BC Environmental Appeal Board
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The EAB is an appellate tribunal established by and operating as arms’ length from the government of British Columbia. The EAB’s role is to consider and decide appeals from certain decisions made under nine provincial acts:

• Environmental Management Act,
• Greenhouse Gas Industrial Reporting and Control Act,
• Greenhouse Gas Reduction (Renewable and Low Carbon Fuels Requirements) Act,
• Integrated Pest Management Act,
• Mines Act,
• Water Sustainability Act,
• Water Users’ Communities Act,
• Wildlife Act, and
• Zero-Emission Vehicles Act.

The EAB strives to provide the public with a fair and accessible appeal process to decide appeals and related preliminary matters. The EAB provides services in an unbiased manner, and aims to be timely and cost-effective in doing so. The EAB seeks to evaluate the effectiveness and efficiency of the appeal process and, where warranted, affect or recommend improvements.

To achieve its objectives, the EAB works to ensure that appeal processes are accessible to the public, fair to all parties, and responsive to parties’ needs. The EAB continuously works to improve its registry and appellate processes, so that it can improve timeliness and efficiency in decision-making. The EAB encourages collaborative problem-solving between parties and, where adjudication is necessary, ensures that members are trained and equipped to reach fair and logical outcomes based on the circumstances of each individual case, grounded in the applicable law.

The EAB’s decisions are made by provincial appointees: a full-time Chair and Vice Chair (the Vice Chair, Service Delivery) plus part-time members (who may also be designated as Vice Chairs by Cabinet). Appointments are made by the Lieutenant Governor in Council (Cabinet), following a merit-based process. All vice chair and member appointments are made in consultation with the Chair. The EAB is committed to membership that represents the diversity of British Columbia, while maintaining expertise in all appropriate fields of study and employment.

The EAB’s operations are run by seven full-time public servants. Along with the Chair, the staff are responsible for all aspects of logistical and administrative operations, registry services, public contact, and co-ordination with other administrative tribunals “clustered” with the EAB.

The EAB is committed to a transparent and accountable process. Its decisions might be reviewed and changed by courts or Cabinet. All decisions are provided to the relevant Cabinet Minister (as defined in the Act under which any given appeal is brought) and the Chair produces annual reports that are available to the public.

As of April 1, 2022, the Board is subject to the Public Interest Disclosure Act. This legislation protects employees and former employees who disclose suspected wrongdoing in any government ministry, body, or office. The EAB has created procedures to explain the process it will follow if it receives any disclosure that falls under the Public Interest Disclosure Act. Those procedures are available here.

The Board 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.