any response filed by the
respondent and the review panel shall thereupon determine whether the respondent has
contravened the Act, regulations or an order or orders of the Commission. |
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Review
panel may conduct formal hearing |
(3) Notwithstanding
subsection 9(2), the review panel may, prior to determining whether a contravention has
occurred, conduct a formal hearing. |
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Imposition
of penalty |
(4) Where the review panel
determines that a contravention has occurred, it may impose a penalty pursuant to section
15.1 of the Act. |
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Idem |
10. (1) If a
response is not filed within the 30-day limit prescribed in subsection 9(1), the
review panel shall
(a) consider the
report of the investigating officer or officers; and
(b) determine
whether the respondent has contravened the Act, regulations or an order or orders of the
Commission;
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(2) If the review
panel determines that a contravention has occurred, it may impose a penalty pursuant to
section 15.1 of the Act. |
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Effective
date |
11. This rule comes
into effect on January 30, 2001. |