Third Party: Forest Practices Board
APPEAL NO. 2002-FOR-010(a)

This appeal concerned whether the appellant was entitled to the defence of officially induced error after unauthorized harvesting outside the boundary of a timber sale licence. Mr. Noel argued that a statement made by a government employee misled him as to the boundary of a timber sale licence. The FAC found that the officially induced error defence did not apply: given all of the maps and information he had before him to determine those boundaries, his attempt to rely on this general statement by a government employee was unreasonable in the circumstances. The FAC reduced the administrative penalty from $22,000 to $14,500 due to an error of fact relating to a previous contravention by the appellant.

Appeal allowed, in part.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2002for010a.pdf