Third Party: Douglas Lake Cattle Company
APPEAL NO. 2013-FRP-002
The district manager determined that Douglas Lake Cattle Company harvested and removed timber without authority, and did not inform its contractor of the boundaries of private land adjoining Crown land. However, the district manager found that the Company did not contravene FRPA as it succeeded in proving the defence of due diligence. The Board appealed the decision on the grounds that the Company did not take reasonable care to inform its logging contractor of the boundaries of private land, or in overseeing its contractor’s activities, in a manner commensurate with the resource values at risk. The FAC agreed, and found that due diligence had not been established and the contravention warranted an administrative penalty. It referred the penalty amount matter back to the District Manager for determination, with instructions to consider all of the circumstances.
Appeal allowed.
FAC Decision: http://www.fac.gov.bc.ca/forestAndRange/2013frp002a.pdf
Third Party: Forest Practices Board
APPEAL NO. 2013-WFA-G01
These two appeals relate to a fire centre manager’s decision that Wayne Blacklock and Interior Roads Ltd. contravened the Wildfire Act and Wildfire Regulation. Mr. Blacklock, a contractor for Interior Roads Ltd., was found to have caused a fire while mowing the roadside. The manager apportioned the government’s fire control costs at 60 percent to Mr. Blacklock and 40 percent to Interior Roads Ltd. The Board took the position that the Wildfire Act should be interpreted as giving the minister the discretion to decide how much of the government’s costs of fire control a person should be required to pay. The Board withdrew as a party and an order allowing the appeal was consented to by the remaining parties.
Appeal allowed.
Consent Order: http://www.fac.gov.bc.ca/wildfireAct/2013wfa001_002_consent_order.pdf
Special Investigation – SIR/37
July 2013
RECOMMENDATIONS
