Third Party: Forest Practices Board
APPEAL NO. 1997-FOR-30

The appeal issues were whether a remediation order concerning sediment entering the Salmon River from a bridge was issued prematurely, i.e. prior to determining that there was a contravention and providing Canfor an opportunity to be heard, raising both jurisdictional and procedural fairness concerns. The Board submitted that situations can and do arise where the need for a Remediation Order is “time-sensitive” requiring remediation of a problem to take place as soon as practically possible, as for example when an unstable slope or road needs to be stabilized so as to prevent an imminent slide and incidental damage to forest and other resources. The Board also submitted that in true emergency situations it may be necessary to issue the order without first providing any opportunity to be heard. The FAC found that there was insufficient evidence to warrant a finding that Canfor had contravened the Forest Road Regulation.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1997for30.pdf