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Forest Practices Board v. Government of British Columbia

Third Party: Husby Group of Companies and Council of the Haida Nation APPEAL NO. 2000-FOR-009 The Board appealed the approval of Husby’s forest development plan (FDP) on the grounds that it did not adequately manage and conserve marbled murrelet habitat. The FAC found that although proposed wildlife habitat areas were not yet legally established, the […]
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Gloria O’Brien v. Government of British Columbia

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 The Board argued that an official who rescinded a stop work order (SWO) did not consider all of the relevant evidence, and did not apply the correct legal test.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 […]
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The Pas Lumber Co. Ltd. v. Forest Practices Board

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
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Forest Practices Board v. Government of British Columbia

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 […]
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Safe Enterprises D.L.S. Ltd. v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1998-FOR-04 The appeal issue was in regard to penalty assessment—whether non-Code contraventions could be considered. The Board agreed with the Appellant that it would be improper to consider former trespass violations of the Forest Act when calculating a penalty under the Code. However, the appeal was dismissed because […]
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Alan R. Luomo v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1998-FOR-06 This appeal involved unauthorized timber harvesting on Crown land adjacent to private property. The Board joined the appeal to argue that a section 96 contravention is not restricted to those who “knowingly” cut timber unlawfully. It also argued that due diligence is not a defence to the […]
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Riverside Forest Products Ltd. v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1998-FOR-07 Riverside appealed three contravention determinations relating to road construction, maintenance and damage to the environment that resulted from a landslide that occurred months later. The Board joined the appeal to argue that a forest practice and the environmental damage it brings about need not be contemporaneous for […]
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Canadian Forest Products Ltd. v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1998-FOR-09 The appeal issue was whether there can be a finding of multiple contraventions for the same act due to the operation of law (e.g., where a contravention of a regulation is also automatically a contravention of the Act). The FAC confirmed its past rulings that this does […]
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Slocan Forest Products v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1997-FOR-23 This appeal raised the issue of double jeopardy and whether the Kienapple principle against multiple convictions for the same act in criminal law also applies to administrative contraventions. The Board joined the appeal to argue that the approach to multiple contraventions and penalties for the same act […]
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Slocan Forest Products v. Government of British Columbia

Third Party: Forest Practices Board APPEAL NO. 1997-FOR-22 Slocan appealed contravention and penalty determinations on several grounds, including that they offended a criminal law rule against multiple convictions for the same act. The Board joined the appeal to argue that the FAC should follow its decision in two previous appeals, namely, that the rule is […]
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The Board conducts its work throughout British Columbia, and we respectfully acknowledge the territories of the many Indigenous Peoples who have lived on these lands since time immemorial.
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