Decision Date: December 18, 1997

Panel: Toby Vigod

Public Works Canada filed an appeal against a review decision upholding a determination which found that it had contravened section 96 of the Code by destroying Crown timber without authorization. A penalty of $263 795 was assessed under section 119 of the Code.

Before the matter was scheduled to be heard by the Commission, the parties requested and received an indefinite adjournment. The parties agreed that the original forest inventory map-based estimation of the volume of timber harvested by the Appellant, which formed the basis for the amount of the penalty, was too high. It was agreed that a consultant’s lower, sampling method-based estimation was appropriate. The parties asked in a joint submission that the matter be referred back to the District Manager for reconsideration and redetermination. The Commission accepted the request and issued a Consent Order accordingly.