Decision Date: November 28, 2003

Panel: Alan Andison

Keywords: Forest Practices Code of British Columbia Act – ss. 67(1), 67(2), 117,; Administrative Remedies Regulation – s. 4; limitation period.

Weyerhaeuser Company Limited appealed the District Manager’s determination that it was responsible for the construction of two unauthorized stream crossings contrary to the Timber Harvesting Practices Regulation.  The District Manager levied a penalty of $3,000 for the two contraventions.

The issue in this appeal was whether the District Manager’s decision was issued within the limitation period established by the Administration Remedies Regulation.

The Commission held that section 4(1) of the Administrative Remedies Regulation indicates that the limitation period for levying a penalty should start to run at the earliest point in the administrative process, leading to a levying of a penalty.  In this case, the limitation period began when the District Manager received a letter containing information about the facts surrounding the offence. The Commission further held that the District Manager’s decision to levy penalties was made after the expiration of the limitation period, and was void for lack of jurisdiction.  The Commission noted that the limitation period in the Administrative Remedies Regulation only applies to monetary penalties, and not to the determination of contravention.  The Commission therefore upheld the District Manager’s findings of contravention, and overturned the monetary penalties levied by the District Manager.

The appeal was allowed, in part.