Third Party: Forest Practices Board
APPEAL NO. 2010-FOR-001(a)

This case involved road maintenance practices, and runoff from a forest road into a stream. Atco appealed a determination that it contravened two provisions of the Forest Planning and Practices Regulation (FPPR). One was section 57, which requires licensees to carry out their activities “at a time and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat.” The second contravention appealed involved the requirement in section 79 to ensure that road drainage systems are functional. The Board joined the appeal to make submissions on the interpretation of section 57, but did not take a position concerning whether Atco complied and did not introduce evidence. On the section 57 issue, the Commission found that gravel ridges caused by road grading were unlikely to “harm fish or destroy, damage or harmfully alter fish habitat.” On the section 79 issue, the Commission found that although Atco did not ensure that the road drainage systems were working, it exercised due diligence to avoid the contravention.

Appeal allowed.