Canada-Newfoundland Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Marginal note:Orders and decisions final

• 184. (1) Except as provided in this Division, every decision or order of the Committee is final and conclusive.

• Marginal note:Decision or order defined

  (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee.

Marginal note:Stated case for Supreme Court of Newfoundland

• 185. (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

• Marginal note:Proceedings thereon

  (2) The Trial Division of the Supreme Court of Newfoundland shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court thereon.

Marginal note:Board may review orders of Committee

186. The Board may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Board makes with respect thereto becomes a decision or order of the Committee and, subject to section 187, is binding on the Committee and on all parties.

Marginal note:Appeal to Supreme Court of Newfoundland

• 187. (1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland on a question of law, on leave therefor being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow.

• Marginal note:Staying order

  (2) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined.

• Marginal note:Powers of the Court

  (3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

• Marginal note:Order subject to section 186

  (4) Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Board pursuant to section 186, shall be subject to that section.

Marginal note:Officers

188. The safety officers and conservation officers necessary for the administration and enforcement of this Part and the regulations shall be appointed by the Board.