Decision Date: July 14, 2000

Panel: Toby Vigod

Keywords: Forest Practices Code of British Columbia Act – s. 64(1)(d); Forest Road Regulation – ss. 19, 20(1)(e).

This was an appeal by Slocan Forest Products Ltd. of a decision of a Review Panel varying a Determination of a District Manager. The Review Panel upheld the District Manager’s assessment of a $1,500 penalty for contraventions of section 64(1)(d) of the Code and sections 19 and 20(1)(e) of the Forest Road Regulation. Slocan sought an order rescinding the contraventions of section 64(1)(d) of the Code and section 19 of the Regulation, arguing that the parties had agreed to this result in a Joint Submission provided to the Review Panel, and that the Panel should have accepted it.

The Commission found that the agreement reached by the parties in the Joint Submission was reasonable. The Commission noted that the District Manager was the person most familiar with the facts underpinning the contraventions and he had agreed to the statements made in the Joint Submission. As such, the Commission found that Slocan should be granted the relief it requested. The appeal was allowed.