Decision Date: November 10, 2004

Panel: Alan Andison

Keywords: Forest Practices Code – s. 67(2)(d); consent order; joint submission; penalty

Weyerhaeuser Company Limited (“Weyerhaeuser”) appealed a March 15, 2004 determination by the District Manager, Headwaters Forest District, Ministry of Forests (the “District Manager”) that Weyerhaeuser contravened sections 67(1), 67(2)(d), 96(1) and 96(2) of the Forest Practices Code of British Columbia Act (the “Code”).

The contravention was in relation to the harvesting of reserve trees from an area identified in the silviculture prescription as being Critical Deer Winter Range.

Prior to the hearing, all parties to the appeal requested that the matter be resolved in accordance with their joint submission to the Commission.  With the consent of the parties, the Commission rescinded the determination of the District Manager that Weyerhaeuser contravened sections 67(1), 96(1) and 96(2) of the Code, and varied the penalty for the contravention of section 67(2)(d) of the Code to $30,000.