Third Party: Forest Practices Board
APPEAL NO. 1997-FOR-17

Canfor appealed a contravention determination and administrative penalty of $36,000 relating to unauthorized harvesting of no harvest zones within a cutblock. The Board did not take a position on the amount of penalty, but submitted that any reduction should be contingent upon the company establishing that the cutting of the original reserve was an innocent and unintentional mistake. The penalty should be high enough to remove all economic benefits, to discipline the transgressors and to deter reserve violations. The penalty also should take into account all ecological values that had been compromised by changing the reserve area and should reflect all other losses to the Crown. Credit for the establishment of compensatory reserves should be greater if they are pre-approved by government officials, and reserves should be discouraged in areas that are simply convenient and beneficial for the contractor.

The FAC decided that a penalty amount for deterrence was not necessary because the unlawful harvesting was offset by the provision of retention patches and the prompt and cooperative response extended by Canfor. The FAC re-determined the penalty amount based on compensation to the Crown in the amount of $37,735.

Appeal dismissed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1997for17.pdf