Docket LA96017
Order LA96-08

IN THE MATTER of an appeal by James Matthews against a decision by the Minister of Provincial Affairs and Attorney General, dated May 3, 1996.

BEFORE THE COMMISSION

on Thursday, the 4th day of July, 1996.

Linda Webber, Chair
Clayton Bulpitt, Commissioner
Emmett Kelly, Commissioner

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Order

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WHEREAS James Matthews filed an appeal with the Commission on May 30, 1996 against a decision by the Minister of Provincial Affairs and Attorney General;

AND WHEREAS the Commission heard the appeal at a public hearing conducted in Charlottetown on July 4, 1996 after due public notice;

AND WHEREAS the Commission has issued an oral decision;

FOR THE REASONS given at the hearing;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act

IT IS ORDERED THAT

1. The appeal is hereby dismissed.

DATED at Charlottetown, Prince Edward Island, this 4th day of July, 1996.

BY THE COMMISSION:

Linda Webber, Chair

Clayton Bulpitt, Commissioner

Emmett Kelly, Commissioner

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NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.