238_2015 — Security for Costs (Administrative Tribunals) Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Administrative Tribunals Act;

s. 1 — intervener

intervener includes a person or body to which both of the following apply:

s. 1(a)

the Environmental Appeal Board has given the person or body the right to appear before it;

s. 1(b)

the person or body does not have full party status;

s. 1 — tribunal

tribunal means a tribunal or other body to which section 47.1 [security for costs] of the Act applies.

s. 2 — When tribunal may order security for costs

A tribunal must not require an applicant or intervener to make a deposit under section 47.1 of the Act, unless one or both of the following apply:

s. 2(a)

the application or intervention, or the conduct of the applicant or intervener, amounts to an abuse of process, including because

s. 2(a)(i)

the applicant or intervener has initiated the application or intervention for an improper purpose,

s. 2(a)(ii)

the applicant or intervener has engaged in unreasonable delay, or

s. 2(a)(iii)

the application or intervention has no reasonable prospect of success;

s. 2(b)

the applicant or intervener, or a representative of the applicant or intervenor, fails to attend a hearing as directed by the tribunal, without reasonable excuse.

s. 3 — Instalments

A tribunal may order that a deposit under section 47.1 of the Act be paid in instalments.