Interpretation

1In this regulation:

"Act" means the Environmental Management Act;

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

"chairman" means the chairman of the board;

"minister" means the minister responsible for administering the Act under which the appeal arises;

"objector" in relation to an appeal to the board means a person who, under an express provision in another enactment, had the status of an objector in the matter from which the appeal is taken.

[am. B.C. Regs. 280/94, s. 1; 109/2002, s. 6 (a); 321/2004, s. 8 (a).]

Application

2This regulation applies to all appeals to the board.

Appeal practice and procedure

3(1)  Every appeal to the board shall be taken within the time allowed by the enactment that authorizes the appeal.

(2)  Unless otherwise directed under the enactment that authorizes the appeal, an appellant shall give notice of the appeal by mailing a notice of appeal by registered mail to the chairman, or leaving it for him during business hours, at the address of the board.

(3)  A notice of appeal shall contain the name and address of the appellant, the name of counsel or agent, if any, for the appellant, the address for service upon the appellant, grounds for appeal, particulars relative to the appeal and a statement of the nature of the order requested.

(4)  The notice of appeal shall be signed by the appellant, or on his behalf by his counsel or agent, for each action, decision or order appealed against and the notice shall be accompanied by a fee of $25, payable to the minister charged with the administration of the Financial Administration Act.

(5)  Where a notice of appeal does not conform to subsections (3) and (4), the chairman may by mail or another method of delivery return the notice of appeal to the appellant together with written notice

(a)stating the deficiencies and requiring them to be corrected, and

(b)informing the appellant that under this section the board shall not be obliged to proceed with the appeal until a notice or amended notice of appeal, with the deficiencies corrected, is submitted to the chairman.

(6)  Where a notice of appeal is returned under subsection (5) the board shall not be obliged to proceed with the appeal until the chairman receives an amended notice of appeal with the deficiencies corrected.

[am. B.C. Regs. 327/85; 118/87, s. 1; 280/94, s. 2; 321/2004, s. 8 (b).]

Procedure following receipt of notice of appeal

4(1)  On receipt of a notice of appeal, or, in a case where a notice of appeal is returned under section 3 (5), on receipt of an amended notice of appeal with the deficiencies corrected, the chairman shall immediately acknowledge receipt by mailing or otherwise delivering an acknowledgment of receipt together with a copy of the notice of appeal or of the amended notice of appeal, as the case may be, to the appellant, the minister’s office, the official from whose decision the appeal is taken, the applicant, if he is a person other than the appellant, and any objectors.

(2)  The chairman shall within 60 days of receipt of the notice of appeal or of the amended notice of appeal, as the case may be, determine whether the appeal is to be decided by members of the board sitting as a board or by members of the board sitting as a panel of the board and the chairman shall determine whether the board or the panel, as the case may be, will decide the appeal on the basis of a full hearing or from written submissions.

(3)  Where the chairman determines that the appeal is to be decided by a panel of the board, he shall, within the time limited in subsection (2), designate the panel members and,

(a)if he is on the panel, he shall be its chairman,

(b)if he is not on the panel but a vice chairman of the board is, the vice chairman shall be its chairman, or

(c)if neither the chairman nor a vice chairman of the board is on the panel, the chairman shall designate one of the panel members to be the panel chairman.

(4)  Within the time limited in subsection (2) the chairman shall, where he has determined that a full hearing shall be held, set the date, time and location of the hearing of the appeal and he shall notify the appellant, the minister's office, the Minister of Health if the appeal relates to a matter under the Health Act, the official from whose decision the appeal is taken, the applicant, if he is a person other than the appellant, and any objectors.

(5)  Repealed. [B.C. Reg. 118/87, s. 2.]

[am. B.C. Regs. 118/87, s. 2; 280/94, s. 3; 109/2002, s. 6 (b).]

Quorum

5(1)  Where the members of the board sit as a board, 3 members, one of whom must be the chairman or vice chairman, constitute a quorum.

(2)  Where members of the board sit as a panel of one, 3 or 5 members, then the panel chairman constitutes a quorum for the panel of one, the panel chairman plus one other member constitutes the quorum for a panel of 3 and the panel chairman plus 2 other members constitutes the quorum for a panel of 5.

Order or decision of the board or a panel

6Where the board or a panel makes an order or decision with respect to an appeal, written reasons shall be given for the order or decision and the chairman shall, as soon as practical, send a copy of the order or decision accompanied by the written reasons to the minister and the parties.

[am. B.C. Regs. 280/94, s. 4; 109/2002, s. 6 (c).]

Written briefs

7Where the chairman has decided that a full hearing shall be held, the chairman in an appeal before the board, or the panel chairman in an appeal before a panel, may require the parties to submit written briefs in addition to giving oral evidence.

[en. B.C. Reg. 118/87, s. 3.]

Public hearings

8Hearings before the board or a panel of the board shall be open to the public.

Recording the proceedings

9(1)  Where a full hearing is held, the proceedings before the board or a panel of the board shall be taken using shorthand or a recorder, by a stenographer appointed by the chairman, for a hearing before the board, or by the panel chairman, for a hearing before the panel.

(2)  Before acting, a stenographer who takes the proceedings before the board or a panel shall make oath that he shall truly and faithfully report the evidence.

(3)  Where proceedings are taken as provided in this section by a stenographer so sworn, then it is not necessary that the evidence be read over to, or be signed by, the witness, but it is sufficient that the transcript of the proceedings be

(a)signed by the chairman or a member of the board, in the case of a hearing before the board, or by the panel chairman or a member of the panel, in the case of a hearing before the panel, and

(b)be accompanied by an affidavit of the stenographer that the transcript is a true report of the evidence.

[am. B.C. Reg. 118/87, s. 4.]

Transcripts

10On application to the chairman or panel chairman, as the case may be, a transcript of the proceedings, if any, before the board or the panel of the board shall be prepared at the cost of the person requesting it or, where there is more than one applicant for the transcript, by all of the applicants on a pro rata basis.

[am. B.C. Reg. 118/87, s. 5.]

Representation before the board

11Parties appearing before the board or a panel of the board may represent themselves personally or be represented by counsel or agent.