60 (1) A person (“applicant”) to whom any of the following decisions or orders is directed may require a hearing by the Environmental Review Tribunal: 1. Decision of the Director under subsection 18 (4) or (5) (conditions of registration). 2. Decision of the Director under subsection 20 (6) or (7) (cancellation of registration). 3. Decision of the Director under subsection 26 (3) or (4) (closing of cap and trade accounts). 4. Order of the Director under section 57 (administrative penalties). 5. Order of the Director under section 59 (review of compliance order). Failure or refusal to issue, etc. (2) For the purposes of subsection (1), the failure or refusal of a person to make a decision or to issue, amend or revoke an order is not itself an order. Procedure (3) The applicant may require the hearing by written notice served on the Tribunal within 15 days after the person is notified of the decision or is served with the order. Extension of time for requiring hearing (4) The Tribunal shall extend the time in which an applicant may give notice under subsection (3) requiring a hearing on a decision or an order if, in the Tribunal’s opinion, it is just to do so because notice of the decision or service of the order was not effective to bring the decision or order to the person’s attention. Contents of notice requiring hearing (5) The notice requiring the hearing shall include the following information: 1. The portions of the decision or order in respect of which the hearing is required. 2. The grounds on which the applicant intends to rely at the hearing. Effects of contents of notice (6) Except with leave of the Tribunal, the applicant is not entitled, at the hearing, to appeal a portion of the decision or order, or to rely on a ground, that is not stated in the notice requiring the hearing. Leave by Tribunal (7) The Tribunal may grant the leave referred to in subsection (6) if the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent on the granting of the leave. Parties (8) The applicant and such other person as may be specified by the Tribunal are parties to the proceeding before the Tribunal. Stay on appeal (9) The commencement of a proceeding stays the operation of an order under section 57 (administrative penalties). Exception (10) Despite subsection (9), the commencement of a proceeding does not stay the operation of an order that meets the prescribed criteria. Tribunal may grant stay (11) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of an order described in subsection (10). Right to apply to remove stay: new circumstances (12) A party to a proceeding may apply for the removal of a stay that was granted under subsection (11) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. Right to apply to remove stay: new party (13) A person who is made a party to a proceeding after a stay is granted under subsection (11) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application. Powers of the Tribunal (14) A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, vary or revoke the decision or order that is the subject matter of the hearing, and may substitute its opinion for that of the Director on grounds that the Tribunal considers reasonable. Limitation (15) If the hearing relates to an order to pay an administrative penalty under section 57, the Tribunal shall not vary the amount of the penalty unless the Tribunal considers the amount to be unreasonable. Same (16) For greater certainty, if the hearing relates to an order to pay an administrative penalty under section 57, a regulation made under that section governing the determination of the amounts of those penalties applies to the Tribunal.