Decision Date: October 15, 2004

Panel: Alan Andison

Keywords: Forest and Range Practices Act – s. 72; Forest Practices Code of British Columbia Act – s. 131(13); intervenor status; due diligence

This was an application by Sierra Club of Canada (the “Applicant”) for intervenor status in an appeal filed by Weyerhaeuser Company Limited (the “Appellant”).  The Applicant sought to make submissions on the interpretation and application of the “due diligence” defence as set out in section 72 of the Forest and Range Practices Act.  The Appellant did not oppose the intervenor application but asked that participation be limited so as not to unnecessarily extend the hearing and cause them financial prejudice.

The Commission considered: 1) whether the Applicant had a valid interest in participating; 2) whether the Applicant could be of assistance in the proceedings; and, 3) to what extent the Applicant should participate.

The Commission found that the Applicant had a valid interest in the proceedings, and its participation would be of assistance in fully canvassing the issues.  The Commission determined that it was appropriate to limit the participation of the Applicant so as not to prejudice the Appellant.  The application was allowed, subject to limitations on the scope and length of the Applicant’s submissions.

Accordingly, the application was allowed.