Third Party: Forest Practices Board
Intervenor: Council of Forest Industries
APPEAL NO. 2008-FOR-001(b) and 2008-FOR-002(b)

This appeal concerned whether the road maintenance obligations in section 79 of the FPPR require a licensee to replace an old, deteriorated minor culvert with an expensive permanent bridge. The Board joined the appeal to argue that such an expectation goes beyond the normal meaning of regular maintenance. The parties eventually agreed to a consent order allowing the appeal and agreeing that Canfor’s failure to build a new bridge to replace a deteriorated culvert was a contravention of section 79.

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2008for001_002b.pdf