Once an appeal has been accepted by the Board, involved parties are identified and notified, and a hearing date is assigned. In most cases, a date is set within 45 days to two months of the appeal being filed. The period can vary depending on the matter under appeal and may be extended at the request of one of the parties to allow sufficient time for preparation. Because of the quasi-judicial nature of the hearing, the procedure is similar to that of a court. Parties are sworn, evidence is presented and witnesses are cross-examined.
All hearings are open to the public.
Decisions are not stated at the conclusion of the hearing. Rather, the written decision follows in about one month. Copies of the decision are mailed to the parties involved, the Minister of Environment, and four libraries. Decisions of the Board can also be challenged through an application to the court for a judicial review. The court will examine the matter to determine whether or not the principles of administrative law were followed and will rule accordingly.