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Appeal Process

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.

Finally, in 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.

*For more information about administrative tribunals in British Columbia, preparing for a hearing and administrative law generally, see the information and short videos on the website titled “A Guide to Administrative Law in BC” produced by the Justice Education Society” at http://www.adminlawbc.ca/.
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