In December 1995, Tolko Forest Products Ltd. (‘Tolko’) was found in violation of section 67(1) of the Code for logging contrary to its silvicultural prescription by clearcutting three cutblocks which had select logging silviculture prescriptions. Tolko appealed the finding to a Review Panel, which confirmed the decision of the senior official that Tolko had contravened section 67(1) of the Code, but went on to find that Tolko also contravened sections 35(1)(a) and 67(2) of the Code by failing to have its silviculture prescription amended and for operating under the prescription without approval. Tolko appealed the Review Panel’s decision on the grounds that the Review Panel exceeded its jurisdiction by making a new determination under the Code.
The Commission held that the legislature intended review panels to do more than simply have the ability to consider the specific determination under review. The can go on to make different, or new determinations. The appeal was dismissed.