Third Party: Forest Practices Board
APPEAL NO. 2008-FOR-011(a)

The appeal issue was whether due diligence and reasonable reliance on professionals in regard to a landslide across a road and into a stream due to poor culvert locations and lack of water control structures. The Board took no position on the contraventions under appeal, and focused on the law relating to due diligence. The FAC found that Tembec had exercised due diligence in the circumstances and allowed the appeal.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2008for011a.pdf