Our Work

2008

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2008

Allison Logging v. Government of British Columbia

Third Party: Forest Practices Board
APPEAL NO. 2008-WFA-004

This appeal raised the issue of whether the appellant had an "adequate fire suppression system" for the circumstances.

Appeal withdrawn following a settlement agreement between the appellant and the Ministry.

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Canadian National Railway v. Government of British Columbia

Third Party: Forest Practices Board
APPEAL NO. 2008-WFA-001 & 002

The appeal issue was how to determine the value of Crown timber destroyed by a wildfire. The Board initially joined to address issues relating to compensation for loss of non-timber resources, but later withdrew given lack of evidence of high non-timber values in the burned area. The FAC’s decision addresses a number of issues concerning stumpage rates applicable to timber damaged due to wildfire.

One appeal allowed in part, and the other allowed by consent.

FAC Decision: http://www.fac.gov.bc.ca/wildfireAct/2008wfa001a_002a.pdf

View Report

Canadian Forest Products Ltd. v. Government of British Columbia

Third Party: Forest Practices Board
Intervenor: Council of Forest Industries
APPEAL NO. 2008-FOR-001(b) and 2008-FOR-002(b)

This appeal concerned whether the road maintenance obligations in section 79 of the FPPR require a licensee to replace an old, deteriorated minor culvert with an expensive permanent bridge. The Board joined the appeal to argue that such an expectation goes beyond the normal meaning of regular maintenance. The parties eventually agreed to a consent order allowing the appeal and agreeing that Canfor’s failure to build a new bridge to replace a deteriorated culvert was a contravention of section 79.

Appeal allowed.

Consent Order: http://www.fac.gov.bc.ca/forestPracCode/2008for001_002b.pdf

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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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