Decision Date: November 4, 2004

Panel: Alan Andison

Keywords:  Forest Practices Code – ss. 96(1), 96(2); unauthorized timber harvesting; contravention; seized timber; penalty

Gilbert Pollard appealed the April 29, 2004 determination of the Queen Charlotte Island District Manager, Ministry of Forests, finding that Mr. Pollard had contravened sections 96(1) and 96(2) of the Forest Practices Code of British Columbia Act.  Mr. Pollard appealed the penalty of $15,000 levied against him for the contraventions.

Mr. Pollard failed to appear for the scheduled hearing.  However, the Government submitted evidence at the hearing indicating that there should be a decrease in the penalty based on the sale of the timber that had been seized as a result of the contravention.  The Commission issued an oral decision ordering that the penalty be reduced to $11,365.65, as requested by the Government.

Accordingly, the appeal was allowed in part.