Economic Development (Vegetation Management) By-law 2023
sec.45Powers of court on appeal
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sec.45 Powers of court on appeal
When deciding an appeal against an internal review decision, the court— has the same powers as MEDQ in making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice. An appeal is by way of rehearing. The court may— confirm the internal review decision; or substitute another decision for the internal review decision; or set aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate. (sec.45-ssec.1) When deciding an appeal against an internal review decision, the court— has the same powers as MEDQ in making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice. (sec.45-ssec.2) An appeal is by way of rehearing. (sec.45-ssec.3) The court may— confirm the internal review decision; or substitute another decision for the internal review decision; or set aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate.
- (a) has the same powers as MEDQ in making the internal review decision; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the internal review decision; or
- (b) substitute another decision for the internal review decision; or
- (c) set aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate.