Third Party: Forest Practices Board
APPEAL NO. 1997-FOR-19

The appeal issue was whether landowners, who made extensive efforts to determine the legal status of a road through their property through inquiries with government agencies, contravened the unauthorized harvesting provision of the Code, and if so, whether the defence of officially induced error was available to them. The Board took no position on whether a contravention occurred in this case but submitted that, if a contravention was found, the penalty assessed may not adequately take into account the efforts made by the Hengstlers to avoid the contravention nor the extent to which the actions of government officials contributed to the contravention. The FAC found that the defence was available, and applicable in this case.

Appeal allowed in part.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1997for19.pdf