Keywords:Forest Practices Code of British Columbia Act – ss. 41(1), 127, 128(1)(c), 129(5), 130; Administrative Review and Appeal Procedure Regulation – ss. 2; preliminary issue; standing; forest development plan
The Forest Practices Board (the “Board”) applied to dismiss the appeal of International Forest Products Limited (“Interfor”) against a determination of a District Manager as varied by an administrative review decision. The Board submitted that Interfor, as a licensee, had no right to bring the appeal since the review decision concerned the approval of a forest development plan (“FDP”).
The Commission found that under section 130(1) of the Code, a licensee may appeal a determination referred to in either section 127 or 129(5)(c) of the Code. However, the Commission found that the determination under appeal did not fall under either of these sections. Rather, it was a determination under section 41 of the Code with respect to the approval of a FDP. Such determinations are only appealable by the Board under section 130(2) of the Code and section 2(2) of the Administrative Review and Appeal Procedure Regulation. They are not appealable by a licensee under section 130(1) of the Code.
Accordingly, the Commission found that Interfor did not have standing to bring the appeal. Accordingly, the Board’s application was granted and the appeal was dismissed.