APPEAL NO. 2011-FOR-001 and 002
FRPA authorizes a decision-maker to order a licensee to carry out work that is reasonably necessary to remedy a contravention. At issue in this case was whether the order made to achieve the stocking requirements specified in a site plan for a woodlot was reasonably necessary. The Board initially joined the appeal as a party, but concluded after further analysis that the district manager was correct, and withdrew from appeal.
Appeal dismissed.
Third Party: Murray McLean
APPEAL NO. 2011-FOR-005
This appeal was initiated by the Board to take issue with a penalty determination against a woodlot licensee for failing to achieve “free to grow” obligations. The reasons given for not levying a penalty were inadequate because they did not discuss why the contravention was found to be trifling and whether or not it was in the public interest to levy a penalty, even though the contravention was considered significant and deliberate. The Board withdrew its appeal after the government agreed to distribute guidance to decision-makers on the importance of giving reasons for decision.
Appeal withdrawn.
Intervenor: Forest Practices Board
APPEAL NO. 2011 BCCA 446
In the course of harvesting timber on private land, the appellants were found to have crossed onto Crown land and harvested Crown timber without authorization. After unsuccessfully arguing that they were entitled to the mistake of fact and due diligence defence before the FAC and later the BC Supreme Court, they appealed to the BC Court of Appeal. The Board intervened at the BC Court of Appeal to make submissions on the proper test for the due diligence defence.
Appeal dismissed.
Court Decision: http://www.courts.gov.bc.ca/jdb-txt/CA/11/04/2011BCCA0446.htm
Special Investigation – SIR/32
November 2011
RECOMMENDATIONS
- Develop guidance for decision‐makers to consider when making remediation orders, so orders are more enforceable.
- Improve and standardize the way in which information about compliance with orders, and the enforcement of orders, is gathered and recorded.
- Publish information annually on the rate of compliance with orders; the number of investigations and penalty determinations made to enforce orders; and, whether the intended outcomes of orders were achieved. To encourage voluntary remediation, the legislation could be amended to enable a licensee to reach a formal agreement with government to remediate the harm caused by a contravention. The Board recommends that government.
- Amend FRPA and the WA to enable government and licensees to cooperatively enter into formal agreements to remediate, as a way to address non‐compliance with legislation, when forest or range activities have resulted in harm to Crown resources.
Response to Recommendations
Special Investigation – SIR/33
November 2011
RECOMMENDATIONS
- Government should immediately make legislative, policy and information management system changes required to implement a reporting system for construction and deactivation of roads outside of cutblocks.
- The forest ministry should conduct a needs analysis to evaluate the current status of reporting under section 86 of the FPPR, and institute any design, re-design, improvements and/or simplifications that are warranted.
- The forest ministry should move towards a less expensive, more flexible option for development and maintenance of the reporting system.
- In the near term, until recommendations 2 and 3 are acted upon, the forest ministry should implement a comprehensive quality control system for reports filed under section 86; including changes to RESULTS that would enforce submission of basic legal requirements of the section and they should improve the documentation for RESULTS and enhance training opportunities for users (detailed suggestions are provided in Appendix 3 of report).
Response to Recommendations
