APPEAL NO. 95/02

This was the first appeal heard by the FAC. Tolko and the Forest Practices Board both appealed a review panel decision concerning a contravention finding of a district manager that Tolko damaged a riparian area. The sole member of the ministry review panel appointed to hear Tolko’s initial appeal was the district manager for the adjacent forest district. The Board argued that it is improper for a district manager to review a determination made by another district manager, as it gives rise to a reasonable apprehension of bias. Instead of a district manager acting as the review official, the review should be made up of panels of three which could include staff from the central office of the Ministry of Forests and perhaps a district manager. The FAC disagreed, and dismissed the Board’s appeal.

Tolko’s appeal was based on procedural fairness issues in the ministry processes leading up to the contravention and penalty determinations. The FAC agreed that there were some flaws in the procedure followed, but found that its own appeal process could cure those. As Tolko did not call any evidence to refute the substance of the contraventions, the FAC dismissed its appeal.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/95-02.pdf