1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 42 -- 1993

CABINET APPEALS ABOLITION ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Agricultural Land Commission Act

1 Section 10 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended:

(a) by repealing subsection (3) and substituting the following:

(3) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may

(a) approve all or part of the land described in the application for addition to a designated land reserve plan, and

(b) designate all or part of the land described in the application as or as part of an agricultural land reserve. ,

(b) in subsection (4) by adding ", if acting on the commission's own initiative," after "commission", and

(c) by repealing subsection (5) and substituting the following:

(5) On application by an owner of land the commission may designate all or part of the land described in the application as or as part of an agricultural land reserve if the commission considers that the designation carries out the intent of this Act.

2 Section 11 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may exclude land from a reserve, on the terms it considers advisable.

(2) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission, without excluding the land from a reserve, may grant permission under section 15 (2), 16, 18 or 19 (2) in respect of the land that is the subject of the application, on any terms the commission considers advisable.

(2.1) It is a condition of permission granted under subsection (2) that the owner or occupier must comply with the applicable Acts, regulations, bylaws of the municipality or regional district, and the decisions and orders of any person or body having jurisdiction over the land under an enactment. , and

(b) in subsection (3) by adding ", or the commission if acting on its own initiative," after "the proposed applicant".

3 Section 13 is repealed.

4 Section 14 is repealed and the following substituted:

Plan to be amended

14 On land being excluded under this Act from a land reserve plan, the commission must amend the land reserve plan and notify the appropriate municipality, regional district and registrar of titles.

5 The following sections are added:

Definition of "board" insections 28.2 to 28.6

28.1 In sections 28.2 to 28.6 "board",

(a) during the period before the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means a commissioner or commissioners appointed under the Inquiry Act for the purpose of inquiring into a matter described in section 28.2, and

(b) after the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means the Environmental Assessment Board.

Reference of a matter to the board

28.2 (1) If the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council by order may refer to the board, for the purpose of a public hearing described in section 28.5, any of the following matters that is before the commission at the time of the order making the referral:

(a) an application under section 10 (3) or (5), 11 (1) or (2) or 12 (1);

(b) an application referred to in section 20 (1);

(c) where land is being considered by the commission on its own initiative for

(i) approval and designation under section 10 (3),

(ii) exclusion from a reserve under section 11 (1), or

(iii) the granting of the permission referred to in section 11 (2),

the issues relating to the approval and designation, to the exclusion or to the permission, as the case may be.

(2) The Lieutenant Governor in Council must specify written terms of reference for the purpose of a public hearing by the board pertaining to a matter referred to the board under this section.

Suspension of matters pending
a decision under section 28.2

28.3 (1) For the purpose of giving the Lieutenant Governor in Council time to consider whether an order under section 28.2 is warranted in relation to a matter referred to in section 28.2 that is before the commission, the minister may order that the matter be suspended for a period, to be specified in the order, that is not longer than 90 days or any shorter period that is prescribed for the purpose of this subsection.

(2) An order of the minister under subsection (1) has effect and is binding on the commission and on any parties to a proceeding relating to matter that is the subject of the order until the expiry of the period specified in the order.

Effect of an order under section 28.2

28.4 (1) On the date of an order under section 28.2 referring a matter to the board, the commission's powers and duties under this Act in relation to the matter that is the subject of the order are transferred to the Lieutenant Governor in Council to the extent necessary to enable the Lieutenant Governor in Council to act in accordance with section 28.6.

(2) An order under section 28.2 is final and binding.

Mandate of the board

28.5 (1) On receipt of and in accordance with the written terms of reference specified in conjunction with an order under section 28.2, the board, in accordance with the terms of reference, must conduct a public hearing of the probable environmental, economic, social, cultural and heritage effects, and, without limitation, the agricultural effects, of whichever of the following is the subject of the matter described in section 28.2 in respect of which the order was made:

(a) an approval and designation under section 10 (3);

(b) a designation under section 10 (5);

(c) an exclusion from a reserve under section 11 (1) or 12 (1);

(d) the granting or refusal of the permission referred to in section 11 (2) or 20 (1).

(2) On conclusion of the public hearing, the board must submit to the Lieutenant Governor in Council

(a) a written report in accordance with the written terms of reference specified under subsection (3), and

(b) a summary of the evidence received and submissions made in the course of any public hearing held in accordance with the terms of reference.

(3) Within 10 days after submitting its report under section 28.2, the board must publish the report in the prescribed manner.

Lieutenant Governor in Council's decision

28.6 (1) On receiving the board's report the Lieutenant Governor in Council by order may decide the outcome of the matter that is the subject of the order under section 28.2 by

(a) granting or refusing to grant the approval, designation, exclusion or permission applied for, in the case of a matter described in section 28.2 (1) (a) or (b), or

(b) making or deciding not to make the approval, designation, exclusion or permission that was under consideration by the commission on its own initiative, in the case of a matter described in section 28.2 (1) (c).

(2) The Lieutenant Governor in Council may attach conditions to an order made under this section.

(3) An order made under this section is final and binding.

 
Coal Act

6 Section 7 (1.3) of the Coal Act, R.S.B.C. 1979, c. 51, is repealed and the following substituted:

(1.3) If surface rights are restricted under this section, the minister must serve the licensee with a notice of the restriction.

7 Section 33 is repealed.

Company Act

8 Section 36 (7) of the Company Act, R.S.B.C. 1979, c. 59, is repealed and the following substituted:

(7) The registrar may refuse to issue a certificate of continuation.

(8) An appeal lies from a decision of the registrar under subsection (7) to the commission.

9 Section 326 is repealed and the following substituted:

Refusal of registration

326 (1) The registrar may refuse to register an extraprovincial company.

(2) An appeal lies from a decision of the registrar under subsection (7) to the commission.

 
Creston Valley Wildlife Act

10 Section 29 of the Creston Valley Wildlife Act, R.S.B.C. 1979, c. 82, is repealed and the following substituted:

Appeal to management authority

29 (1) An appeal lies to the management authority against

(a) an order given under section 14 (b) or (c), or

(b) the suspension of a permit

by the delegate of the management authority.

(2) An appeal must be brought under subsection (1) within 7 days of the date of the order or suspension, as the case may be, and must be in writing delivered to the management authority.

 
Hospital District Act

11 Section 32 (4) of the Hospital District Act, R.S.B.C. 1979, c. 178, is repealed.

 
Mineral Land Tax Act

12 Section 19 (5) of the Mineral Land Tax Act, R.S.B.C. 1979, c. 260, is repealed.

 
Mineral Tenure Act

13 Section 13 (4) of the Mineral Tenure Act, S.B.C. 1988, c. 5, is repealed.

14 Section 15 (3) is repealed and the following substituted:

(3) An order under subsection (1) must be served on the recorded holder.

 
Motor Carrier Act

15 Section 5 of the Motor Carrier Act, R.S.B.C. 1979, c. 286, is amended

(a) in subsection (1) by striking out "the commission thinks proper, the commission" and substituting "a panel of the commission consisting of one, 2 or 3 members thinks proper, the panel", and

(b) in subsections (2), (3), (4), (5) and (6) (a) and (b) by striking out "the commission" wherever it appears and substituting "panel of the commission".

16 Section 6 (1) is amended by striking out "commission" and substituting "a panel of the commission consisting of one, 2 or 3 members".

17 Section 7 is repealed and the following substituted:

Transfer of licences

7 A licence must not be assigned or transferred except with the approval of a panel of the commission consisting of one, 2 or 3 members, and subject to payment of the prescribed fee and to conditions the panel imposes.

18 Section 9 (1) is amended

(a) in subsection (1) by striking out "The commission" and substituting "A panel of the commission consisting of one, 2 or 3 members", and

(b) in subsection (2) by striking out "the commission may amend" and substituting "a panel of the commission consisting of one, 2 or 3 members may amend".

19 Section 31 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The Motor Carrier Commission is continued, consisting of not less than 7 persons who are to be appointed by the Lieutenant Governor in Council and hold office during pleasure. ,

(b) by repealing subsection (7), and

(c) by repealing subsection (9) and substituting the following:

(9) The Lieutenant Governor in Council must fix the remuneration of the commissioners and the terms and conditions of their appointments.

20 The following section is added:

Organization into panels

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

(2) The members of the commission may sit as a commission or as a panel of the commission.

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

(a) one or more panels may sit at the same time,

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

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

21 Section 39 is amended by striking out "The commission" and substituting "A panel of the commission consisting of one, 2 or 3 members".

22 Section 52 is repealed and the following substituted:

Reconsideration of decisions

52 (1) On application by a person aggrieved by any of the decisions described in subsection (2), a panel of the commission consisting of 3 or more members, may grant leave to that person to apply for reconsideration of that decision, if the person satisfies the panel of the commission that

(a) evidence not available at the time of the original decision has become available, or

(b) there are probable grounds to believe that the decision is inconsistent with the principles expressed or implied in this Act or the regulations.

(2) The following are the decisions that may be the subject of an application under subsection (1) to a panel of the commission:

(a) the granting of a licence, in whole or in part, or the refusal to grant a licence, in whole or in part;

(b) the attachment of terms or conditions to a licence;

(c) an approval or refusal to approve the assignment or transfer of a licence;

(d) the amendment, suspension or cancellation of a licence;

(e) the determination of an application by or on behalf of any person complaining as set out in section 39.

(3) Leave to apply for reconsideration of any decision referred to in subsection (2) may be granted only once.

(4) An application under subsection (1) must be made within 30 days after the date of the decision that is the subject of the application.

(5) If an application for leave is made under subsection (1), another person affected by the decision that is the subject of that application may apply for leave under subsection (1) by the later of

(a) 30 days after the date of the decision that is the subject of the application, or

(b) 5 days after that person receives notice of the application by the aggrieved person referred to in subsection (1).

(6) On a reconsideration under this section, the panel of the commission may confirm, reverse, alter or vary the decision that is the subject of the application for reconsideration or make any other order as to the commission seems just.

(7) An application under this section must be made in accordance with the regulations.

(8) Except as provided in this section, the provisions of the Utilities Commission Act as to appeals on questions of jurisdiction and law apply to regulations, orders and decisions made by the commission under this Act.

(9) Despite section 40, a finding or determination of a panel whose decision is the subject of a reconsideration under this section on a question of fact does not bind the panel of the commission that reconsiders the decision.

(10) An appeal under this section to the Lieutenant Governor in Council that, on the day section 19 of the Cabinet Appeals Abolition Act comes into force, has been commenced but not disposed of must continue and be disposed of as though section 21 of that Act had not come into force.

 
Municipal Act

23 Section 341 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:

Appeal from inspector

341 (1) An appeal lies to the minister from a decision of the inspector under section 332 or 337.

(2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm, rescind or amend the decision of the inspector.

(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.

(4) The deputy minister may not hear or be involved in an appeal under this section.

24 Section 389 is amended

(a) in subsection (3) by striking out "Lieutenant Governor in Council" and substituting "Supreme Court", and

(b) by adding the following:

(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

25 Section 748 is repealed and the following substituted:

Appeal from inspector

748 (1) An appeal lies to the minister from every decision of the inspector withholding or refusing a certificate applied for under this Part.

(2) On an appeal under subsection (1) the minister must hear and determine the matter, and may confirm or vary the decision of the inspector.

(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.

(4) The deputy minister may not hear or be involved in an appeal under this section.

26 Section 942 (2) to (4) is repealed and the following substituted:

(2) If the council or regional board does not alter the bylaw or plan in accordance with the notice, the minister with the prior approval of the Lieutenant Governor in Council may order the bylaw or plan to be altered in accordance with the notice.

(3) On the date of an order of the minister under subsection (2) the bylaw or plan, as the case may be, is conclusively deemed to be altered in accordance with the notice.

(4) The order of the minister is final and binding.

 
Mutual Fire Insurance Companies Act

27 Section 36 of the Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended

(a) by striking out "Lieutenant-Governor in Council" wherever it appears and substituting "the Supreme Court", and

(b) by striking out "he" in both places and substituting "the Supreme Court".

 
Name Act

28 Section 7 (3) to (5) of the Name Act, R.S.B.C. 1979, c. 295, is repealed and the following substituted:

(3) If the director refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court.

 
Natural Gas Price Act

29 Section 7 of the Natural Gas Price Act, S.B.C. 1989, c. 74, is repealed and the following substituted:

Appeal

7 (1) If the minister cancels a permit, licence or lease under section 6 (2), the holder, not more than 30 days after the date of the cancellation, may appeal the minister's decision to the Supreme Court.

(2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

 
Park Act

30 Sections 22 and 23 of the Park Act, R.S.B.C. 1979, c. 309, are repealed.

 
Petroleum and Natural Gas Act

31 Section 144 of the Petroleum and Natural Gas Act, R.S.B.C. 1979, c. 323, is repealed and the following substituted:

Appeal

144 (1) If the minister cancels a permit, licence or lease under section 143, the holder, not more than 30 days after the date of the cancellation, may appeal the minister's decision to the Supreme Court.

(2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

 
Soil Conservation Act

32 Section 4 of the Soil Conservation Act, R.S.B.C. 1979, c. 391, is repealed.

33 Section 5 is amended

(a) in subsection (1) by striking out everything before paragraph (c) and substituting the following:

(1) If a local authority or the commission determines that a person

(a) has contravened a permit; or

(b) is removing soil from, or placing fill on, an agricultural land reserve without a permit,

the local authority or the commission may , and

(b) by repealing subsection (2).

Commencement

34 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Agricultural Land Commission Act
(Ministry of Agriculture, Fisheries and Food)

SECTION 1: amends section 10 of the Agricultural Land Commission Act to substitute the Agricultural Land Commission for the Lieutenant Governor in Council as the body that, on application by a municipality, regional district or owner of land, or on its own initiative, may add land to the agricultural land reserve.

SECTION 2: amends section 11 of the Agricultural Land Commission Act to substitute the Agricultural Land Commission for the Lieutenant Governor in Council as the body that, on application by a municipality or regional district, or on the commission's own initiative, may exclude land from the agricultural land reserve, grant permission to use land in an agricultural reserve for a purpose other than farm use or grant permission to subdivide land in an agricultural land reserve.

SECTION 3: repeals section 13 of the Agricultural Land Commission Act to eliminate appeals to the Environment and Land Use Committee of Cabinet from decisions of the Agricultural Land Commission on applications for exclusion of land from an agricultural land reserve. Decisions of the commission will continue to be subject to review under the Judicial Review Procedure Act.

SECTION 4: is consequential to the other amendments to the Agricultural Land Commission Act. It recasts section 14 of the Act by removing references to the Lieutenant Governor in Council and to the Environment and Land Use Committee of Cabinet.

SECTION 5: adds sections 28.1 to 28.6 to the Agricultural Land Commission Act. By these new provisions, if the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council may require that a proceeding concerning the use of land that has been started under the Agricultural Land Commission Act (and so is before the Agricultural Land Commission for a decision), be referred for a review.

The review will be under the Inquiry Act if the Environmental Assessment Board has not yet been established, but will be conducted by that board once it has been established.

Section 28.3 enables the Lieutenant Governor in Council to suspend a proceeding that is under consideration of the Agricultural Land Commission at the time, for a period not longer than 90 days or the shorter prescribed period, for the purpose of considering if a reference is warranted in the Provincial interest.

However, once the proceeding is referred to the board for the purpose of a review, the powers of the Agricultural Land Commission are by section 28.4 of the Act transferred to the Lieutenant Governor in Council for the purpose of the requisite decision under section 28.6 of the Act.

Under section 28.5 the board must conduct a public hearing into a matter referred to it, in accordance with the terms of reference provided by the Lieutenant Governor in Council. It will be the duty of the board on the public hearing to assess the probable environmental, economic, social, cultural, heritage and agricultural effects of the change in land use that is the subject of the referred proceeding.

On completion of the review, including a public hearing if one was required by the terms of reference, the board must report the results of its review to the Lieutenant Governor in Council who may decide the outcome of the proceeding, for the purposes of the Agricultural Land Commission Act.

 
Coal Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTIONS 6 and 7: eliminate appeals to the Lieutenant Governor in Council from decisions of the minister under the Coal Act. Decisions of the minister will continue to be subject to review under the Judicial Review Procedure Act.

 
Company Act
(Ministry of Government Services)

SECTIONS 8 and 9: re-enacts sections 36 (7) and 326 of the Company Act in order to eliminate appeals to the Lieutenant Governor in Council from decisions of the Registrar of Companies and to substitute appeals to the Commercial Appeals Commission.

 
Creston Valley Wildlife Act
(Ministry of Environment, Lands and Parks)

SECTION 10: eliminates appeals to the Lieutenant Governor in Council from decisions of the management authority under the Creston Valley Wildlife Act and consequentially removes the right to appeal further to the Court of Appeal. Decisions of the management authority will continue to be subject to review under the Judicial Review Procedure Act.

 
Hospital District Act
(Ministry of Health)

SECTION 11: eliminates appeals to the Lieutenant Governor in Council from a refusal of the minister to approve a capital bylaw of the board of a regional hospital district under the Hospital District Act. Decisions of the minister will continue to be subject to review under the Judicial Review Procedure Act.

 
Mineral Land Tax Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 12: eliminates appeals to the Lieutenant Governor in Council from a refusal of the minister to allow an owner of mineral rights to defer mineral land tax under the Mineral Land Tax Act. Decisions of the minister will continue to be subject to review under the Judicial Review Procedure Act.

 
Mineral Tenure Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 13: eliminates appeals to the Lieutenant Governor in Council from a refusal of the minister to certify that the holder of a mineral claim or placer claim under the Mineral Tenure Act requires the surface rights to unreserved land. Decisions of the minister will continue to be subject to review under the Judicial Review Procedure Act.

SECTION 14: eliminates appeals to the Lieutenant Governor in Council from an order of the minister to restrict the use of surface rights comprised in a mineral claim or placer claim under the Mineral Tenure Act where the minister considers that the surface should be used for purposes other than mining. Decisions of the minister will continue to be subject to review under the Judicial Review Procedure Act.

 
Motor Carrier Act
(Ministry of Attorney General)

SECTIONS 15 to 18: amend sections 5, 6, 7 and 9 of the Motor Carrier Act to constitute a panel of one, 2 or 3 members of the Motor Carrier Commission, in place of the commission as a whole, as the licensing authority under the Act.

SECTION 19: amends section 31 of the Motor Carrier Act:

SECTION 20: allows the Motor Carrier Commission to be organized into panels.

SECTION 21: amends section 39 of the Motor Carrier Act to constitute a panel of one, 2 or 3 members of the Motor Carrier Commission, in place of the commission as a whole, as the authority to hear complaints against motor carriers and others under the Act.

SECTION 22: Section 52 of the Motor Carrier Act presently allows an appeal to the Lieutenant Governor in Council by persons aggrieved by the Motor Carrier Commission's regulations or orders, its licensing decisions, its fixing of rates or rate schedules, or its determination of facts.

This re-enactment of section 52 of that Act eliminates those appeals to the Lieutenant Governor in Council. Section 52 as re-enacted provides for a panel of the commission consisting of 3 or more members to reconsider decisions of a panel of the commission about licensing matters (under sections 5, 6, 7 and 9 of the Act as amended by this Bill), or about complaints against motor carriers and others heard under section 39 of the Act (as amended by this Bill).

A reconsideration is by leave of the panel that is to reconsider the matter, and leave may be granted if the panel is satisfied as set out in the re-enacted section 52 (1).

 
Municipal Act
(Ministry of Municipal Affairs, Recreation and Housing)

SECTION 23: re-enacts section 341 of the Municipal Act in order to substitute the minister under that Act for the Lieutenant Governor in Council as the person who hears appeals from decisions of the Inspector of Municipalities respecting approvals to municipal or regional district loan authorization bylaws and security issuing bylaws.

SECTION 24: Section 388 (4) of the Municipal Act authorizes the minister under that Act to require a municipal council to dispense with an auditors services of, in the minister's opinion the auditor has been negligent. The amendments made to section 389 of that Act substitute the the Supreme Court for the Lieutenant Governor in Council as the body that hears appeals from decisions of the minister under section 388 (4).

Under these amendments there will be a further appeal to the Court of Appeal with leave of a justice of that court.

SECTION 25: re-enacts section 748 of the Municipal Act in order to substitute the minister under that Act for the Lieutenant Governor in Council as the person who hears appeals from decisions of the Inspector of Municipalities withholding or refusing a certificate of approval to municipal or regional district loan authorization bylaws and security issuing bylaws.

SECTION 26: Section 942 (1) of the Municipal Act empowers the minister under that Act to override land use bylaws of municipal councils or regional district boards if the minister believes all or part of the bylaws to be contrary to the public interest of British Columbia.

The re-enactment by this Bill of section 942 (2) of the Municipal Act eliminates the right to appeal to the Lieutenant Governor in Council a decision of the minister made under section 942 (1). However, the minister's decisions will now be subject to the prior approval of the Lieutenant Governor in Council.

 
Mutual Fire Insurance Companies Act
(Ministry of Finance and Corporate Relations)

SECTION 27: substitutes the Supreme Court for the Lieutenant Governor in Council as the person to whom the members of a mutual fire insurance company may petition for the appointment of an auditor.

 
Name Act
(Ministry of Health)

SECTION 28: eliminates appeals to the Minister of Health and to the Lieutenant Governor in Council from refusals of the Director of Vital Statistics to register name changes under the Name Act. There will continue to be an appeal to the Supreme Court and then to the Court of Appeal with leave of a justice of that court.

 
Natural Gas Price Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 29: eliminates appeals to the Lieutenant Governor in Council from cancellations by the minister under the Natural Gas Price Act of permits, licences or leases. Cancellations will continue to be subject to review under the Judicial Review Procedure Act.

 
Park Act
(Ministry of Environment, Lands and Parks)

SECTION 30: eliminates appeals to the Lieutenant Governor in Council from orders under the Park Act of directors or officers of the Ministry of Environment, Lands and Parks. Those orders will continue to be subject to review under the Judicial Review Procedure Act.

 
Petroleum and Natural Gas Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 31: eliminates appeals to the Lieutenant Governor in Council from cancellations by the minister under the Petroleum and Natural Gas Act of permits, licences or leases. Cancellations will continue to be subject to review under the Judicial Review Procedure Act.

 
Soil Conservation Act
(Ministry of Agriculture, Fisheries and Food)

SECTION 32: eliminates appeals to the minister under the Soil Conservation Act from decisions of local authorities granting permits to remove soil from, or to place fill on, land in an agricultural land reserve. The decisions will continue to be subject to review under the Judicial Review Procedure Act.

SECTION 33: amends the section relating to suspension and cancellation of permits under the Soil Conservation Act to remove references to the minister and to remove the words that now specify that the suspension and cancellation powers are exerciseable "without a hearing".

In addition, this section repeals section 5 (2) of the Soil Act to eliminate appeals to the Environment and Land Use Committee of Cabinet from decisions of the Agricultural Land Commission on applications pertaining to suspension and cancellation of permits. Decisions of the commission will continue to be subject to review under the Judicial Review Procedure Act.


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