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Consultation on Proposed Amendments to AUC Rule 016, AUC Bulletin 2023-07

Link to Decision Summarized

Rules – Applications for Review

The AUC proposed amendments to Rule 016: Review of Commission Decisions as part of the ongoing review of its case management procedures and its objective of improving the transparency, clarity and simplicity of its rules. The proposed amendments:

  • Introduce minimum information requirements expecting review applicants to identify:
    • the alleged error of fact, if alleging an error of fact under s 5(1)(a); and
    • the legal standard and facts that are at issue, and explain how the AUC erred in applying the legal standard to those facts, if alleging an error of mixed fact and law under s 5(1)(a).
  • Change the standard of proof for errors of fact and, mixed fact and law from ‘a balance of probabilities’ to ‘a palpable and overriding error;’
  • Codify the AUC’s discretion to dismiss a review application, if it does not comply with minimum information requirements or if it is out of scope of the permissible grounds for review; and
  • Introduce page limits for response submissions.

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