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Appeal Process
A basic overview of
the appeal process in shown on the
flow chart.
Some aspects of the
appeal process are set out in
Part 8.1 of the Forest and Range
Practices Act and in the
Administrative Review and Appeal Procedure
Regulation.
Section 140.2 of the Forest and Range
Practices Act identifies additional powers
and procedures from the Administrative
Tribunals Act that apply to the Commission.
One of those additional powers given to the
Commission in the Administrative Tribunals
Act is the power to make Rules governing the
appeal process. The Commission has done so, and
issued its first Rules in 2016.
To assist parties and
participants in the appeal process, the
Commission 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 Commission policy relevant to
that subject.
The Commission 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 Commission has issued a Practice
Directive setting out the general time frames
for holding a hearing and for issuing decisions.
The Commission has also created a
Privacy Management Policy, to explain how it
ensures personal information is safeguarded,
while maintaining an open, transparent process.
The policy is available here.
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*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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