Forest Practices Code of BC Act

PART 9 - FOREST APPEALS COMMISSION

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here

• TABLE OF CONTENTS
• PART 1 - DEFINITIONS
• PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS
• PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
• PART 6 - COMPLIANCE AND ENFORCEMENT
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
• PART 9 - FOREST APPEALS COMMISSION
• PART 10 - REGULATIONS
• PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES
• PART 11 - TRANSITIONAL PROVISIONS

194. (1) The Forest Appeals Commission is continued.

(1.1) The commission is to hear appeals under

(a) Division 4 of Part 6, and

(b) the Forest Act and Range Act and, in relation to appeals under those Acts, the commission has the powers given to it by those Acts.

(2) The commission consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council may appoint.

(3) Appointments under subsection (2) may be for a term of up to 3 years.

(4) The Lieutenant Governor in Council may

(a) appoint a person as a temporary member to deal with a matter before the commission, or for a specified period or during specified circumstances, and

(b) designate a temporary member as chair.

(5) A temporary member has all the powers and may perform all the duties of a member of the commission during the period, under the circumstances or for the purpose of the appointment.

(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of the members of the commission.

195. (1) The chair may organize the commission into panels, each comprised of one or more members.

(2) The members of the commission may sit

(a) as a commission, or

(b) as a panel of the commission

and 2 or more panels may sit at the same time.

(3) If members of the commission sit as a panel,

(a) the panel has the jurisdiction of, and may exercise and perform the powers and duties of, the commission, and

(b) an order, decision or action of the panel is an order, decision or action of the commission.

196. Sections 191 and 193 apply to the commission.

197. (1) In accordance with the regulations, the commission must

(a) hear appeals under Division 4 of Part 6 and under the Forest Act and the Range Act,

(b) provide

(i) the ministers with an annual evaluation of the manner in which reviews and appeals under this Act and the regulations are functioning and identify problems that may have arisen under their provisions, and

(ii) the Minister of Forests with an annual evaluation of the manner in which reviews and appeals under the Forest Act and the Range Act and the regulations relating to those reviews and appeals are functioning and identify problems that may have arisen under their provisions, and

(c) annually, and at other times it considers appropriate, make recommendations

(i) to the ministers concerning the need for amendments to this Act and the regulations respecting reviews and appeals,

(ii) to the Minister of Forests concerning the need for amendments to the Forest Act and the Range Act and related regulations respecting reviews and appeals under those Acts, and

(d) perform other functions required by the regulations.

(2) The chair must give to the ministers an annual report concerning the commission's activities.

(3) The ministers must promptly lay the report before the Legislative Assembly.

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