• With the intent of countering pollution and global warming, the government has created theOntario Environmental Watchdog Commission. The Commission’s role is to track corporatepolluters in the province and record their carbon consumption usage. Carbon consumption willPARALEGAL DIPLOMA PROGRAMADMINISTRATIVE LAWVALUE OF THE ASSIGNMENT: 50% of your final markBreakdown:Assignment Part One: Procedural Fairness1.5 marks for each correct answer 15Spelling, organization, presentation, following instructions 10DUE DATE: February 22, 2023 – due before 6 pm (by time stamp on MOODLE)be evaluated against targets set by the government. Businesses failing to meet these fixedtargets will be subject to a new yearly environmental surcharge fee that will require them to paya proportional charge based on their excessive carbon consumption. Pollution assessments andfee impositions will be managed by the Commission. All monies collected will be invested inresearch and development of renewable energy sources and green technologies.When deciding whether or not to impose a pollution fee, the Commission has been givendiscretionary powers to waive certain fees or delay the imposition of fees in light of existingefforts made by the polluter to clean-up its act and reduce pollution. At the discretion of theCommission, payment of fees can also be delayed if such fees would create severe economichardship on the polluter.The government has also created the Ontario Environmental Watchdog Tribunal. Allbusinesses subject to a carbon fee can file an application to the OEWT to challenge theCommission’s decision.Mega Corp. is a large manufacturer in Ontario that consumes a lot of energy. The Commissionhas determined that Mega Corp.’s carbon consumption exceeds provincial consumption targetsand has slapped the company with a large environmental surcharge fee. Mega Corp. feels theCommission’s decision is unjust and does not take into account the nature of Mega Corp.’sbusiness nor its substantial efforts to reduce carbon consumption. Mega Corp. has filed anapplication with the Tribunal to challenge the Commission’s decision.Mega Corp has just retained a law firm to handle this matter on their behalf. You have beenassigned to assist on the file.What process would the Ontario government have used to create the OntarioEnvironmental Watchdog Commission and the Ontario Environmental WatchdogTribunal?2. Would this process attract procedural fairness? Why or why not?3. Pursuant to its enabling legislation, the Tribunal has been given the power to enact itsown rules of practice and procedure. When the Tribunal adopts rules of practice andprocedure, does this action attract procedural fairness? Why or why not?4. The Tribunal has sent the parties a notice of written hearing.(a) Assuming that the Tribunal is subject to the Statutory Powers and Procedures Act(SPPA), what must this notice contain and when it must be sent to the parties?(b) Assuming the Tribunal is NOT subject to the SPPA, what does the common lawrequire regarding notice?5. The Tribunal has advised the parties (Mega Corp. and the Commission) that the hearingwill proceed by written submissions and that an oral hearing will not be held. Mega Corp.is shocked and believes credibility will be a key issue in this case. Assuming that the Tribunal is subject to the SPPA, can Mega Corp. invoke the SPPA in order to get an oralhearing? Why or why not?6. Mega Corp. wants to call former employees as witnesses, but is concerned that theymight not attend the hearing. Assume that the Tribunal is subject to the SPPA, does theSPPA allow a party to request the Tribunal to force attendance using a summons?7. Prior to the hearing, the parties participated in mediation to resolve their dispute. The mediation was unsuccessful. Mega Corp. feels the mediator sympathized with itsposition. Assuming that the Tribunal is subject to the SPPA, is there any way to force the mediator to appear as a witness before the Tribunal or to obtain production of themediator’s notes for purposes of the hearing? Why or why not?8. During the first day of the hearing, the Commission seeks an adjournment to have timeto replace its lawyer because the lawyer has suffered a heart attack. Assuming that theTribunal is subject to the SPPA, does the SPPA deal with adjournments? How?9. During the third day of the hearing, Pavel Chekov, a former Mega Corp. employee, iscalled as a witness. Mr. Chekov is worried and has hired a lawyer to advise him abouthis rights. Assuming that the Tribunal is subject to the SPPA, will Mr. Chekov’s lawyerhave the right to participate in the hearing? If so, to what degree?10. The hearing took place and the Tribunal’s decision was released soon after. Youdiscover that the decision was made by the Chair’s personal assistant, who made thedecision based on her evaluation of the hearing notes taken by the Chair. Does thedecision-making process raise any concerns? Why or why not? What kind of concerns?