cover image: Enemies of the state?

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20.500.12592/txq04j

Enemies of the state?

7 Dec 2007

After the issuance of Decision 2005-31, the next step was for the Board to consider whether to approve the construction of the transmission facility in the West Corridor pursuant to the HEEA. [...] The most significant of these was as to the effect of s. 14(3) of the HEEA – the key statutory provision governing the hearing – which requires the Board to determine whether the application for the facility meets the requirement of “public convenience and need”. [...] Subsequent to deregulation transmission hearings were bifurcated to allow consideration of the development of the facility within the context of the general operation of the electricity market in one hearing and consideration of the particular transmission facility proposed to be constructed in the other. [...] It did not (until justifying itself to the Privacy Commissioner) specify the magnitude or severity of the threat, or give any reasons to support the conclusion that the threat was significant enough to warrant interference with the procedural rights of the interveners. [...] R. 817, the relevant considerations in determining the appropriate level of procedural fairness are: 1) “the nature of the decision and the process followed in making it” (at 838); 2) the statutory scheme; 3) “the importance of the decision to the individual or individuals affected” (at 838); 4) the legitimate expectations with respect to the process to be followed; 5) the agency’s own choice of p
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Authors

Woolley, Alice

Pages
41
Published in
Canada

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