The LTB is changing how it handles requests to review an order:

  1. 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.
  2. 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.

  3. 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.

For more information about requests to review an order, read the revised Guideline 8 : Review of an Order and Rule 29.