Filing an Appeal under the
Wildlife Act
(Section 101)
Who may commence an appeal?
A person affected by a decision regarding a licence, permit, registration of a
trapline or guide outfitter's certificate or an application for any of the
above.
How do I appeal?
A notice of appeal must be received by the Board within 30 days of receipt of
the decision. It must be accompanied by a $25 cheque, bank draft or money order,
payable to the Minister of Finance and Corporate Relations. The Board does not
have discretion to waive the appeal fee.
What does a notice of appeal contain?
There is no notice of appeal form. The notice of appeal must be signed by the
appellant or on behalf of the appellant and must include:
The Board also requests that a copy of the decision
being appealed be provided, if possible.
What happens if the notice of appeal is not complete?
The Board will send a letter explaining the deficiencies. Until they are
corrected, the Board is not obliged to proceed with the appeal.
Does the appeal mean the decision does not take effect until the Board
decides the appeal?
No, an appeal does not “stay” the original decision unless a request is made to
the Board. The Board will then decide whether or not to grant the stay. Can
I get involved in an existing appeal?
If you are affected by the decision the Board may
provide you with the opportunity to be added as a third
party to the appeal. This would give you the right to
present evidence and participate fully in the hearing.
How does the Board hear an appeal?
The Board has wide discretion in deciding how to hear an appeal. The Board may
hear an appeal in panels of one or more members. An appeal may be conducted by
way of written submissions, oral hearing or a combination of both.
A written hearing will involve written submissions being made by all parties,
followed by an opportunity for parties to comment on the submissions and
evidence provided by the other parties.
At an oral hearing each party will have a chance to present evidence and
submissions, call and cross-examine witnesses, and explain their case to the
Board.
Regardless of the type of hearing conducted, the Board is required by the courts
to follow the “rules of natural justice”. Each party to the appeal will be given
a fair chance to present their case. The Board will decide each appeal on its
individual merits.
Do I need a lawyer?
No, but parties to an appeal may use one if they wish.
When will I be informed of the Board's decision?
The Board will not normally make a decision at the end of the hearing. Instead,
in the case of both an oral and written hearing, the final decision will be
given in writing, with reasons, following the hearing.
What type of decision can the Board make?
The Board may confirm, vary or rescind the decision being appealed; send the
matter back to the regional manager or director, with directions; or make any
decision that the person whose decision is appealed could have made.
The Board may also require a party to pay all or part of the costs of another
party and/or the Board.
What is the Environmental Appeal Board?
The Environmental Appeal Board is established under section 11 of the
Environment Management Act. It is an independent tribunal which hears
appeals from administrative decisions made under six statutes. They are the
Health Act, the Pesticide Control Act, the Waste Management
Act, the Water Act, the Wildlife Act and the
Commercial River Rafting Safety Act.
Members of the Environmental Appeal Board are appointed by the Lieutenant
Governor in Council (Cabinet). The members bring with them a wide range of
backgrounds and perspectives.
This pamphlet addresses how to file an appeal with the Environmental Appeal
Board under the
Wildlife Act. However, it is only a summary of the process. For more
detailed information refer to the
Wildlife Act,
R.S.B.C. 1996, c. 482, as amended.
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