Decision Date:  April 24, 2002

Panel:  James Hackett

Keywords: Forest Act – s. 105(1)(b), 146(1)(b), 149(3); stumpage advisory notice; road permit; Interior Appraisal Manual

Edward Reierson appealed a November 15, 2001, Stumpage Advisory Notice (the “Notice”) for a road permit. The stumpage appraisal contained in the Notice had an effective date of August 1, 2001, and was based on an amendment to the Interior Appraisal Manual (“IAM”), which came into effect on July 1, 2001.  A review panel confirmed the Notice.  Mr. Reierson appealed the Notice on the basis that the effective date for the new stumpage rate applicable to sawlogs harvested under the road permit should have been November 15, 2001, and not August 1, 2001.

The Commission held that the relevant provisions of the Forest Act and the IAM clearly indicate that August 1, 2001, was the proper effective date for the road permit.  In particular, the Commission held that it was obligated under section 149(3) and 105 of the Forest Act to apply the amended IAM that was in effect as of July 1, 2001.  Section 2.3.3.e of the amended IAM expressly stated that August 1, 2001, was the effective date for road permits.  The Commission also found that there was evidence that Mr. Reierson was aware of the amendment to the IAM before he received the Notice.

Accordingly, the appeal was dismissed.