Natural Resource Tribunals
Overview
Dates: July 20 to August 14
Who:
- The Ministry of Water, Land and Resource Stewardship
- The Ministry of Environment and Parks
- The Ministry of Forests
What: Proposed improvements to two natural resource tribunals
Where: Province-wide
Why: To strengthen B.C.’s economy while maintaining high environmental standards and outcomes
How: Online
What are natural resource tribunals?
Tribunals are legal independent bodies that can review decisions made by the Province. Sometimes a tribunal is also called a board or commission. Natural resource tribunals in B.C. are designed to provide a process for the public to appeal government decisions on environmental issues like:
- Water licences
- Pesticide permits
- Contaminated site remediation
These tribunals serve as an alternative to taking disputes directly to court.
What is the challenge?
In B.C., the Environmental Appeal Board (EAB) and the Forest Appeals Commission (FAC) are two major natural resource tribunals. The EAB and FAC resolve disputes about decisions made by government on forests and environmental issues under specific laws and regulations.
Appeal processes to the EAB and FAC were designed to provide a fair, accessible, and timely process for reviewing natural resource decisions. Over time, appeal processes have become more complex and lengthy, which has contributed to delays in the permitting and enforcement system.
What is being proposed?
The Province is looking at possible changes to laws and processes to make sure appeals work the way they were originally intended. This could include:
- Deciding certain appeals based on existing record instead of requiring a new hearing
- No longer pausing monetary penalties when an appeal is filed, and instead refunding the penalty if the appeal is successful
This work supports efforts to strengthen B.C.’s economy while maintaining high environmental standards and outcomes, and obligations to First Nations.
Results
Thank you to everyone who participated in the engagement process and shared feedback on the proposed changes to the appeals system.
Participants generally recognized challenges with the current system, including:
- Concerns about how long appeals can take
- The complexity and cost of the process
- Duplication of effort
- Lack of transparency
Many participants expressed support for the proposed changes, particularly where those changes could help make the appeals process more efficient, predictable and effective. Participants also identified important considerations, such as:
- Maintaining fair and transparent decision-making
- Meaningful opportunities to participate in the appeals process
- Appropriate engagement and consultation with First Nations
- Safeguards to support access to appeals
Participants shared suggestions on how the proposed changes could be put into practice. Key themes included:
- Access to decision-making information and records
- Notification and information-sharing processes
- Improving opportunities for affected parties to be heard during appeals
- Refund and cost-recovery mechanisms
- Stewardship and environmental outcomes
What’s next
The Province is reviewing the feedback received through engagement. Input from participants will help inform ongoing policy development and consideration of potential improvements to the appeals system. As this work progresses, your feedback will be considered alongside legal, operational and implementation requirements to support any future changes.
Related engagements
