Environmental Protection Review Canada
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Stay Application

Application for an Interim Stay or Stay of a Compliance Order

[1] A person subject to a Compliance Order may apply, pursuant to section 258 of the Canadian Environmental Protection Act, 1999, for an order staying (i.e., suspending) the Compliance Order. In urgent situations, that person may also apply for an interim stay of the Compliance Order pending the hearing of the application for a stay. An application for an interim stay or stay must be made before the commencement of the review hearing.

[2] An application for an interim stay or stay ("application") should, subject to any direction from Environmental Protection Review Canada ("EPRC"), be in writing setting out the grounds on which it is sought. An application must be served on the Minister of Environment and Climate Change at the same time it is sent to EPRC.

[3] Applications must be supported by affidavit evidence and address the following:

  1. Whether there is a serious issued to be decided by EPRC;
  2. Whether irreparable harm will be suffered by the applicant if an interim stay or stay is not granted;
  3. Whether the balance of convenience, including effects on the public interest, favours granting a interim stay or stay.

[4] The Minister may file affidavit evidence in reply, addressing, in addition to any other matter that the Minister considers relevant, the three matters listed in the preceding paragraph.

[5] Cross-examination on the affidavit material may take place before a Review Officer. The Review Officer may limit the scope of cross-examination to only those issues that are relevant to the disposition of the application. In the ordinary course, and subject to any direction to the contrary from the Review Officer, oral submissions on the application for a stay will take place immediately following the completion of cross-examination. The Review Officer, in his or her discretion, may order that interrogatories if any, and submissions be made in writing.

[6] An applicant must, as soon as possible after the filing of a request for a review, arrange for a conference call with EPRC and the Minister to obtain direction as to the form and content of the application, the necessary supporting materials, the scheduling of dates for the cross-examination of witnesses, and the scheduling of the hearing of the application for a stay.

[7] Oral submissions, if any, with respect to the merits of the applications may be made by conference call. In certain circumstances the hearing may be dealt with through written material only.

[8] Where the circumstances warrant, an application for an interim stay may be granted prior to the filing of affidavit material.