B.C. Reg. 353/2004, deposited July 23, 2004, pursuant to the FOREST AND RANGE PRACTICES ACT [Sections 141, 165 and 214 (3)]. Order in Council 793/2004, approved and ordered July 22, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Administrative Review and Appeal Procedure Regulation, B.C. Reg. 12/2004, is amended as set out in the attached Schedule.

— M. de JONG, Minister of Forests; J. van DONGEN, Presiding Member of the Executive Council.

Schedule

1 The definition of "reviewer" in the Administrative Review and Appeal Procedure Regulation, B.C. Reg. 12/2004, is amended in paragraph (c) (ii) by striking out "another person who, under" and substituting "another person who, under this regulation or".

2 Section 2 (2) is repealed and the following is substituted:

(2) For

(a) a review of a determination referred to in section 81 (1) of the Forest and Range Practices Act, or

(b) a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either,

the requirement for review or request for review must be signed by or on behalf of the chair of the board, and must contain all of the following information:

(c) in the case of a review referred to in paragraph (a), written consent of the person who is the subject of the determination;

(d) the name of the person who made the determination, or who approved or gave effect to the plan or amendment;

(e) the address for service of the board;

(f) the grounds for review;

(g) a statement of the relief requested.

3 Section 8 is amended by striking out "Sections 9 to 13" and substituting "Sections 9 to 15".

4 Section 9 is amended by adding the following subsection:

(4) If the board requests a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or giving effect to, a forest development plan or range use plan or an amendment to either, the minister must give a copy of the request for review to

(a) the holder of the plan or amendment, and

(b) the person who made the determination.

5 Section 11 is amended

(a) in subsection (1) by striking out "If the board's requirement for review does not comply with section 2 (2) (b) to (e)" and substituting "If the board's requirement for review or request for review does not comply with section 2 (2) (d) to (g)" , and

(b) in subsection (2) by striking out "section 2 (2) (a)" and substituting "section 2 (2) (c)".

6 Section 12 is repealed and the following is substituted:

12 If the board

(a) 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, or

(b) requests a review, under section 214 (3) of the Forest and Range Practices Act, of the approval of, or the giving effect to, a forest development plan or range use plan or an amendment to either,

the agreement holder to which the plan or amendment relates is a party to the review.

7 Section 13 is repealed and the following is substituted:

13 (1) 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 whom the minister, under subsection (2) of this section, or section 80 (1) of the Forest and Range Practices Act, designates to review the determination.

(2) For a request for review under section 214 (3) of the Forest and Range Practices Act, the minister may designate a person employed in the ministry to review the determination that is the subject of the review.

8 Section 14 (1) (a) is amended by striking out "if the board required the review" and substituting "if the board required or requested the review".

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