Section 1 definition of "appellant" BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
"appellant" means
(a) for a Forest Act appeal, the person that initiates an appeal under section 147 (1) of that Act,
(b) for a Range Act appeal, the person that initiates an appeal under section 70 (1) of that Act,
(c) for a Forest and Range Practices Act appeal, the person that initiates an appeal under section 82 (1) of that Act, and includes the board if the board initiates an appeal under section 83 (1) of that Act, or
(d) for a Wildfire Act appeal, the person that initiates an appeal under section 39 (1) of that Act, and includes the board if the board initiates an appeal under section 40 (1) of that Act;
Section 16 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Exemption from time specified to appeal a determination
16 (1) In respect of an appeal under section 83 of the Forest and Range Practices Act, the board is exempt from the requirement under section 131 of the Forest Practices Code of British Columbia Act to deliver to the commission
(b) a copy of the original decision, and
(c) a copy of any decision respecting a correction or review
no later than 3 weeks after the latest to occur of
(e) any correction under section 79 of the Forest and Range Practices Act, and
(f) any review under section 80 or 81 of the Forest and Range Practices Act
if the board delivers to the commission the documents described in paragraphs (a) to (c) within 60 days after the latest to occur of the events described in paragraphs (d) to (f).
(2) In respect of an appeal under section 40 of the Wildfire Act, the board is exempt from the requirement under section 131 of the Forest Practices Code of British Columbia Act to deliver to the commission
(b) a copy of the original decision, and
(c) a copy of any decision respecting a correction or review
no later than 3 weeks after the latest to occur of
(e) any correction under section 35 of the Wildfire Act, and
(f) any review under section 37 or 38 of the Wildfire Act
if the board delivers to the commission the documents described in paragraphs (a) to (c) within 60 days after the latest to occur of the events described in paragraphs (d) to (f).
(3) In respect of an appeal under section 70 (1) of the Range Act, section 82 (1) of the Forest and Range Practices Act or section 39 (1) of the Wildfire Act, a person whose request for a review is denied by the reviewer for the reason described in subsection (4) is exempt from the requirement under section 131 of the Forest Practices Code of British Columbia Act to deliver to the commission
(b) a copy of the original decision, and
(c) a copy of any decision respecting a correction or review
no later than 3 weeks after the latest to occur of
(e) any correction under the Range Act, the Forest and Range Practices Act or the Wildfire Act
if the appellant delivers to the commission the documents described in paragraphs (a) to (c) within 21 days after the appellant is given notice by the reviewer that the appellant's request for the review is denied for the reason described in subsection (4).
(4) The reason referred to in subsection (3) is that the reviewer is not satisfied as to the existence of evidence not available at the time of the original determination, order, decision or amendment.
[am. B.C. Reg. 83/2006, s. 9.]
Section 18 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Notice of appeal
18 The notice of appeal referred to in section 147 (1) of the Forest Act and section 131 (1) of the Forest Practices Code of British Columbia Act must be signed by, or on behalf of, the appellant and must contain all of the following information:
(a) the name and address of the appellant, and the name of the person, if any, making the request on the appellant's behalf;
(b) the address for giving a document to, or serving a document on, the appellant;
(d) a statement describing the relief requested.
[am. B.C. Reg. 83/2006, s. 10.]
Section 19 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Deficient notice of appeal
19 (1) If a notice of appeal does not comply with section 18, the commission may invite the appellant to submit further material remedying the deficiencies within a period specified in a written notice of deficiencies, by
(a) serving the written notice of deficiencies on the appellant, if the appeal is under the Forest Act, or
(b) giving the written notice of deficiencies to the appellant, if the appeal is under the Range Act, Forest and Range Practices Act or the Wildfire Act.
(2) If the commission serves or gives a notice of deficiencies under subsection (1), the appeal that is the subject of the notice of appeal may proceed only after the submission to the commission of further material remedying the deficiencies.
[am. B.C. Reg. 83/2006, s. 11.]
Section 20 (a) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.
(a) in the case of an appeal under the Forest Act, serve a copy of the notice of appeal on the deputy minister of the minister responsible for the Forest Act,
Section 20 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Notification of parties following receipt of notice of appeal
20 The commission must acknowledge in writing any notice of appeal, and
(a) in the case of an appeal under the Forest Act, serve a copy of the notice of appeal on the deputy minister of the minister responsible for the administration of those portions of the Forest Act for which the Minister of Finance is not responsible,
(a.1) in the case of an appeal under the Range Act, give a copy of the notice of appeal to the minister,
(b) in the case of an appeal under the Forest and Range Practices Act, give a copy of the notice of appeal to
(A) the board, if the notice was delivered by the person who is the subject of the determination, or
(B) the person who is the subject of the determination, if the notice was delivered by the board, and
(c) in the case of an appeal under the Wildfire Act, give a copy of the notice of appeal to
(A) the board, if the notice was delivered by the person who is the subject of the order, or
(B) the person who is the subject of the order, if the notice was delivered by the board.
[am. B.C. Regs. 83/2006, s. 12; 4/2010, s. 2.]
Section 21 (b) and (c) BEFORE amended and (d) BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
(b) designate the panel members if the commission determines that the appeal is to be considered by a panel,
(c) set the date, time and location of the hearing, and
(d) give notice of hearing to the parties if the appeal is under the Range Act, Forest and Range Practices Act or the Wildfire Act, or serve notice of hearing on the parties if the appeal is under the Forest Act.
Section 22 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Panel chair determined
22 For an appeal that is to be considered by a panel of the commission, the panel chair is determined as follows:
(a) if the chair of the commission is on the panel, he or she is the panel chair;
(b) if the chair of the commission is not on the panel but a vice chair of the commission is, the vice chair is the panel chair;
(c) if neither the chair nor a vice chair of the commission is on the panel, the commission must designate one of the panel members to be the panel chair.
Section 23 BEFORE re-enacted by BC Reg 240/2015, effective December 18, 2015.
Additional parties to an appeal
23 (1) If the board is added as a party to an appeal under section 131 (7) of the Forest Practices Code of British Columbia Act, the commission must promptly give written notice of the addition to the other parties to the appeal.
(2) If a party is added to the appeal under section 131 (8) of the Forest Practices Code of British Columbia Act, the commission must promptly give written notice of the addition to the other parties to the appeal.
Section 24 BEFORE repealed by BC Reg 240/2015, effective December 18, 2015.
Intervenors
24 (1) If an intervenor is invited or permitted to take part in the hearing of an appeal under section 131 (13) of the Forest Practices Code of British Columbia Act, the commission must give the intervenor a written notice specifying the extent to which the intervenor will be permitted to take part.
(2) Promptly after giving notice under subsection (1), the commission must give the parties to the appeal written notice
(a) stating that the intervenor has been invited or permitted under section 131 (13) of the Forest Practices Code of British Columbia Act to take part in the hearing, and
(b) specifying the extent to which the intervenor will be permitted to participate.
Section 27 (1) BEFORE amended by BC Reg 240/2015, effective December 18, 2015.
(1) By April 30 of each year, the chair of the commission must submit the annual report for the immediately preceding calendar year required by section 197 (2) of the Forest Practices Code of British Columbia Act.
Section 27 (2) (a), (b), (e) and (f) BEFORE amended by BC Reg 240/2015, effective December 18, 2015.
(a) the number of appeals initiated under the Forest Act, the Range Act, the Forest and Range Practices Act or the Wildfire Act, during the year,
(b) the number of appeals completed under the Forest Act, the Range Act, the Forest and Range Practices Act or the Wildfire Act, during the year,
(e) the annual evaluation referred to in section 197 (1) (b) of the Forest Practices Code of British Columbia Act, and
(f) any recommendations referred to in section 197 (1) (c) of the Forest Practices Code of British Columbia Act.