APPEAL NO. 2003-FOR-007(a) and 2003-FOR-008(a)

The Board appealed a contravention and administrative penalty determination on the grounds that the officially induced error defence was not available in the circumstances, and the penalty did not adequately account for the environmental harm caused by loss of Douglas fir and spruce trees that were required to be retained. Mr. Cork also appealed. A consent order confirmed the contravention and increased the penalty to reflect compensation to the Crown ($47,000) and deterrence ($13,000).

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2003for007a_008a.pdf