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| B.C. Reg. 12/2004 O.C. 16/2004 | Deposited January 23, 2004 effective January 31, 2004 |
[includes amendments up to B.C. Reg. 240/2015, December 18, 2015]
1 In this regulation:
"requesting person" means a person that requests a review of
(a) a determination, order or decision referred to in section 143 (1) of the Forest Act,
(b) an order, decision or amendment referred to in section 69 (1) of the Range Act,
(c) a determination referred to in section 80 (1) of the Forest and Range Practices Act, or
(d) an order referred to in section 37 (1) of the Wildfire Act;
"reviewer" means
(a) for a review under the Forest Act,
(i) the regional manager if the review concerns a determination, order or decision referred to in section 143 (1) (a) of the Forest Act,
(ii) the person authorized by the minister, if the review concerns a determination, order or decision referred to in section 143 (1) (b) of the Forest Act,
(iii) the chief forester if the review concerns a determination, order or decision referred to in section 143 (1) (c) of the Forest Act, or
(iv) the person to whom, under section 143 (3) of the Forest Act, the regional manager or chief forester delegates the power to decide the review,
(b) for a review under the Range Act,
(i) the person who made the original order or decision or prepared the amendment, or
(ii) another person who under section 69 (1) of the Range Act is designated by the minister to decide the review,
(c) for a review under the Forest and Range Practices Act,
(i) the person who made the original determination, or
(ii) another person who, under this regulation or section 80 (1) of the Forest and Range Practices Act, is designated by the minister to decide the review, or
(d) for a review under the Wildfire Act,
(i) the person who made the original order, or
(ii) another person who under section 37 (1) of the Wildfire Act is designated by the minister to decide the review.
[am. B.C. Regs. 353/2004, s. 1; 83/2006, s. 1; 240/2015, App. 2, s. 1.]
Part 2 — Administrative Review Procedure
Division 1 — Requesting a Review
(a) a review of a determination, order or decision referred to in section 143 (1) of the Forest Act,
(b) a review of an order, decision or amendment referred to in section 69 (1) of the Range Act,
(c) a review of a determination referred to in section 80 (1) of the Forest and Range Practices Act, or
(d) a review of an order referred to in section 37 (1) of the Wildfire Act,
the request for review must be signed by, or on behalf of, the person who is the subject of the determination, order, decision or amendment under review, and must contain all of the following information:
(e) the name and address of the requesting person;
(f) the address for service of the requesting person;
(g) except in the case of a review under the Forest Act, the new evidence that was not available at the time the determination, order, decision or amendment under review was made;
(h) a statement of the relief requested.
(a) a review of a determination referred to in section 81 (1) of the Forest and Range Practices Act,
(b) a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either, or
(c) a review of an order referred to in section 38 (1) of the Wildfire Act,
the requirement for review or request for review must be signed by or on behalf of the chair of the board, and must contain all of the following information:
(d) in the case of a review referred to in paragraph (a) or (c), written consent of the person who is the subject of the determination or order;
(e) the name of the person who made the determination or order, or who approved or gave effect to the plan or amendment;
(f) the address for service of the board;
(h) a statement of the relief requested.
[en. B.C. Reg. 83/2006, s. 2.]
Division 2 — Procedures after Receipt of Request for Review under the Forest Act
3 Sections 4 to 7 apply to reviews under the Forest Act.
[en. B.C. Reg. 83/2006, s. 3.]
4 The reviewer must acknowledge in writing any request for review.
[en. B.C. Reg. 83/2006, s. 3.]
5 (1) If a request for review does not comply with section 2 (1), the reviewer may serve a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the reviewer serves a notice of deficiencies under subsection (1), the requested review may proceed only after the submission to the reviewer of further material remedying the deficiencies.
(3) The reviewer must serve a copy of the request and any notice of deficiency to the person who made the determination, order or decision that is the subject of the request.
[en. B.C. Reg. 83/2006, s. 3.]
6 The reviewer must serve a notice of review to the person who requested the review, and to the person referred to in section 5 (3), setting out,
(a) in accordance with section 145 (1) of the Forest Act, the basis on which the review is to be conducted, and
(b) if there is to be an oral hearing, the date, time and location of the oral hearing.
7 The prescribed period for the purposes of section 145 (3) (a) of the Forest Act is 60 days.
Division 2.1 — Procedures after Receipt of Request for Review under the Range Act
7.1 Sections 7.1 to 7.6 apply to reviews under the Range Act.
[en. B.C. Reg. 83/2006, s. 4.]
7.2 (1) The minister must acknowledge in writing any request for review.
(2) The minister must give a copy of the request to the person who made the order or decision or who prepared the amendment, which order, decision or amendment is the subject of the request.
[en. B.C. Reg. 83/2006, s. 4.]
7.3 (1) If a request for review does not comply with section 2 (1), the minister may give a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the submission to the minister of further material remedying the deficiencies.
[en. B.C. Reg. 83/2006, s. 4.]
7.4 On receipt of a request for review, the minister must forward the request to
(a) the person who made the order or decision or who prepared the amendment, which order, decision or amendment is the subject of the request, or
(b) another person whom the minister, under section 69 (1) of the Range Act, designates to review the order.
[en. B.C. Reg. 83/2006, s. 4.]
7.5 (1) The reviewer must give a notice of review to
(a) the person who requested the review, and
(b) the persons referred to in section 7.4.
(2) If the review is to involve an oral hearing, the notice of review must specify the date, time and location of the hearing.
[en. B.C. Reg. 83/2006, s. 4.]
7.6 The reviewer must give a written decision to the person who is the subject of the order, decision or amendment.
[en. B.C. Reg. 83/2006, s. 4.]
Division 3 — Procedures after Receipt of Request for Review under the Forest and Range Practices Act
8 Sections 9 to 15 apply to reviews under the Forest and Range Practices Act.
[am. B.C. Reg. 353/2004, s. 3.]
9 (1) The minister must acknowledge in writing any request for review or requirement for review.
(2) If a request for review is made under section 80 (1) of the Forest and Range Practices Act, the minister must give a copy of the request to the person who made the determination that is the subject of the request.
(3) If the board requires a review under section 81 (1) of the Forest and Range Practices Act, the minister must give a copy of the requirement for review to the following:
(a) for a review of a determination made under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 71 or 74 of the Forest and Range Practices Act,
(i) the person who made the determination that is the subject of the requirement, and
(ii) the person who is the subject of the determination;
(b) for a review of a determination with respect to the approval of a plan under sections 16 or 37 of the Forest and Range Practices Act, or the approval of an amendment to the plan,
(i) the holder of the plan or amendment, and
(ii) the person who made the determination.
(4) If the board requests a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or giving effect to, a forest development plan or range use plan or an amendment to either, the minister must give a copy of the request for review to
(a) the holder of the plan or amendment, and
(b) the person who made the determination.
[am. B.C. Reg. 353/2004, s. 4.]
10 (1) If a request for review does not comply with section 2 (1), the minister may give a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the submission to the minister of further material remedying the deficiencies.
[am. B.C. Reg. 83/2006, s. 5.]
11 (1) If the board's requirement for review or request for review does not comply with section 2 (2) (e) to (h), the minister may give a written notice of deficiencies to the board, inviting the board, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) A review may not proceed if the board's requirement for review does not comply with section 2 (2) (d).
(3) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the submission to the minister of further material remedying the deficiencies.
[am. B.C. Regs. 353/2004, s. 5; 83/2006, s. 6.]
12 If the board
(a) requires a review of a determination with respect to the approval of a plan under section 16 or 37 of the Forest and Range Practices Act, or
(b) requests a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either,
the agreement holder to which the plan or amendment relates is a party to the review.
[en. B.C. Reg. 353/2004, s. 6.]
13 (1) On receipt of a request or requirement for review, the minister must forward the request or requirement to
(a) the person who made the determination that is the subject of the request, or
(b) another person whom the minister, under subsection (2) of this section, or section 80 (1) of the Forest and Range Practices Act, designates to review the determination.
(2) For a request for review under section 214 (3) of the Forest and Range Practices Act, the minister may designate a person employed in the ministry to review the determination that is the subject of the request.
[en. B.C. Reg. 353/2004, s. 7; am. B.C. Reg. 83/2006, s. 7.]
14 (1) The reviewer must give a notice of review to
(a) the person who requested the review, or to the board if the board required or requested the review, and
(b) the persons referred to in section 9 (2) or (3).
(2) If the review is to involve an oral hearing, the notice of review must specify the date, time and location of the hearing.
[am. B.C. Reg. 353/2004, s. 8.]
15 The reviewer must give a written decision to
Division 4 — Procedures after Receipt of Request for Review under the Wildfire Act
15.1 Sections 15.2 to 15.7 apply to reviews under the Wildfire Act.
[en. B.C. Reg. 83/2006, s. 8.]
15.2 (1) The minister must acknowledge in writing any request for review or requirement for review.
(2) If a request for review is made under section 37 (1) of the Wildfire Act, the minister must give a copy of the request to the person who made the order that is the subject of the request.
(3) If the board requires a review under section 38 (1) of the Wildfire Act, the minister must give a copy of the requirement for review to the following:
(a) the person who made the order that is the subject of the requirement;
(b) the person who is the subject of the order.
[en. B.C. Reg. 83/2006, s. 8.]
15.3 (1) If a request for review does not comply with section 2 (1), the minister may give a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the submission to the minister of further material remedying the deficiencies.
[en. B.C. Reg. 83/2006, s. 8.]
15.4 (1) If the board's requirement for review does not comply with section 2 (2) (e) to (h), the minister may give a written notice of deficiencies to the board, inviting the board, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) A review may not proceed if the board's requirement for review does not comply with section 2 (2) (d).
(3) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the submission to the minister of further material remedying the deficiencies.
[en. B.C. Reg. 83/2006, s. 8.]
15.5 On receipt of a request or requirement for review, the minister must forward the request or requirement to
(a) the person who made the order that is the subject of the request, or
(b) another person whom the minister, under section 37 (1) of the Wildfire Act, designates to review the order.
[en. B.C. Reg. 83/2006, s. 8.]
15.6 (1) The reviewer must give a notice of review to
(a) the person who requested the review, or to the board if the board required the review, and
(b) the persons referred to in section 15.2 (2) or (3).
(2) If the review is to involve an oral hearing, the notice of review must specify the date, time and location of the hearing.
[en. B.C. Reg. 83/2006, s. 8.]
15.7 The reviewer must give a written decision to
(a) the person who is the subject of the order, and
[en. B.C. Reg. 83/2006, s. 8.]
Part 3 — Forest Appeals Commission Procedure
17 The prescribed period for the purpose of section 83 (2) (b) of the Forest and Range Practices Act is 6 months.
21 Within 30 days after receipt of the notice of appeal, the commission must
(a) determine whether the appeal is to be considered by members of the commission sitting as a commission or by members of the commission sitting as a panel of the commission,
(b) designate the panel members if the commission determines that the appeal is to be considered by a panel, and
(c) set the date, time and location of the hearing.
(d) Repealed. [B.C. Reg. 240/2015, App. 2, s. 3.]
[en. B.C. Reg. 83/2006, s. 13; am. B.C. Reg. 240/2015, App. 2, s. 3.]
23 (1) If a party is added to an appeal, the commission must promptly give written notice of the addition to the other parties and any interveners.
(2) If an intervener is invited or permitted to take part in the hearing of an appeal, the commission must promptly give written notice to the parties and any other interveners
(a) stating that the intervener has been invited or permitted to take part in the hearing, and
(b) specifying the extent to which the intervener will be permitted to participate.
[en. B.C. Reg. 240/2015, App. 2, s. 5.]
25 On application to the commission, a transcript of any proceedings before the commission or the panel of the commission must be prepared at the cost of the person requesting it or, if there is more than one applicant for the transcript, proportionately by all of the applicants.
26 The commission must serve, on the appellant and the minister, a decision in an appeal of a determination under section 146 (2) (b) of the Forest Act no later than 42 days after the final day of hearing.
[en. B.C. Reg. 240/2015, App. 2, s. 7.]
Part 4 — Annual Report of Forest Appeals Commission
27 (1) By April 30 of each year, the chair of the commission must submit the annual report for the immediately preceding calendar year required by section 140.3 (2) of the Forest and Range Practices Act.
(2) The annual report referred to in subsection (1) must contain
(a) the number of appeals initiated under the Forest Act, the Forest and Range Practices Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act, during the year,
(b) the number of appeals completed under the Forest Act, the Forest and Range Practices Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act, during the year,
(c) the resources used in hearing the appeals,
(d) a summary of the results of the appeals completed during the year,
(e) the annual evaluation referred to in section 140.3 (1) (b) of the Forest and Range Practices Act, and
(f) any recommendations referred to in section 140.3 (1) (c) of the Forest and Range Practices Act.
[am. B.C. Regs. 83/2006, s. 14; 240/2015, App. 2, s. 8.]
[Provisions relevant to the enactment of this regulation: Forest and Range Practices Act, S.B.C. 2002, c. 69, sections 141, 165, 166 and 167]
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