Third Party – Timothy Holland
APPEAL NO. FAC-FRP-21-A003(a)

The district manager found the third party in contravention of the Forest and Range Practices Act for cutting and removing Crown timber without authorization and levied a total penalty of $12,000. The third party held a forestry license to salvage wood for the purposes of shakes and shingles but only harvested wood from outside of the license boundary over a five-year period. The Forest Practices Board appealed the determination on the basis that the penalty amount was too low based on the magnitude of the contraventions, the deliberateness of the contraventions, the economic benefit that the third party likely derived from the contraventions, the third party’s treatment of Natural Resource Officers investigating his conduct and the potential impact of the contraventions to historical Indigenous sites.

The Forest Appeals Commission mostly agreed with the Board’s arguments and increased the penalty amounts tenfold.

Appeal allowed.

FAC Decision: https://www.bcfac.ca/app/uploads/sites/837/2022/10/FAC-FRP-21-A003a.pdf

Special Investigations – SIR/54
December 2022

RECOMMENDATIONS

1. The Ministry of Forests fairly and consistently value merchantable and non-merchantable timber damaged or destroyed by wildfire.
2. Government provide decision-makers with the discretion to order a liable person to pay none, some, or all of the government’s fire control costs and damage to government resources and property.
3. Government amend the Wildfire Act to make the statutory defences to a contravention described in section 29 of the Wildfire Act available to persons who are subject to allegations made under section 25 of the Wildfire Act for causing or contributing to the start or spread of wildfire.
4. Government amend the Wildfire Regulation to make fire hazard abatement a circumstance for not seeking cost recovery.

Response to Recommendations

Complaint Investigation – IRC/245
July 2022

RECOMMENDATION

The ministry should monitor and report annually to the public on BCTS’s and licensees’ performance to determine whether they are meeting government expectations and implementing beetle action plans.

Response to Recommendation

Audit - ARC/253
August 2022

RECOMMENDATION
BCTS should identify the actions it will take to improve performance on crossing construction in the Coast Mountains Natural Resource District portion of the BCTS Skeena Business area. Actions may include education of TSL holders and professionals, clarification of standards and requirements, changes to EMS and improved monitoring and enforcement.

Response to Recommendation

Audit - ARC/251
June 2022

RECOMMENDATIONS

1. The range tenure holders prevent further damage this grazing season (2022) to the stream and riparian area of Newa Creek by implementing measures/practices to limit grazing in this sensitive area.

2. The range tenure holders work with the Ministry of Forests to develop a long-term plan to restore Newa Creek to a properly functioning condition.

3. The Ministry of Forests ensure this range tenure holder meets the legal requirements of FRPA in a timely manner.

DEADLINE

• The Board requests that John and Laurie Wilson respond to recommendations 1 and 2 by August 31, 2022, indicating: a) they accept the recommendations and describe how they will address or have addressed them; or b) they partially accept the recommendations and provide reasons why, and describe how they will address or have addressed them; or c) they are not accepting the recommendations, and provide reasons why.

• The Board requests that the Ministry of Forests respond to recommendation 3 by August 31, 2022, indicating: a) they accept the recommendations and describe how they will address or have addressed them; or b) they partially accept the recommendations and provide reasons why, and describe how they will address or have addressed them; or c) they are not accepting the recommendations, and provide reasons.

Audit - ARC/249
May 2022

RECOMMENDATION
The Resort Municipality of Whistler (RMOW) amend its bylaw 2201 to create a legal requirement for timely and effective hazard abatement following industrial operations that is equivalent or better than the requirements under the Wildfire Act.

Response to Recommendation

Special Report - SR/60
January 2022

SUGGESTIONS
The Board is of the view that BC could address the issues with the management of forest practices and their effects on water by acting on the following four opportunities:

1. Improve public involvement by making water a core value in forest planning, including forest landscape planning.
2. Manage cumulative effects of forest practices on water as a legal requirement in all watersheds.
3. Improve regulation of forest practices that contribute sediment to streams.
4. Reduce the impact of historical practices on water through a renewed program of watershed restoration.

Response to Suggestions

Board Response