Third Party: Forest Practices Board
APPEAL NO. 1997-FOR-31

This was an appeal of a contravention determination and administrative penalty determination regarding unauthorized harvesting. The Board participated in the appeal solely on the issue of due diligence, arguing that it was not available as a defence to an administrative penalty for a contravention of section 96 of the Code. The FAC agreed and stated, consistent with previous appeal decisions, that due diligence to avoid a contravention is not a defence, but is a relevant consideration when determining the amount of penalty. It confirmed the contravention, but reduced the penalty amount.

Appeal allowed in part.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1997for31.pdf