Hearings and Judicial Review
Marginal note:Definition of “Committee”
(2) The Minister shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Act to be subject to this section, give notice in writing to the persons the Minister considers to be directly affected by the proposed order, decision or action.
Marginal note:Request for hearing
(3) Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Minister shall direct the Committee to appoint a time and place for a hearing and give notice thereof to the person who requested the hearing.
(4) Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing.
Marginal note:Powers of Committee
(5) For the purposes of a hearing requested under subsection (3), the Committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all such powers, rights and privileges as are vested in a superior court of record.
Marginal note:Recommendations of Committee
(6) On the conclusion of the hearing, the Committee shall submit to the Minister its recommendations concerning the proposed order, decision or action of the Minister, together with the evidence and other material that was before the Committee.
Marginal note:Order of Minister
(7) Before making any order or decision or taking any action in respect of which a hearing has been held, the Minister shall consider the recommendations of the Committee.
Marginal note:Notification of order and reasons
(8) Where an order, decision or action referred to in subsection (2) is made or taken, the Minister shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.
Marginal note:Effective date of order
(9) An order, decision or action referred to in subsection (2) takes effect as of
(a) the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or
(b) the day that the order or decision is made or the action is taken by the Minister, where a hearing is requested under subsection (3).
Marginal note:Judicial review
(10) Any order, decision or action in respect of which a hearing is held under this section is subject to judicial review under the Federal Courts Act.
- R.S., 1985, c. 36 (2nd Supp.), s. 106;
- 1990, c. 8, s. 47;
- 1992, c. 35, s. 43;
- 2002, c. 8, s. 182.
- Date modified: