I 7

Review of Decisions
Any party that is not satisfied with a decision made by the Authority will have the right to request
a review of that decision.
•

First, the party may seek reconsideration from the Authority. If, following reconsideration,
LCA determines that it will not alter its decision, it will be required to explain, in writing, why
it did not find the arguments of the party to be persuasive.

•

If the party is not satisfied with the reconsideration decision, the party may request review by
the Minister. The Minister's review will be narrow. The Minister may only vacate the
Authority's decision if he concludes, based on the record, that the decision is: (1) inconsistent
with law or established policy; (2) procedurally improper; (3) not supported by substantial
evidence or (4) arbitrary and capricious. In such cases, the Minister will issue a written
decision explaining the basis for his determination, and will remand the decision to the
Authority. The Authority will then be required to respond in a manner that is consistent with
the Minister's determination. If necessary, the Minister will appoint a qualified individual (or
individuals) to assist with any or all aspects of this oversight function.

•

Finally, any party may seek judicial review of the Minister's decision to uphold or vacate the
Authority's decision.

The Act will specify deadlines for each stage of the review process to ensure a timely response for
the party that has sought review.

3.1.3 Regulatory Principles
In performing its functions, the LCA will be guided by the following regulatory principles:

Protection of consumers
In carrying out its functions, LCA's primary obligation will be to protect the interests of
consumers. The need for consumer protection is greatest in non-competitive markets. However,
where appropriate, LCA will adopt rules applicable to all market participants.

Promotion and Preservation of Competition
LCA will seek to promote competition, wherever feasible. This will include removing legal
barriers to market entry and service provision, as well as taking affirmative actions to reduce the
cost of entry. Where competition exists, LCA will take necessary actions to preserve and, where
feasible, enhance that competition.

Select target paragraph3