Third Party – Timothy Holland
APPEAL NO. FAC-FRP-21-A003(a)

The district manager found the third party in contravention of the Forest and Range Practices Act for cutting and removing Crown timber without authorization and levied a total penalty of $12,000. The third party held a forestry license to salvage wood for the purposes of shakes and shingles but only harvested wood from outside of the license boundary over a five-year period. The Forest Practices Board appealed the determination on the basis that the penalty amount was too low based on the magnitude of the contraventions, the deliberateness of the contraventions, the economic benefit that the third party likely derived from the contraventions, the third party’s treatment of Natural Resource Officers investigating his conduct and the potential impact of the contraventions to historical Indigenous sites.

The Forest Appeals Commission mostly agreed with the Board’s arguments and increased the penalty amounts tenfold.

Appeal allowed.

FAC Decision: https://www.bcfac.ca/app/uploads/sites/837/2022/10/FAC-FRP-21-A003a.pdf