Decision Date: August 10, 2004

Panel: James S. Hackett

Keywords:  Forest Act – s. 105, 145(3), 146; Administrative Review and Appeal Regulation – s. 8; Interior Appraisal Manual; stumpage rate; engineering cost estimate; prescribed period for review

Silver Star Timber Ltd. (the “Company”) appealed an administrative review panel decision upholding a stumpage rate determination by the Timber Pricing Forester, Kamloops Forest Region, Ministry of Forests (“MOF”).

The Company argued that an engineering cost estimate of $7,655 should be incorporated into its stumpage calculations for road improvements and upgrading of Baker Forest Service Road.  The MOF did not agree that an upgrade was required, and only allowed costs of $2,538 for culvert work and upgrading of a spur road.  The Company further argued that the administrative review panel erred by failing to deliver its decision to the Company on time.

The Commission found that the Company failed to provide sufficient evidence to support its claim that Baker Forest Service Road required upgrading and that the Company’s cost for this work should be factored into its stumpage determination.  The Commission found that the review panel issued its decision four months after the expiry of the required 60-day period, but noted that the Company did not submit that it had suffered any prejudice as a result of the delay.  The Commission found that the delay had not prevented the Company from exercising its right to appeal the review decision and that the defect in the review process was inconsequential.

The appeal was dismissed.