Third Party: Forest Practices Board
APPEAL NO. 96/03

Prior to bringing this appeal to the FAC, Weldwood had appealed a stop work order (SWO) issued by a forest official to a ministry review panel. The SWO had been issued due concerns about the presence of an aboriginal grave site within an approved cutblock, and requirements to stop or modify operations around previously unidentified cultural heritage features. The review panel vacated the SWO because it found that the official should not have found a contravention of the Code provision referenced in the SWO: however, it went on to find that Weldwood failed to promptly notify the District Manager of the previously unidentified feature, which was a contravention.

The Board joined the FAC appeal to make submissions about the nature of stop work orders, their issuance and recording. The FAC agreed that SWOs are preventative measure where there is evidence suggesting that contraventions of the Code or regulations may be occurring. The FAC agreed with the Board that if SWOs are equated with contraventions and are overturned every time a contravention is not later proven, then officials in the field will be discouraged from using them. The FAC overturned the review panel’s finding of a separate contravention, and confirmed the original stop work order. It also found that, by the time the appeal was heard, Weldwood had complied with the terms of the original SWO by filing an acceptable archaeological report. It agreed with the Board that the issuance of SWOs should not be published by the ministry as if they were determinations of contravention.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/96-03.pdf