Process for Hearing Complaints

The Nisga'a Administrative Decisions Review Act provides the following process for reviewing a decision where a right of review is provided:

Conduct of reviews
16. (1) Subject to this Act and the regulations, the board may determine the practice and
procedure for the conduct of a review before a panel.
(2) The panel must conduct each review as expeditiously and informally as possible but must
give each of the parties to the review a reasonable opportunity
(a) to hear the evidence and submissions of the other parties,
(b) to present relevant evidence,
(c) to question witnesses, and
(d) to make submissions.
(3) Subject to subsection (4), the panel may receive and accept an oath or by affirmation, by
affidavit or otherwise, evidence that the panel considers relevant and credible, whether or
not the evidence would be admissible in a court of law.
(4) Despite any other provisions of this Act, the panel may receive only relevant evidence
respecting any of the grounds for a complaint set out in section 17(1) that the complainant
is alleging and must not conduct a new hearing into the matter that was subject of the
decision under review.
(5) The panel may retain, call or hear a technical expert or advisor when it is in the public
interest to do so.
(6) The panel must arrange for the recording of an oral hearing and, on request of a party to
the review and after payment of any prescribed fees by the party making the request, must
provide a transcript of that recording.

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