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FOREST APPEALS COMMISSION

HOW TO REQUEST AN
EXTENSION OF TIME

When would I need an extension of time?


There are deadlines in the Commission’s Rules for taking certain steps, such as providing a Statement of
Points and filing expert reports. It is also common for the Commission to set deadlines in its letters to the
parties; deadlines in relation to making submissions or responding to a question. If you need more time,
you will need to apply to the Commission for an extension of time. The Commission has the power to
vary or waive the requirements in its Rules, and to vary any deadlines that it establishes in a letter.

What should I do before asking the Commission for an extension?

Prior to the deadline date, you should:

1. Ask the other parties whether they will agree to an extension.


Contact the other parties, explain why you need more time, and ask whether they will agree to an
extension of a specific amount of time (# of days or weeks). If they agree, send a letter to the
Commission advising that all parties consent to an extension, and provide the new agreed upon date.
Do not forget to copy all parties on the letter.

2. Make a formal application to the Commission.


If you aren’t able to contact all of the other parties, or if there is not unanimous consent to an
extension, you will need to make a written application to the Commission (see below).

How do I ask for an extension of time?


Rule 18 sets out the general procedure for making applications to the Commission.
An application for an extension of time must be in writing, and should be made before the deadline date.
It should say how much additional time is required (provide a new due date if possible), and must include
a brief description of the following:
• the reason(s) why you need the extension (also include any consequences to you if the
extension of time is not granted; e.g., will there be unfairness or prejudice); and
• whether the other parties agree to the extension of time (if known).

Please ensure that you provide a copy of your letter to all other known parties to the appeal in
accordance with the Rules.
The Commission may ask the other parties to comment on your application before deciding whether to
give you an extension, particularly if it is a long extension and/or the extension may prejudice the other
parties. The Commission will provide you with a written decision as quickly as possible. If the extension
is granted, the Commission may also give the other parties a similar extension of time if that is
appropriate in the circumstances.
Parties should be aware that the Commission is under no obligation to grant an extension of time,
regardless of the reasons.

What if I have missed a deadline?


You may wish to telephone the Commission’s office (250-387-3464) to advise that you have missed the
deadline. Unless the Commission advises differently, you will normally be asked to follow the application
process described in the section above (e.g., write to the Commission to apply for an extension of time).

FOREST APPEALS COMMISSION


4th Floor - 747 Fort Street PO Box 9425 Stn Prov Govt
Victoria BC V8W 3E9 Victoria BC V8W 9V1
Telephone: 250.387.3464  Fax: 250.356.9923  www.fac.gov.bc.ca

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