Third Party: Douglas Lake Cattle Company
APPEAL NO. 2013-FRP-002

The district manager determined that Douglas Lake Cattle Company harvested and removed timber without authority, and did not inform its contractor of the boundaries of private land adjoining Crown land. However, the district manager found that the Company did not contravene FRPA as it succeeded in proving the defence of due diligence. The Board appealed the decision on the grounds that the Company did not take reasonable care to inform its logging contractor of the boundaries of private land, or in overseeing its contractor’s activities, in a manner commensurate with the resource values at risk. The FAC agreed, and found that due diligence had not been established and the contravention warranted an administrative penalty. It referred the penalty amount matter back to the District Manager for determination, with instructions to consider all of the circumstances.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestAndRange/2013frp002a.pdf