Decision Date: May 29, 2000

Panel: Toby Vigod, Katherine Lewis, David Ormerod

Keywords: Forest Act – ss. 105(1), 149(3); Coast Appraisal Manual – ss. 4.6.2, 4.6.3; marshalling point; nearest community.

This was an appeal by Weyerhaeuser Company Limited (“Weyerhaeuser”) of an administrative review decision upholding the Stumpage Advisory Notices (“SANs”) issued by the Regional Appraisal Coordinator with respect to three cutblocks under a cutting permit within a Tree Farm Licence. The SAN were calculated by using the unincorporated community of Bamfield as the crew marshalling point. Weyerhaeuser sought an order rescinding the SANs and directing the Regional Appraisal Coordinator to recalculate the stumpage rate applicable to the three cutblocks using Cameron Shop, Weyerhaeuser’s vehicle storage facility nearest to the blocks, as the crew marshalling point instead.

The Commission found that the words “city, district municipality, town or village” in section 4.6.3 of the Coast Appraisal Manual (“CAM”) indicate that the “nearest community” must be an incorporated community. As Bamfield is not incorporated, the Commission found that it could not be used as the marshalling point in calculating the crew transportation allowance for the blocks under section 4.6.2 of the CAM. The Commission noted that Cameron Shop was the appropriate marshalling point.

The Commission rescinded the decision upholding the SAN and referred the matter back to the Regional Appraisal Coordinator with directions to use Cameron Shop as the crew marshalling point. The appeal was allowed.