240/2015

O.C. 797/2015

December 18, 2015

Environmental Management Act; Administrative Tribunals Act

Environmental Appeal Board Procedure Regulation

Definitions

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

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 .

The board must deliver a notice of appeal to

the minister responsible for the administration of the Act,

the minister responsible for the administration of the enactment under

which the appeal arises, and

the official who made the appealed decision.

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

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

the parties, and

the minister responsible for the administration of the enactment under

which the appeal arises.

Transcripts

A person may request a transcript of any proceedings before the board or a

panel.

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]