Administrative Tribunals

All commercial activity is regulated, directly or indirectly, to some extent, by government or quasi-government authorities. Specialized administrative tribunals commonly resolve disputes under various regulatory regimes. There are many examples, some well known, others less so: public utility commissions; environmental appeal boards; water boards; specialized industry tribunals such as motor carrier commissions; and many others.

Effective representation in front of administrative tribunals requires a lawyer with knowledge of the client and of its business and with specialized expertise as hearing counsel. Fasken Martineau's administrative lawyers have that experience and expertise. Specifically, we have appeared in front of some of more widely known tribunals – for example, the provincial public utility commissions, the National Energy Board, etc. (described in more detail in the Regulatory section). Additionally, in each of the jurisdictions where we practice law, Fasken Martineau has lawyers with experience representing businesses in hearings before a wide variety of administrative tribunals.

Recent representative experience includes the following:

• Counsel to a company in hearing before an environmental appeal board; our client sought to defend restrictive term, one that protected our client's operation, in an environment permit held by another entity.
• Counsel to an intervener in support of an application to a motor carrier commission for a commercial passenger transportation licence.
• Counsel to mining companies before land and water boards regarding water permits, land use permits, exploration permits and other tenure and licences.