The LTB is changing how it handles requests to review an order:
- Preliminary reviews – A vice chair or other senior LTB member (adjudicator) will conduct the preliminary review of a Request to Review an Order. Previously, all members could conduct this review.
- Review hearings – If there is a review hearing, the vice chair or senior member who did the preliminary review will decide which member will conduct the review hearing within these parameters
- Requests to review that claim a party was not reasonably able to participate can be heard by any member, including the member who issued the original order.
- Requests to review that ask the LTB to consider new evidence will usually be assigned to the same member who issued the original order.
- Requests to review that allege a serious error will be heard by the vice chair or senior member.
Previously, the member who made the order could not be assigned to conduct the hearing.
- The rules now also clarify that although the LTB can initiate a review without receiving a request from one of the parties (rule 29.4), a party cannot request that the LTB exercise this power. A party must request a review using rule 29.1.