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Content Changes 2016


NEW RULES

Pursuant to its new statutory powers under section 11 of the Administrative Tribunals Act, the Environmental Appeal Board has made a set of Rules governing the appeal process. The Rules take effect on Friday, July 1, 2016. They apply to all new appeals, and all existing appeals to the extent possible.

The Rules do not change the usual way that an appeal proceeds and, in a number of instances, simply formalize something as a Rule that was previously a policy set out in the Board’s Procedure Manual. However, there are a number of new subjects covered by the Rules and some new deadlines that are important to note.

New deadlines

There is a new Rule stating how to calculate time in the Rules, and new deadlines have been established for the following:

  • notice of expert evidence and expert reports;

  • applying for a summons (order to attend as a witness) notice advance of the hearing; and

  • requesting an interpreter, assistance for the visually or hearing impaired, or other accommodation to enable meaningful participation at a hearing.

General provisions

There are new requirements in the Rules on the following subjects: filing documents with the Board by email, service of documents on other parties; applications; consequences for failure to participate in a hearing; and the payment of a summoned witness’s fees and expenses. The Board has also issued a Practice Directive respecting the usual period of time for holding a hearing and for issuing a final decision.

NEW PRACTICE AND PROCEDURE MANUAL and INFORMATION SHEETS

A new comprehensive Practice and Procedure Manual has been created which explains the appeal process in detail and cites the legislation and/or Rule that may apply to a subject and any Board policy relevant to that subject. The Board has also created a new series of Information Sheets on discrete topics. These sheets supplement the topics covered in the Procedure Manual.

The Rules, Practice and Procedure Manual and Information Sheets may be found on the Board’s website at www.eab.gov.bc.ca, under the general heading “Appeal Process”.


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