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B.C. Reg. 12/2004, deposited January 23, 2004, pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT [Sections 198 and 220] and the FOREST AND RANGE PRACTICES ACT [Sections 141, 165, 166 and 167]. Order in Council 16/2004, approved and ordered January 22, 2004.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 31, 2004, the attached Administrative Review and Appeal Procedure Regulation is made.
— M. de JONG, Minister of Forests; G. COLLINS, Presiding Member of the Executive Council.
ADMINISTRATIVE REVIEW AND
APPEAL PROCEDURE REGULATION
1 In this regulation:
"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 41 (4) of that Act, or
(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 the Act;
"requesting person" means a person that requests a review of
(a) a determination, order or decision under the Forest Act or Range Act, or
(b) a determination referred to in section 80 (1) of the Forest and Range Practices Act;
"reviewer" means
(a) for a review under the Forest Act,
(i) the regional manager if the review concerns a determination, order or decision referred to in section 143 (1) (a) of the Forest Act,
(ii) the person authorized by the minister, if the review concerns a determination, order or decision referred to in section 143 (1) (b) of the Forest Act,
(iii) the chief forester if the review concerns a determination, order or decision referred to in section 143 (1) (c) of the Forest Act, or
(iv) the person to whom, under section 143 (3) of the Forest Act, the regional manager or chief forester delegates the power to decide the review,
(b) for a review under the Range Act,
(i) the regional manager if the review concerns a determination, order or decision referred to in section 41 (1) (a) or (b) of the Range Act, or
(ii) the person to whom, under section 41 (3) of the Range Act, the regional manager delegates the power to decide the review, or
(c) for a review under the Forest and Range Practices Act,
(i) the person who made the original determination, or
(ii) another person who, under section 80 (1) of the Forest and Range Practices Act, is designated by the minister to decide the review.
Part 2 — Administrative Review Procedure
Division 1 — Requesting a Review
2 (1) For
(a) a review of a determination, order or decision referred to in section 143 (1) of the Forest Act or section 41 (1) of the Range Act, or
(b) a review of a determination referred to in section 80 (1) of the Forest and Range Practices Act
the request for review must be signed by, or on behalf of, the person who is the subject of the determination under review, and must contain all of the following information:
(c) the name and address of the requesting person;
(d) the address for service of the requesting person;
(e) the new evidence that was not available at the time the determination under review was made;
(f) a statement of the relief requested.
(2) For a review of a determination referred to in section 81 (1) of the Forest and Range Practices Act the requirement for review must be signed by or on behalf of the chair of the board, and must contain all of the following information:
(a) written consent of the person who is the subject of the determination;
(b) the name of the person who made the determination;
(c) the address for service of the board;
(d) the grounds for review;
(e) a statement of the relief requested.
Division 2 — Procedures after Receipt of Request for Review
under the
Forest Act and Range Act
3 Sections 4 to 7 apply to reviews under the Forest Act and Range Act.
4 The reviewer must acknowledge in writing any request for review.
5 (1) If a request for review does not comply with section 2 (1), the reviewer may serve a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the reviewer serves a notice of deficiencies under subsection (1), the requested review may proceed only after the earlier of
(a) the expiry of the period specified in the notice of deficiencies, or
(b) the submission to the reviewer of further material remedying the deficiencies.
(3) The reviewer must serve a copy of the request and any notice of deficiency to the person who made the determination, order or decision that is the subject of the request.
6 The reviewer must serve a notice of review to the person who requested the review, and to the person referred to in section 5 (3), setting out,
(a) in accordance with section 145 (1) of the Forest Act, the basis on which the review is to be conducted, and
(b) if there is to be an oral hearing, the date, time and location of the oral hearing.
7 The prescribed period for the purposes of section 145 (3) (a) of the Forest Act is 60 days.
Division 3 — Procedures after Receipt of Request for Review
under the
Forest and Range Practices Act
8 Sections 9 to 13 apply to reviews under the Forest and Range Practices Act.
9 (1) The minister must acknowledge in writing any request for review or requirement for review.
(2) If a request for review is made under section 80 (1) of the Forest and Range Practices Act, the minister must give a copy of the request to the person who made the determination that is the subject of the request.
(3) If the board requires a review under section 81 (1) of the Forest and Range Practices Act, the minister must give a copy of the requirement for review to the following:
(a) for a review of a determination made under section 82 or 95 (2) of the Forest Practices Code of British Columbia Act or under section 71 or 74 of the Forest and Range Practices Act,
(i) the person who made the determination that is the subject of the requirement, and
(ii) the person who is the subject of the determination;
(b) for a review of a determination with respect to the approval of a plan under sections 16 or 37 of the Forest and Range Practices Act, or the approval of an amendment to the plan,
(i) the holder of the plan or amendment, and
(ii) the person who made the determination.
10 (1) If a request for review does not comply with section 2 (1), the minister may give a written notice of deficiencies to the requesting person, inviting the requesting person, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the earlier of
(a) the expiry of the period specified in the notice of deficiencies, or
(b) the submission to the minister of further material remedying the deficiencies.
11 (1) If the board's requirement for review does not comply with section 2 (2) (b) to (e), the minister may give a written notice of deficiencies to the board, inviting the board, within a period specified in the notice, to submit further material remedying the deficiencies.
(2) A review may not proceed if the board's requirement for review does not comply with section 2 (2) (a).
(3) If the minister gives a notice of deficiencies under subsection (1), the review may proceed only after the earlier of
(a) the expiry of the period specified in the notice of deficiencies, or
(b) the submission to the minister of further material remedying the deficiencies.
12 If the board requires a review of a determination with respect to the approval of a plan under section 16 or 37 of the Forest and Range Practices Act, the agreement holder to which the plan or amendment relates is a party to the review.
13 On receipt of a request or requirement for review, the minister must forward the request or requirement to
(a) the person who made the determination that is the subject of the review, or
(b) another person who the minister, under section 80 (1) of the Forest and Range Practices Act, designates to review the determination.
14 (1) The reviewer must give a notice of review to
(a) the person who requested the review, or to the board if the board required the review, and
(b) the persons referred to in section 9 (2) or (3).
(2) If the review is to involve an oral hearing, the notice of review must specify the date, time and location of the hearing.
15 The reviewer must give a written decision to
(a) the person who is the subject of the determination, and
(b) the board.
Part 3 — Forest Appeals Commission Procedure
16 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
(a) a notice of appeal,
(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
(d) the original decision,
(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).
17 The prescribed period for the purpose of section 83 (2) (b) of the Forest and Range Practices Act is 6 months.
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, and the notice of appeal for an appeal under section 41 of the Range 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;
(c) the grounds for appeal;
(d) a statement describing the relief requested.
19 (1) If a notice of appeal does not comply with section 17, 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 Range Act, or
(b) giving the written notice of deficiencies to the appellant, if the appeal is under the Forest and Range Practices 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 earlier of
(a) the expiry of the period specified in the notice of deficiencies, or
(b) the submission to the commission of further material remedying the deficiencies.
20 The commission must acknowledge in writing any notice of appeal, and
(a) in the case of an appeal under the Forest Act or Range Act, serve a copy of the notice of appeal on the deputy minister of the Ministry of Forests, and
(b) in the case of an appeal under the Forest and Range Practices Act, give a copy of the notice of appeal to
(i) the minister, and
(ii) either
(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.
21 (1) Within 30 days after receipt of the notice of appeal, the commission must
(a) determine whether the appeal is to be considered by members of the commission sitting as a commission or by members of the commission sitting as a panel of the commission,
(b) designate the panel members if the commission determines that the appeal is to be considered by a panel,
(c) subject to subsections (2) and (3), set the date, time and location of the hearing, and
(d) give notice of hearing to the parties if the appeal is under the Forest and Range Practices Act, or serve notice of hearing on the parties if the appeal is under the Forest Act or Range Act.
(2) The prescribed period for the purposes of section 148 (1) (b) of the Forest Act is 45 days after the commission receives the notice of appeal.
(3) Despite subsection (2), the parties and the commission may agree to a period other than 45 days.
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.
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.
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.
25 On application to the commission, a transcript of any proceedings before the commission or the panel of the commission must be prepared at the cost of the person requesting it or, if there is more than one applicant for the transcript, proportionately by all of the applicants.
26 The prescribed period for the purposes of section 149.1 (3) of the Forest Act is 42 days after conclusion of the hearing.
Part 4 — Annual Report of Forest Appeals Commission
27 (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.
(2) The annual report referred to in subsection (1) must contain
(a) the number of appeals initiated under the Forest Act, the Range Act or the Forest and Range Practices Act, during the year,
(b) the number of appeals completed under the Forest Act, the Range Act, or the Forest and Range Practices Act, during the year,
(c) the resources used in hearing the appeals,
(d) a summary of the results of the appeals completed 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.
28 If, before the effective date of this regulation, a person contravened a section of the Forest Practices Code of British Columbia Act that is repealed and replaced by a provision of the Forest and Range Practices Act, and at the date of the contravention the Forest Practices Code of British Columbia Act provided a right of review or appeal in respect of contraventions of that section,
(a) the person may review or appeal a determination that they contravened the section, and
(b) the review and appeal provisions of the Forest Practices Code of British Columbia Act that were in effect at the date of the determination apply to the review or appeal.
Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada