A basic overview of the appeal process is
shown on this flow chart.
Some aspects of the
appeal process are set out in
Part 8 of the Environmental Management Act
and in the
Environmental Appeal Board Procedure Regulation.
Section 93.1 of the Environmental Management Act
identifies additional powers and procedures from the
Administrative Tribunals Act that apply to the
Board. One of those additional powers given to the Board
in the Administrative Tribunals Act is the power
to make Rules governing the appeal process. The Board
has done so, and issued its first Rules in 2016.
To assist parties and participants in the appeal
process, the Board has created a comprehensive Practice
and Procedure Manual. The Manual 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 Information Sheets on specific topics, including
“How to Start an Appeal” under each statute. It has also
created a “Notice of Appeal” form.
accordance with section 12 of the Administrative
Tribunals Act, the Board has issued a Practice
Directive setting out the general time frames for
holding a hearing and for issuing decisions.