Economic Development (Vegetation Management) By-law 2023
sec.46Effect of court’s decision on appeal
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sec.46 Effect of court’s decision on appeal
If the court substitutes another decision for the internal review decision— the substituted decision is taken to be a decision of MEDQ; and MEDQ may give effect to the substituted decision as if— the substituted decision were the original decision of MEDQ; and no application for review or appeal of the original decision had been made. If the court sets aside the internal review decision and returns the matter to MEDQ with directions, any decision made by MEDQ in accordance with the directions may not be reviewed or appealed against under this part. (sec.46-ssec.1) If the court substitutes another decision for the internal review decision— the substituted decision is taken to be a decision of MEDQ; and MEDQ may give effect to the substituted decision as if— the substituted decision were the original decision of MEDQ; and no application for review or appeal of the original decision had been made. (sec.46-ssec.2) If the court sets aside the internal review decision and returns the matter to MEDQ with directions, any decision made by MEDQ in accordance with the directions may not be reviewed or appealed against under this part.
- (a) the substituted decision is taken to be a decision of MEDQ; and
- (b) MEDQ may give effect to the substituted decision as if— (i) the substituted decision were the original decision of MEDQ; and (ii) no application for review or appeal of the original decision had been made.
- (i) the substituted decision were the original decision of MEDQ; and
- (ii) no application for review or appeal of the original decision had been made.
- (i) the substituted decision were the original decision of MEDQ; and
- (ii) no application for review or appeal of the original decision had been made.