Before you start an appeal, it is a good idea to ensure that the decision you want to appeal can be appealed to the EAB. The only decisions that can be appealed to the EAB are ones made with authority given to the decision-maker under the Environmental Management Act, Greenhouse Gas Industrial Reporting and Control Act, Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, Integrated Pest Management Act, Mines Act, Water Sustainability Act, Water Users’ Communities Act, Wildlife Act, or Zero-Emission Vehicles Act. You can read information sheets on each act, to see if your decision can be appealed to the EAB, by clicking here.
To file your appeal, you need to provide the EAB with a signed document containing:
- your name and contact information (including address, phone number, and email);
- the name and contact information (including address, phone number, and email) of anyone who will represent you in the appeal;
- details of the decision (the date it was made – if known, who made it, and how and when you received the decision);
- the reasons(s) you think the decision is wrong; and
- what you would like the EAB to do about the decision you are appealing.
The Board has created a Notice of Appeal form. You do not have to use it, but it provides space to fill in all the details you have to provide, in order to start an appeal with the Board. It also asks that you identify your pronouns, to assist the Board in making the appeal process safer for all appellants, regardless of their gender identity. The Notice of Appeal also asks whether you wish to self-identify as Indigenous. If you do so on that form, the Board will work to ensure that cultural/inter-cultural needs are addressed, while maintaining fairness in the process. The Board also tracks statistical outcomes across all appeals (not for any individual appeal) for Indigenous and non-Indigenous parties, as one way to search for and address any institutional biases or barriers that affect Indigenous peoples’ access to justice.
You can also self-identify confidentially, so that it is not disclosed to others involved in your appeal. The Board will still use the appeal to assess its processes and outcomes through the use of statistics, in trying to address institutional biases and barriers to access to justice, as described above.
The Notice of Appeal can be sent in by mail, fax, or email, or it can be delivered to the Board’s office in person. All of that contact information can be found here. Be aware, generally you must start an appeal within 30 days of receiving a decision! If you do not have all the information you need to provide, send in what you have before your time limit is up; the Board will give a reasonable time for you to complete your Notice of Appeal, once it is filed.