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1997 Legislative Session: 2nd Session,

36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 17th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE CATHY McGREGOR

MINISTER OF ENVIRONMENT,

LANDS AND PARKS

BILL 14 – 1997

ENVIRONMENT, LANDS AND PARKS

STATUTES AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Commercial River Rafting Safety Act

Section 6 (2) of the Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 56, is repealed

and the following substituted:

(2) Section 40 (2) to (7) of the Water Act applies to an appeal under subsection (1).

Environment Management Act

Section 11 of the Environment Management Act, R.S.B.C. 1996, c. 118, is amended by

adding the following subsections:

(14.1) The appeal board may require the appellant to deposit with it an amount of money

it considers sufficient to cover all or part of the anticipated costs of the respondent

and the anticipated expenses of the appeal board in connection with the appeal.

(14.2) In addition to the powers referred to in subsection (2) but subject to the regulations, the appeal board may make orders for payment as follows:

(

a) requiring a party to pay all or part of the costs of another party in connection

with the appeal, as determined by the appeal board;

(

b) if the appeal board considers that the conduct of a party has been vexatious,

frivolous or abusive, requiring the party to pay all or part of the expenses of

the appeal board in connection with the appeal.

(14.3) An order under subsection (14.2) may include directions respecting the

disposition of money deposited under subsection (14.1).

(14.4) If a person or body given full party status under subsection (12) is an agent or

representative of the government,

(

a) an order under subsection (14.2) must not be made for or against the person

or body, and

(

b) an order under subsection (14.2) (

a) may instead be made for or against the

government.

(14.5) The costs required to be paid by the government under an order under subsection

(14.4) (

b) must be paid out of the consolidated revenue fund.

Section 15 (2) is amended by adding the following paragraph:

(

c) establishing restrictions on the authority of the board under

section 11

(14.1) to (14.4) including, without limiting this,

(

i) prescribing limits, rates and tariffs relating to amounts that may be

required to be paid or deposited, and

(ii) prescribing what are to be considered costs to the government in

relation to an appeal and how those are to be determined.

Land Act

Section 7 of the Land Act, R.S.B.C. 1996, c. 245, is amended

(

a) by repealing subsection (2) and substituting the following:

(2) The minister is responsible for the security and maintenance of the registry. , and

(

b) by repealing subsection (4) and substituting the following:

(4) Every ministry of the government must record in the registry all Crown lands

under its administration, and the acquisition in fee simple and disposition of those

lands, in a manner acceptable to the minister.

Pesticide Control Act

Section 1 of the Pesticide Control Act, R.S.B.C. 1996, c. 360, is amended

(

a) by repealing the definition of "board" and substituting the following:

"appeal board" means the Environmental Appeal Board

established under the Environment Management Act ; ,

(

b) by repealing the definition of "pesticide" and substituting the following:

"pesticide" means a micro-organism or material that is represented, sold, used or

intended to be used to prevent, destroy, repel or mitigate a pest, and includes

(

a) a plant growth regulator, plant defoliator or plant desiccant,

(

b) a control product under the Pest Control Products Act (Canada), other than

a device that is a control product, and

(

c) a substance that is classified as a pesticide by regulation; ,

(

c) by repealing the definition of "restricted use pesticide" , and

(

d) by adding the following

definitions:

"integrated pest management" means a decision making process that uses a

combination of techniques to suppress pests and that must include but is not

limited to the following elements:

(

a) planning and managing ecosystems to prevent organisms from becoming

pests;

(

b) identifying potential pest problems;

(

c) monitoring populations of pests and beneficial organisms, pest damage and

environmental conditions;

(

d) using injury thresholds in making treatment decisions;

(

e) reducing pest populations to acceptable levels using strategies that may

include a combination of biological, physical, cultural, mechanical,

behavioural and chemical controls;

(

f) evaluating the effectiveness of treatments;

"pest management plan" means a plan that describes

(

a) a program for controlling pests or reducing pest damage using integrated

pest management, and

(

b) the methods of handling, preparing, mixing, applying and otherwise using

pesticides within the program; .

6 Sections 4 to 6 are repealed and the following substituted:

Licence required to sell pesticides

(1) Except as provided in the regulations, a person who does not hold a licence must

not

(

a) carry on, or represent that the person is available to carry on, the business

of selling pesticides, applying pesticides or providing any service

respecting pesticides, or

(

b) purchase, directly or indirectly, a pesticide for the purpose of selling it to

any other person.

(2) An application for a licence must

(

a) be made to the administrator,

(

b) be in the form required by the administrator,

(

c) contain the information prescribed by regulation and any other information

required by the administrator, and

(

d) be accompanied by the applicable fee established by regulation.

(3) The administrator may

(

a) issue a licence if satisfied that the applicant meets the prescribed requirements, and

(

b) include requirements, restrictions and conditions as terms of the licence.

Certificate required to sell or apply pesticide

(1) Except as provided in the regulations, a person who does not hold a certificate

must not sell or apply a pesticide.

(2) An application for a certificate must

(

a) be made to the administrator or a person authorized under subsection (4),

(

b) be in the form required by the administrator,

(

c) contain the information prescribed by regulation and any other information

required by the administrator, and

(

d) be accompanied by the applicable fee established by regulation.

(3) The administrator or a person authorized under subsection (4) may

(

a) issue a certificate if satisfied that the applicant meets the prescribed requirements, and

(

b) include requirements, restrictions and conditions as terms of the certificate.

(4) The administrator may authorize persons to issue certificates and to establish

terms for those certificates, subject to the requirements, restrictions and

conditions relating to this authority established by the administrator.

Pesticide must be applied in accordance

with permit or approved plan

(1) Except as provided in the regulations, a person must not apply a pesticide to a

body of water or an area of land unless the person

(

a) holds a permit or approved pest management plan, and

(

b) applies the pesticide in accordance with the terms of the permit or approved

pest management plan.

(2) An application for a permit or the approval of a pest management plan must

(

a) be made to the administrator,

(

b) be in the form required by the administrator,

(

c) contain the information prescribed by regulation and any other information

required by the administrator, and

(

d) be accompanied by the applicable fee established by regulation.

(3) The administrator

(

a) may issue a permit or approve a pest management plan if satisfied that

(

i) the applicant meets the prescribed requirements, and

(ii) the pesticide application authorized by the permit or plan will not

cause an unreasonable adverse effect, and

(

b) may include requirements, restrictions and conditions as terms of the permit

or pest management plan.

Additional terms for licences, certificates, permits and plans

6.1 A licence, certificate, permit or approved pest management plan is subject to its terms

and to those terms prescribed by regulation.

Section 8 is repealed.

Section 10 is repealed and the following substituted:

Seizure and prevention order

10 If a person authorized under

section 9 considers that this Act, the regulations or a

provision in a licence, permit, certificate or approved pest management plan is being

contravened, the person may

(

a) seize any pesticide, equipment or record that is the subject matter of the

contravention, and

(

b) serve on the person who is responsible for the contravention a written notice

of the contravention ordering that person to do the things the authorized

person recommends to prevent a similar or further contravention.

Section 12 (2) is amended by adding the following paragraph:

(b.1) suspend, amend, revoke or refuse to approve a pest management plan; .

Section 13 is repealed and the following substituted:

Suspension and revocation

(1) The administrator may revoke, or suspend for the time the administrator

considers appropriate, a licence, permit, certificate or approved pest management

plan if the administrator considers

(

a) that this Act, a regulation or a term of the licence, permit, certificate or pest

management plan is not being complied with, or

(

b) that the holder is applying, has applied or is handling a pesticide in a manner

that is likely to cause or has caused an unreasonable adverse effect.

(2) If the administrator revokes or suspends a licence, permit, certificate or approved

pest management plan, the administrator may restrict, for the time the administrator considers appropriate, the holder's right to apply for another licence, permit

or certificate or to apply for approval of another pest management plan.

(3) If a licence, permit, certificate or approved pest management plan is revoked or

suspended, the holder must deliver it immediately to the administrator.

Section 14 is repealed.

Section 15 is repealed and the following substituted:

Appeals to Environmental Appeal Board

(1) For the purpose of this section, "decision" means an action, decision or order.

(2) Any person may appeal a decision of the administrator under this Act, or of any

other person under this Act, to the appeal board.

(3) The time limit for commencing an appeal is the time limit prescribed by

regulation.

(4) An appeal under this

section

(

a) must be commenced by notice of appeal in accordance with the practice,

procedure and forms prescribed by regulation under the Environment

Management Act, and

(

b) subject to this Act, must be conducted in accordance with the Environment

Management Act and the regulations under that Act.

(5) For the purposes of an appeal under this section, if a notice under this Act is sent

by registered mail to the last known address of a person, the notice is conclusively

deemed to be served on the person to whom it is addressed on

(

a) the 14th day after the notice was deposited with Canada Post, or

(

b) the date on which the notice was actually received by the person, whether

by mail or otherwise,

whichever is earlier.

(6) The appeal board may conduct an appeal by way of a new hearing.

(7) On an appeal, the appeal board may

(

a) send the matter back to the person who made the decision being appealed,

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 board considers appropriate in the circumstances.

(8) An appeal does not act as a stay or suspend the operation of the decision being

appealed unless the appeal board orders otherwise.

Section 17 (2) (

b) is amended by striking out "board." and substituting "appeal board."

Section 21 is amended by striking out "board" and substituting "appeal board" .

Section 22 (1) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) contravenes

section 4 (1), 5 (1), 6 (1), 7 or 18 (1); , and

(

b) by striking out "board" wherever it appears and substituting "appeal board" .

Section 24 is repealed and the following substituted:

Power to make regulations

(1) The Lieutenant Governor in Council may make

regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) classifying substances as pesticides;

(

b) specifying and defining what constitutes an unreasonable adverse effect in

particular or general circumstances;

(

c) respecting the manner in which a pesticide is to be contained, transported,

stored, prepared, mixed, applied or sold;

(

d) prescribing the conditions for the disposal of a pesticide and equipment or

a container used to store, prepare, mix or apply a pesticide;

(

e) prescribing the records to be maintained by a person or class of persons who

stores, prepares, mixes, applies, transports, sells or disposes of a pesticide;

(

f) requiring that a person or class of persons referred to in paragraph (

e) be

bonded under the Bonding Act subject to terms the Lieutenant Governor in

Council considers appropriate;

(

g) establishing requirements and standards of competence for a person to

obtain a licence, certificate, permit or approval of a pest management plan;

(

h) respecting criteria for granting licences, certificates and permits and for

approving pest management plans;

(

i) respecting the terms of licences, certificates, permits and approved pest

management plans;

(

j) prescribing requirements, standards and practices for pesticide monitoring;

(

k) establishing requirements and standards of competence for a person

training others in the application of pesticides;

(

l) exempting a person, class of persons, body of water or land area from this

Act if the application of the Act may be unnecessarily restrictive;

(

m) establishing the time limit for commencing an appeal under

section 15;

(

n) prescribing fees for applications, examinations and training programs

required by or under the Act;

(

o) prescribing fees to be paid in respect of services provided by the

government relating to the assessment of an application for a permit or

approval of a pest management plan;

(

p) requiring those persons who hold licences to sell pesticides to participate in

a program for the management of residual pesticides and, in relation to this,

(

i) establishing requirements for the program, and

(ii) prohibiting persons from selling pesticides unless they comply with

the regulations relating to the program;

(

q) for any other purpose for which regulations are contemplated by this Act.

(3) Regulations under subsection (2) may be different for different classes of

pesticide as established by the regulations.

(4) Regulations under subsection (2) (

p) may be different for different areas of

British Columbia.

(5) A regulation under subsection (2) may delegate to the administrator those powers

and functions that the Lieutenant Governor in Council considers desirable,

including authorizing the administrator to determine matters that are otherwise

contemplated by this Act to be established by regulation.

Waste Management Act

17 The Waste Management Act, R.S.B.C. 1996, c. 482, is amended by adding the following

section:

Spill response actions

12.1

(1) In this section:

"spill" means the introduction of a substance into the environment, whether

intentional or unintentional, otherwise than as authorized under this Act;

"spill response actions" means actions carried out by the government under

subsection (2).

(2) If an officer considers that

(

a) a spill that has occurred may pose a hazard to health or the environment, or

that there is an imminent threat of a spill that may pose such a hazard, and

(

b) action is necessary to address the hazard or threat,

the government may carry out actions to assess, monitor, prevent, stabilize,

contain, remove, clean up, evacuate persons from the area of or otherwise address

the perceived hazard or threat.

(3) Spill response actions may be carried out anywhere and, without limiting this, a

person acting on behalf of the government may enter on private property for the

purpose of carrying out those actions.

(4) If the government carries out spill response actions, a manager may,

(

a) subject to the regulations, issue a certificate

(

i) setting out the reasonable costs of the spill response actions,

(ii) identifying one or more persons who had possession, charge or

control of the substance referred to in subsection (2), and

(iii) specifying all or part of those costs as being payable by one or more

of the persons identified in the certificate, and

(

b) by serving notice of the certificate on a person identified in it, require the

person to pay all or part of the costs as specified in the certificate.

(5) Subject to the regulations, a certificate under subsection (4)

(

a) may apportion the costs to be paid among the persons who had possession,

charge or control of the substance referred to in subsection (2), and

(

b) may specify that 2 or more of the persons identified in the certificate are

jointly and severally liable to pay all or a portion of the costs.

(6) If notice of a certificate is served under subsection (4) (b),

(

a) the amount certified as being payable by a person is a debt due to the

government by the person, and

(

b) if the certificate is filed in the Supreme Court, it has the same effect and is

subject to the same proceedings as a judgment of the court for the recovery

of a debt in the amount stated in the certificate against the person named in

it.

Section 13 (3) is repealed and the following substituted:

(3) If a permit or approval is subject to conditions imposed pursuant to a decision

made in an appeal to the appeal board under

Part 7, those conditions must not be

amended except

(

a) by the appeal board, and

(

b) after the appeal board has given the parties an opportunity to be heard on the

question of whether the conditions should be amended.

Section 36 is repealed and the following substituted:

Suspension or cancellation of permits and approvals

(1) Subject to this section, the minister or a manager may, by notice served on the

holder of a permit or approval,

(

a) suspend the permit or approval for any period, or

(

b) cancel the permit or approval.

(2) A notice served under subsection (1) must state the time at which the suspension

or cancellation is to take effect.

(3) The authority conferred by subsection (1) may be exercised by the minister in any

of the following circumstances:

(

a) a holder of a permit

(

i) fails to complete construction of works specified in the permit within

the time specified in the permit or, if no time is specified in the

permit, within 3 years after issuance of the permit, or

(ii) does not exercise any rights under the permit for a period of 3 years;

(

b) a holder of a permit or approval fails to pay money owing to the government

under the permit or approval;

(

c) a holder of a permit or approval fails to comply with the terms of the permit

or approval;

(

d) a holder of a permit or approval fails to comply with an order issued under

this Act and related to the subject matter of the permit or approval;

(

e) a holder of a permit or approval or the holder's agent has made or makes a

material misstatement or misrepresentation in the application for the permit

or approval or in the information required under this Act or the regulations

with respect to the permit or approval;

(

f) a holder of a permit or approval fails to comply with any other requirements

of this Act or the regulations;

(

g) a permit or approval conflicts with or is replaced by a waste management

plan approved by the minister;

(

h) a permit or approval is replaced by a regulation;

(

i) a permit or approval is not, in the opinion of the minister, in the public

interest.

(4) The authority conferred by subsection (1) may be exercised by a manager in any

of the circumstances referred to in subsection (3) (a), (b), (

g) and (h).

(5) In addition to the authority conferred by subsection (1), a manager may, without

notice to the holder,

(

a) suspend a permit or approval for the length of time requested if the holder

requests that the permit or approval be suspended, or

(

b) cancel a permit or approval if the holder of the permit or approval

(

i) dies,

(ii) is a corporation that is struck off the register under the Company Act

or is dissolved,

(iii) is a partnership that is dissolved,

(iv) requests that the permit or approval be cancelled, or

(

v) has given notice of abandonment under

section 16.

(6) For certainty, a permit or approval that is suspended or cancelled is not a valid

and subsisting permit or approval.

Part 7 is repealed and the following substituted:

Part 7 – Appeals

Definition of "decision"

43 For the purpose of this Part, "decision" means

(

a) the making of an order,

(

b) the imposition of a requirement,

(

c) an exercise of a power,

(

d) the issue, amendment, renewal, suspension, refusal or cancellation of a

permit, approval or operational certificate, and

(

e) the inclusion in any order, permit, approval or operational certificate of any

requirement or condition.

Appeals to Environmental Appeal Board

(1) Subject to this Part, a person aggrieved by a decision of a manager, director or

district director may appeal the decision to the appeal board.

(2) Nothing in this

section is to be construed as applying in respect of a decision

made by the minister under this Act or by the Lieutenant Governor in Council.

Time limit for commencing appeal

45 The time limit for commencing an appeal is 30 days after notice of the decision being

appealed is given

(

a) to the person subject to the decision, or

(

b) in accordance with the regulations.

Procedure on appeals

(1) An appeal under this Part

(

a) must be commenced by notice of appeal in accordance with the practice,

procedure and forms prescribed by regulation under the Environment

Management Act, and

(

b) subject to this Act, must be conducted in accordance with the E nvironment

Management Act and the regulations under that Act.

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

Powers of appeal board in deciding appeal

47 On an appeal, 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 board considers appropriate in the circumstances.

Appeal does not operate as stay

48 An appeal taken under this Act does not operate as a stay or suspend the operation of

the decision being appealed unless the appeal board orders otherwise.

Section 51 is repealed and the following substituted:

Service of notice

(1) A notice of a decision or order under this Act may be served on a person by

registered mail sent to the last known address of the person.

(2) Any notice under this Act may be given by registered mail sent to the last known

address of the person.

(3) If a notice under this Act is sent by registered mail to the last known address of

the person, the notice is conclusively deemed to be served on the person to whom

it is addressed on

(

a) the 14th day after the notice was deposited with Canada Post, or

(

b) the date on which the notice was actually received by the person, whether

by mail or otherwise,

whichever is earlier.

Section 57 is amended

(

a) by repealing subsection (3) (

n) and substituting the following:

(

n) respecting how notice of a decision may be given for the purposes of

section 45 (b); , and

(

b) in subsection (3) by adding the following paragraph:

(p.1) in relation to

section 12.1,

(

i) respecting the determination of reasonable costs of spill response

actions under that section, and

(ii) respecting the apportionment of reasonable costs of spill response

actions among persons who may be liable to pay those costs; .

Water Act

Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended by adding the following

definition:

"appeal board" means the Environmental Appeal Board

established under the Environment Management Act ; .

Section 40 is repealed and the following substituted:

Appeals to Environmental Appeal Board

(1) An order of the comptroller, the regional water manager or an engineer may be

appealed to the Environmental Appeal Board established under the Environment

Management Act by

(

a) the person who is subject to the order,

(

b) an owner whose land is or is likely to be physically affected by the order, or

(

c) a licensee, riparian owner or applicant for a licence who considers that their

rights are or will be prejudiced by the order.

(2) The time limit for commencing an appeal is 30 days after notice of the order

being appealed is given

(

a) to the person subject to the order, or

(

b) in accordance with the regulations.

(3) For the purposes of an appeal, if a notice under this Act is sent by registered mail

to the last known address of a person, the notice is conclusively deemed to be

served on the person to whom it is addressed on

(

a) the 14th day after the notice was deposited with Canada Post, or

(

b) the date on which the notice was actually received by the person, whether

by mail or otherwise,

whichever is earlier.

(4) An appeal under this

section

(

a) must be commenced by notice of appeal in accordance with the practice,

procedure and forms prescribed by regulation under the Environment

Management Act, and

(

b) subject to this Act, must be conducted in accordance with the Environment

Management Act and the regulations under that Act.

(5) The appeal board may conduct an appeal by way of a new hearing.

(6) On an appeal, the appeal board may

(

a) send the matter back to the comptroller, regional water manager or engineer,

with directions,

(

b) confirm, reverse or vary the order being appealed, or

(

c) make any order that the person whose order is appealed could have made,

and that the board considers appropriate in the circumstances.

(7) An appeal does not act as a stay or suspend the operation of the order being

appealed unless the appeal board orders otherwise.

Section 46 (2) is amended by adding the following paragraph:

(

k) how notice of a decision may be given for the purposes of

section 40 (2) (b).

Wildlife Act

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding the

following definition:

"appeal board" means the Environmental Appeal Board established under the

Environment Management Act ; .

Section 61 (2) is repealed and the following substituted:

(2) A person, in respect of whose licence or certificate a hearing is to be held, must

be given reasonable notice of the time and place for the hearing.

(2.1) Notice required by subsection (2) may be given in accordance with

section 101 (3).

Section 101 is repealed and the following substituted:

Reasons for and notice of decisions

(1) The regional manager or the director, as applicable, must give written reasons for

a decision that affects

(

a) a licence, permit, registration of a trapline or guide outfitter's certificate

held by a person, or

(

b) an application by a person for anything referred to in paragraph (a).

(2) Notice of a decision referred to in subsection (1) must be given to the affected

person.

(3) Notice required by subsection (2) may be by registered mail sent to the last known

address of the person, in which case, the notice is conclusively deemed to be

served on the person to whom it is addressed on

(

a) the 14th day after the notice was deposited with Canada Post, or

(

b) the date on which the notice was actually received by the person, whether

by mail or otherwise,

whichever is earlier.

Appeals to Environmental Appeal Board

101.1

(1) The affected person referred to in

section 101 (2) may appeal the decision to the

Environmental Appeal Board established under the Environment Management

Act.

(2) The time limit for commencing an appeal is 30 days after notice is given

(

a) to the affected person under

section 101 (2), or

(

b) in accordance with the regulations.

(3) An appeal under this

section

(

a) must be commenced by notice of appeal in accordance

with the practice, procedure and forms prescribed by regulation under the Environment

Management Act , and

(

b) subject to this Act, must be conducted in accordance with the Environment

Management Act and the regulations under that Act.

(4) The appeal board may conduct an appeal by way of a new hearing.

(5) On an appeal, the appeal board may

(

a) send the matter back to the regional manager or director, 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 board considers appropriate in the circumstances.

(6) An appeal taken under this Act does not operate as a stay or suspend the operation

of the decision being appealed unless the appeal board orders otherwise.

Section 108 (2) (

r) is repealed and the following substituted:

(

r) respecting how notice of a decision may be given for the purposes of

section

101.1 (2) (b); .

Consequential Amendment

Section 44 of the Pesticide Control Act Regulation, B.C. Reg. 319/81, is amended

(

a) in subsection (1) (a) (

i) and (ii) by striking out "licences and permits" and substituting

"licences, permits and pest management plans" ,

(

b) in subsection (1) (

b) by striking out "permit requirements" and substituting "permit

and pest management plan requirements" , and

(

c) in subsections (3) and (4) by striking out "certification, licensing and permit requirements" and substituting "certification, licensing, permit and pest management plan

requirements" .

Transitional

Transitional – appeals

(1) Despite the amendments made by this Act, the following apply for the purposes

of transition:

(

a) in relation to decisions under the Pesticide Control Act made before

section 11 of this Act came into force, that Act as it read before that

amendment applies in relation to appeals of those decisions;

(

b) in relation to decisions under the Waste Management Act made before

section 20 of this Act came into force, that Act as it read before that

amendment applies in relation to appeals of those decisions;

(

c) in relation to decisions under the Water Act made before

section 24 of this

Act came into force, that Act as it read before that amendment applies in

relation to appeals of those decisions;

(

d) in relation to decisions under the Wildlife Act made before

section 28 of this

Act came into force, that Act as it read before that amendment applies in

relation to appeals of those decisions.

(2) The Environmental Appeal Board may not exercise powers under

section 11

(14.1) to (14.4) of the Environment Management Act in relation to appeals to that

board that were commenced before those provisions came into force.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada