Case information

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Administrative law — Boards and tribunals — Canada-Nova Scotia Offshore Petroleum Board — Judicial review — Applicant seeking judicial review of decision made by Board to cancel an exploratory licence issued to the applicant — Whether the Nova Scotia Court of Appeal applied the wrong legal test when determining whether the Applicant’s allegation of reasonable apprehension of institutional bias could be considered and in the manner in which it applied the test for considering a new issue in relation to the Applicant’s allegation of a institutional bias

The Canada-Nova Scotia Offshore Petroleum Board (“Board”) regulates the development of petroleum resources in the Nova Scotia offshore area. It granted the applicant an exploration license for a parcel of offshore lands based on the amount of expenditure proposed for exploration. Pursuant to the terms of the license, the applicant was required to deposit 25% of the proposed exploration expenditure as security. Failure to do so would result in the cancellation of the license. The applicant failed to make the deposit within the allotted time frame. The Board gave notice of its proposed decision to cancel the exploration license. The legislation provided a mechanism for the person affected to request a hearing before the Oil and Gas Committee (“Committee”). After considering the recommendation of the Committee, in accordance the governing legislation, the Board concluded that the applicant failed to comply with the exploration license and ordered the cancellation of the license and forfeiture of the deposit. The applicant sought judicial review of the Board decision.