Third Party: Forest Practices Board
APPEAL NO. 1999-FOR-002

This appeal addressed the appropriate legal test for stop work orders. The Board argued that an official who rescinded a stop work order (SWO) did not consider all of the relevant evidence, and did not apply the correct legal test. The FAC found that it was unclear whether the Reviewer applied the correct legal test in determining whether the SWO was justified. The FAC found that the correct legal test is whether it was reasonable for the official to believe that a contravention existed; not whether a contravention in fact occurred.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1999for02.pdf