Decision Date: June 17, 2008

Panel: Alan Andison

Keywords:  Forest Act – s. 105(1); Coast Appraisal Manual; stumpage rate; tenure obligation adjustment; consent order

Western Forest Products Inc. (the “Appellant”) appealed two separate stumpage determinations set out in stumpage advisory notices issued by the Regional Appraisal Coordinator, Coast Forest Region, Ministry of Forests and Range.  The determinations applied to timber harvested under two cutting permits held by the Appellant under tree farm licence 39.

By consent of the parties, the Commission referred the matter back to the Regional Appraisal Coordinator with directions to re-determine the stumpage rates for the cutting permits, utilizing a specified methodology for calculating the tenure obligation adjustment under chapter 5 of the Coast Appraisal Manual.

Accordingly, the appeal was allowed.