Decision Date: July 22, 1997

Panel: Toby Vigod, Monty Mosher, David Ormerod

Keywords: Forest Act – s.1, s.12, s.17, s.25, s.28, s.84(1)(a), s.129.1(1), s.129.3, Part 10.1; Forest Amendment Act (No.2) – s.17, s.19; Forest Practices Code of British Columbia Act – Part 4, Division 4, s.70(4)(d), s.117, s.222, s.223; Silviculture Practices Regulation – s.17(1)(b); Ministry of Forests Act – s.4; Interior Appraisal Manual (IAM), Minimum Stumpage Regulation.

Carrier Lumber Ltd. (“Carrier”) appealed the decision of a Review Panel upholding a decision of the District Manager which found that, in regard to silviculture obligations, Carrier had contravened section 70(4)(d) of the Code and section 17(1)(b) of the Silviculture Practices Regulation (“SPR”) and assessed a penalty of $5050 pursuant to s.117. Carrier argued that it had entered into an agreement with the Ministry of Forests (“MOF”) in 1987, which required the MOF to pay for all Carrier’s silviculture works in the Chilcotin, and the MOF had not honoured the agreement.

The Commission found that Carrier was a holder of a major licence and, as such, was subject to sections 70 and 117 of the Code and section 17 of the SPR. The Commission also found that the Forest Amendment Act (No.2) and the Code overrode any previous agreement between Carrier and the MOF. Under the legislation, Carrier was required to fulfill certain stocking and surveying requirements at its own expense, which it failed to do. The Commission upheld the determination and penalty assessment. In addition, the Commission determined that MOF did not breach the Ministry of Forests Act in applying the Code. The Commission dismissed the appeal.