Decision Date: June 30, 2005

Panel: Alan Andison

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

This was an application by the Sierra Club of Canada (the “Applicant”) for intervenor status in an appeal filed by L & M Lumber Limited (“L & M”).  The Applicant sought to make submissions on the interpretation and application of the defence of due diligence as provided in section 119.1(1)(a) of the Forest Practices Code of British Columbia Act (the “Code”) (now contained in section 72 of the Forest and Range Practices Act).  The other parties took no position on the application.

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 examining the issues.  The Commission granted the application for intervenor status, but limited the Applicant’s participation in the appeal to providing written argument on the interpretation of section 119.1(1)(a) of the Code and on the substance of the due diligence defence in advance of the hearing, and presenting an oral argument at the close of the hearing.

Accordingly, the application was allowed.