Hearings and Appeals
For applications that do not meet Board-approved policies or the applicant objects to conditions of approval, a hearing will be scheduled.
Under the terms of the Conservation Authorities Act and Ontario Regulation 162/06, the CH Board of Directors acts as the Hearing Board. The Hearing Board is empowered by law to make a decision and governed by the Statutory Powers and Procedures Act.
At the hearing, attendance of all Hearing Board members is recorded. Staff will highlight the merits and concerns of the application and give reasons supporting their recommendations for conditions or refusal. The applicant and/or agent will present their case and respond to any information presented by CH staff. Upon hearing the presentations and evidence, the Hearing Board will make a decision. The Hearing Board may grant the permission with or without conditions, or refuse the permission.
Where the application is refused, the applicant is notified of the reasons at the meeting, as well as in writing shortly after. The applicant will be informed of their right to appeal the decision of the Hearing Board to the Mining and Lands Commissioner, within 30 days of receiving its reasons for refusal in writing.
The Mining and Lands Commissioner has been assigned the authority, duties and powers to hear appeals from the decisions of conservation authorities. The Mining and Lands Commissionermay dismiss the appeal or grant permission at a hearing.
Where the application is granted by the Hearing Board, CH will issue the permit once all of the final plans are received and any conditions imposed by the Hearing Board have been addressed.