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B.C. Reg. 240/2015
O.C. 797/2015
Deposited December 18, 2015
This consolidation is current to May 21, 2024.

Environmental Management Act; Administrative Tribunals Act

Environmental Appeal Board Procedure Regulation

Definitions

1   In this regulation:

"Act" means the Environmental Management Act;

"appealed decision" means an action, decision or order that is the subject of an appeal to the board;

"board" means the Environmental Appeal Board established under the Act;

"notice of appeal" means a notice a person is required, under an enactment or rule, to give in order to begin an appeal to the board.

Notice of appeal

2   (1) A notice of appeal must be accompanied by a fee, in the amount of $25 for each appealed decision, payable to the minister responsible for the administration of the Financial Administration Act.

(2) The board must deliver a notice of appeal to

(a) the minister responsible for the administration of the Act,

(b) the minister responsible for the administration of the enactment under which the appeal arises, and

(c) the official who made the appealed decision.

(3) For certainty, nothing in this section affects the power of the board to make rules requiring that a notice of appeal be delivered to persons in addition to those enumerated in subsection (2).

Providing reasons for orders or decisions

3   The board must provide an order or decision, other than an unwritten order or decision made in the course of a hearing, and any reasons for the order or decision to

(a) the parties, and

(b) the minister responsible for the administration of the enactment under which the appeal arises.

Transcripts

4   (1) A person may request a transcript of any proceedings before the board or a panel.

(2) A person who makes a request under subsection (1) must pay the cost of preparing the transcript.

[Provisions relevant to the enactment of this regulation: Environmental Management Act, S.B.C. 2003 c. 53, section 93.1 (1) (k); Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 60]