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March 10, 2008
NEW DRAFT RULES
Following consultation with stakeholders, the MAB proposes revisions to
its Rules and practices in order to improve the dispute resolution
services provided and better meet the needs of parties. The proposed
revisions enable a flexible approach to the management and processing of
applications and are intended to facilitate the resolution of disputes.
Some of the proposed changes to the Rules
include:
- Revised application forms, providing
specific forms for specific types of applications
- The option for telephone mediation or
arbitration, and arbitration by way of written submissions in addition
to the option for in-person mediation or arbitration
- The flexibility of turning a pre-hearing
conference into a mediation
- The flexibility of further mediation
meetings to resolve compensation following a right of entry order
- Removal of the 30 day time limit to
request arbitration
- Provisions for asking the Board to
include the terms of a settlement in a consent order
- New rules and tariffs respecting costs
The proposed provisions for costs are
intended to acknowledge the compulsory nature of right of entry as well
as to encourage the resolution of disputes at the mediation stage. The
Rules envision that in most cases where right of entry and compensation
is the subject of an application, the landowner will be entitled to
payment of their costs of the mediation process based on a proposed
tariff. The Board maintains the discretion to order otherwise if the
circumstances warrant. In an arbitration proceeding, the Board maintains
discretion to determine entitlement to costs based on a number of
factors. The proposed tariff is intended to provide partial compensation
for costs. It is intended to provide a degree of certainty with respect
to the amount of costs that can be expected to be paid or recovered.
The Board invites comments and feedback
on the proposed revisions to the Rules. Please provide comments and
feedback by email directly to the Chair at
Cheryl.Vickers@pab.bc.ca
or by fax to the attention of Cheryl Vickers at 604-775-1742 or
250-787-3228, by Friday, April 11, 2008.
Last
Updated
March 12, 2008 |
