Effective June 21, 2007, the Inquiry Act, R.S.B.C. 1996, c. 224 was repealed.  At the same time, a new enactment, the Public Inquiry Act, S.B.C. 2007, c. 9 came into force.  These changes have some impact on the powers of the Environmental Appeal Board.

The Board derived its power to summon witnesses, its contempt powers and its immunity provision from the Inquiry Act.  With the repeal of the Inquiry Act, the Board no longer has these powers.  However, the Public Inquiry Act amended section 93(11) of the Environmental Management Act, giving the Board powers under sections 34(3) and (4), 48, 49 and 56 of the Administrative Tribunal Act.  These sections give the Board the power to compel witnesses and order document disclosure, to maintain order at hearings, to apply to the court for contempt proceedings and to provide immunity for the tribunal and its members.

The Board’s Procedure Manual has been revised to reflect these changes.

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