The Director appealed an order of the Environmental Review Tribunal awarding costs to the respondents after the Director revoked the underlying environmental orders.
The Divisional Court allowed the appeal, finding that the Tribunal lacked jurisdiction to award costs.
The Environmental Protection Act does not confer costs jurisdiction, and the Tribunal could not rely on section 17.1 of the Statutory Powers Procedure Act because it had not enacted rules regarding costs that complied with the requirements of section 17.1(2)(b).