Third Party: MacMillan Bloedel Ltd. Intervenor: Sierra Club of British Columbia
APPEAL NO. 96/04

The Board appealed the approval of a forest development plan (FDP) on Vancouver Island. It was the first appeal of a FDP, and raised questions as to what constituted “the plan,” and whether it met the transitional period test for “substantial compliance” with Forest Practices Code requirements for fish streams, wildlife, cultural heritage resources, unstable terrain, and public review and comment. The Board argued that limited information and confusing content meant the FDP did not meet the content requirements, and therefore the FDP approval decision which required the district manager to be satisfied that the plan would adequately manage and conserve forest resources of the Crown. The FAC acknowledged that while there may be deficiencies in the plan, gaps in evidence and argument led it to dismiss the appeal.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/96-04b.pdf