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 The Board argued that an official who rescinded a stop work order (SWO) did not consider all of the relevant evidence, and did not apply the correct legal test.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

Third Party: Government of British Columbia
APPEAL NO. 1999-FOR-04

The Board appealed a review panel’s decision to eliminate an administrative penalty for Code contraventions. The parties agreed to reinstatement of the original penalties amounting to about $13,000.

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/1999for04.pdf

Third Party: Takla Development Corporation Ltd.
APPEAL NO. 1999-FOR-05

The Board appealed a review panel decision that would have sent a contravention determination back to the district manager with instructions that the Board considered to be incorrect. The FAC agreed, and found that when assessing an administrative penalty, it is appropriate to take into account the environmental impact of the unauthorized harvesting as part of the gravity and magnitude of the contravention, and to assess a penalty which removes the economic benefit derived from the contravention.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1999for05.pdf