Third Party: Forest Practices Board
APPEAL NO. 2014-FRP-001

This appeal relates to a decision rejecting Stella-Jones Canada Ltd.’s declaration that a free growing stand had been established on a cutblock. The decision-maker found the survey evidence to be contradictory and, for this reason, could not decide with certainty whether a free growing stand had been achieved. The decision-maker said that he would conduct his own survey before making a final decision. The Board took the position that a decisionmaker should be able to conduct a survey if needed to resolve uncertainty and make the best forest management decision. However, due to the wording and requirements of section 107 of FRPA, the parties consented to an order that the appeal be allowed.

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestAndRange/2014frp001a_consent_order.pdf