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This Act is current to April 24, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Environmental Management Act

[SBC 2003] CHAPTER 53

Part 8 — Appeals

Division 1 — Environmental Appeal Board

Environmental Appeal Board

93   (1) The Environmental Appeal Board is continued to hear appeals that under the provisions of any enactment are to be heard by the appeal board.

(2) In relation to an appeal under another enactment, the appeal board has the powers given to it by that other enactment.

(3) The appeal board consists of the following individuals appointed by the Lieutenant Governor in Council after a merit-based process:

(a) a member designated as the chair;

(b) one or more members designated as vice chairs after consultation with the chair;

(c) other members appointed after consultation with the chair.

(4) [Repealed 2015-10-60.]

(5) and (6) [Repealed 2003-47-24.]

(7) to (11) [Repealed 2015-10-60.]

Application of Administrative Tribunals Act

93.1   (1) Subject to subsection (2), for the purposes of an appeal, the following provisions of the Administrative Tribunals Act apply to the appeal board:

(a) Part 1 [Interpretation and Application];

(b) Part 2 [Appointments];

(c) Part 3 [Clustering];

(d) Part 4 [Practice and Procedure], except the following:

(i) section 23 [notice of appeal (exclusive of prescribed fee)];

(ii) section 24 [time limit for appeals];

(iii) section 33 [interveners];

(iv) section 34 (1) and (2) [party power to compel witnesses and require disclosure];

(e) Part 6 [Costs and Sanctions];

(f) Part 7 [Decisions];

(g) Part 8 [Immunities];

(h) section 57 [time limit for judicial review];

(i) section 59.1 [surveys];

(j) section 59.2 [reporting];

(k) section 60 [power to make regulations].

(2) A reference to an intervener in a provision of the Administrative Tribunals Act made applicable to the appeal board under subsection (1) must be read as a reference to a person or body to which both of the following apply:

(a) the appeal board has given the person or body the right to appear before it;

(b) the person or body does not have full party status.

Parties and witnesses

94   (1) In an appeal, the appeal board or panel

(a) may hear the evidence of any person, including a person the appeal board or a panel invites to appear before it, and

(b) on request of

(i) the person,

(ii) a member of the body, or

(iii) a representative of the person or body,

whose decision is the subject of the appeal or review, must give that person or body full party status.

(2) and (3) [Repealed 2015-10-62.]


95   [Repealed 2015-10-62.]

Decision of appeal board

96   If the appeal board or a panel makes an order or decision with respect to an appeal the chair must send a copy of the order or decision to the minister and to the parties.

Varying and rescinding orders of appeal board

97   The Lieutenant Governor in Council may, in the public interest, vary or rescind an order or decision of the appeal board.

Appeal board power to enter property

98   The members of the appeal board have, for the purposes of an appeal, the right to enter any property except a private residence.

Division 2 — Appeals from Decisions under this Act

Definition of "decision"

99   For the purpose of this Division, "decision" means

(a) making an order,

(b) imposing a requirement,

(c) exercising a power except a power of delegation,

(d) issuing, amending, renewing, suspending, refusing, cancelling or refusing to amend a permit, approval or operational certificate,

(e) including a requirement or a condition in an order, permit, approval or operational certificate,

(f) determining to impose an administrative penalty, and

(g) determining that the terms and conditions of an agreement under section 115 (4) [administrative penalties] have not been performed.

Appeals to Environmental Appeal Board

100   (1) A person aggrieved by a decision of a director or a district director may appeal the decision to the appeal board in accordance with this Division.

(2) For certainty, a decision under this Act of the Lieutenant Governor in Council or the minister is not appealable to the appeal board.

Time limit for commencing appeal

101   The time limit for commencing an appeal of a decision is 30 days after notice of the decision is given.

Procedure on appeals

102   (1) Division 1 [Environmental Appeal Board] of this Part applies to an appeal under this Division.

(2) The appeal board may conduct an appeal under this Division by way of a new hearing.

Powers of appeal board in deciding appeal

103   On an appeal under this Division, the appeal board may

(a) send the matter back to the person who made the decision, with directions,

(b) confirm, reverse or vary the decision being appealed, or

(c) make any decision that the person whose decision is appealed could have made, and that the appeal board considers appropriate in the circumstances.


104   [Repealed 2015-10-64.]

Division 3


105   [Repealed 2015-10-64.]

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 9 | Part 9.1 | Part 10 | Part 11