To file an application or appeal of a decision, you need to notify the Mining and Lands Tribunal (MLT) and outline your case under the:
- Mining Act
- Conservation Authorities Act
- Oil, Gas and Salt Resources Act
- Aggregate Resources Act
- Lakes and Rivers Improvement Act
- Assessment Act
If you are appealing a decision made by a Provincial Mining Recording, you need to file a formal appeal.
Once your notice is received, an “Order to File” may be issued. You and the opposing party must provide all documents and information related to the case you will be presenting.
An Order to File is an Order from the MLT which requires the parties to file their evidence with both the MLT and with the party or parties in opposition. The evidence includes all materials which are to be relied upon if the matter proceeds to a hearing (e.g. written statements of witnesses and experts, official records, documents, maps, resumes, photographs, correspondence, or any other documentary materials). The Order to File will also provide deadlines for filing documentation.
When in doubt, include a document or at least provide a list of documents allowing the opposing side or the MLT to decide whether that document will also be needed.
Please do not attend a hearing without filing everything you intend to rely on. While the decision-maker may allow you to file additional documents, the opposite party may not be prepared to respond. As a result, the proceedings may have to be adjourned.