Third Party: Forest Practices Board
APPEAL NO. 2019-FRP-001(b)

The district manager found the Blueberry River First Nations and Blueberry River Enterprise in contravention of the Forest and Range Practices Act for constructing and maintaining trails without authorization and for causing damage to the environment. The district manager levied an administrative penalty and remediation order for the contraventions. The appellants argued that their activities were protected Treaty rights and did not cause damage to the environment. The Forest Practices Board participated in this appeal to address the remediation order issue. In particular, the Board took the position that the appellants could not be issued a remediation order under section 74 of the Forest and Range Practices Act because the appellants were not licensees, which is a requirement of that section. The government of British Columbia agreed with the Board’s position and agreed not to pursue a remediation order in the appeal. The Board withdrew its participation after this issue was resolved. The appeal continued without the Board’s participation and on August 19, 2021, the Commission issued a consent order allowing the rest of the appeal. The consent order indicates that the Government of British Columbia agreed to not pursue any contraventions or administrative penalties against the appellants.

Appeal allowed by consent.

Consent Order: https://www.bcfac.ca/decision/2019frp001b_consent_order/