Regulatory Law Chambers logo

New Performance Standards for Processing Facility Applications (AUC Bulletin 2019-15)

Link to decision bulletin

Facility Applications – Performance Standards and Timelines – Update

The AUC updated its internal performance standards and timelines for processing facility applications. The new standards and timelines replace those set out in Bulletin 2009-25, and apply to all facility applications filed on or after August 1, 2019.

While the new standards continue to recognize five categories of facility applications, the AUC refined or changed the criteria for those categories to reduce ambiguity and increase certainty. Under Bulletin 2009-25, Category 2 applications were characterized as simple applications that required notice or minimal information requests, whereas Category 3 applications were characterized similarly but with extensive information requests. Under the revised standards, Category 2 relates only to applications where notice is not required, but a single round of information requests is necessary to complete the application. Category 3 applications are now characterized by issuance of a notice and one or more rounds of information requests. The AUC redefined Category 4 and 5 applications based on the complexity of issues raised in a proceeding rather than on whether the application would be considered in an oral or written proceeding.

The AUC added new performance standards and timelines for record development, providing greater transparency and accountability for the AUC’s processing of facility applications. The AUC indicated that the new record development standard will incentivize more efficient application processing by establishing standard processing steps and timelines for each application category. The AUC’s new performance standards and timelines are now more category specific, including a 90 percent record development performance standard for Category 1 to 3 applications while maintaining the 80 percent standard for Category 4 and 5 applications. Further, the new performance standards establish specific decision writing timelines for categories 1 to 5, which are 15, 20, 30, 75 and 90 days, respectively.

Related Posts

Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8

Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8

Link to Decision Summarized Download Summary in PDF Administrative Law – Judicial Review v. Statutory Appeal Application Ummugulsum Yatar (“Ms. Yatar”) contested the denial of her insurance...