Determinations

Council may determine whether or not a person contravened a provision of the Private Managed Forest Land Act or the regulations. The Compliance Determinations Procedure Manual describes the process that the Council follows for making a determination.  Some formal investigations lead to a decision of no contravention and are closed before a formal determination is carried out.
Date / Investigation #
Investigation / Compliance Decision

September 2022
IN 2201

Council determined that J. Gaylie & G. Arrison contravened section 11(1) of the Private Managed Forest Land Council Regulation by failing to provide a Notice of Sale to Council within 30 days of sale of private managed forest land.

Determination

November  2019
IN 1801

November 2019:  Council determined that Wynn Properties Ltd. contravened two sections of the Private Managed Forest Land Council Regulation (Council Regulation):

s. 22, by failing to deactivate a road as required, resulting in a landslide which had a material adverse effect on fish habitat.

s. 26, by failing to notify Council within 24 hours of becoming aware that a landslide or debris flow occurred on the owner’s land and deposited debris or sediment into a class A, B, C, D, or E stream.

December 2019:  the Owner requested a reconsideration of the November determination.

September 2020:  Council upheld its November 2019 determination that s. 22 of the Council Regulation was contravened but determined that s. 26 of the Council Regulation was not contravened.

November 2019 Determination

September 2020 Reconsideration

January 2019
IN 1802

Council determined that AJB Investments Ltd. did not contravene section 28 of the Private Managed Forest Land Council Regulation in 2018 with respect to retention of trees adjacent to a stream.

Determination

November 2018
IN 1709

Council determined that Rockyview Resources Ltd. and Probyn Log Ltd. contravened sections 15 and 29 of the Private Managed Forest Land Council Regulation as follows: contravention of section 15 by causing a material adverse effect to fish habitat; and contravention of section 29 by failing to maintain sufficient trees in riparian areas.

Determination

July 2018
IN 1703

Council determined that Centre Stage Holdings Ltd. contravened section 31 of the Private Managed Forest Land Council Regulation by failing to restock harvested areas in accordance with that section.

Determination

November 2013
IN 1204

Council determined that Erie Creek Forest Reserve Ltd contravened section 21 of the Private Managed Forest Land Council Regulation by failing to maintain a road in accordance with that section, resulting in a slide that caused material adverse effect on fish habitat. Council Reconsideration was appealed to the Forest Appeals Commission who rendered a decision on May 11 2015.

November 2013 Determination

May 2014 Reconsideration

May 2015 FAC Decision

October 2012
IN01103

Council determined that 46761 BC Ltd. contravened section 11(1) of the Private Managed Forest Land Council Regulation by failing to provide a Notice of Sale within 30 days of the disposal of private managed forest land.

Determination

June 2010
IN0911

Council determined that Denis Francoeur Backhoeing Ltd. contravened section 31 of the Private Managed Forest Land Council Regulation 2007 by failing to ensure that a portion of a cutblock harvested in 2002 was adequately restocked.

Information Bulletin

Determination

June 2009
IN0903

Council determined that Stephen Garrod and Barbara Coward contravened section 31 of the Private Managed Forest Land Council Regulation 2007 by failing to ensure that a portion of a cutblock harvested in 2001 was adequately restocked.

Information Bulletin

Determination

June 2009
IN0724

Council determined that Island Timberlands LP did not contravene section 21 of the Private Managed Forest Land Council Regulation 2007 in respect of fill slope erosion which occurred in November 2007 on the Menzies Bay mainline at the Welch creek crossing.

Information Bulletin

Determination

December 2008
IN0800

Council determined that Pope & Talbot Ltd. contravened sections 9(2) and 20 of the Private Managed Forest Land Act by failing to pay the annual administration fee and submit the annual declaration.

Determination

March 2008
IN0703

Council determined that TimberWest Forest Corp contravened section 18 of the Private Managed Forest Land Council Regulation by failing to retain at least 20 trees along each 100 m of the east side of Beech Creek that is adjacent to Block CW500. This determination has been rescinded and therefore has no effect.

Information Bulletin

September 2007 Determination

March 2008 Reconsideration

March 2008
IN0702

Council determined that Columbia National Investments contravened section 19 of the Private Managed Forest Land Council Regulation by retaining insufficient trees within a 100m section of a stream bank during harvest operations. After careful consideration of the particular circumstances, the Council determined that an administrative penalty or a remediation order were not warranted.

Information Bulletin

Determination

March 2007
IN0519-3

Council accepted the investigation findings and concluded TimberWest Forest Corp did not contravene the Private Managed Forest Land Act relating to a recent landslide on Block T141 in the Beaufort Range area near Port Alberni.

Information Bulletin

March 2007
IN0644

Council accepted the investigation findings and concluded that TimberWest Forest Corp did not contravene the Private Managed Forest Land Act relating to two recent landslides on Block T144 in the Beaufort Range area near Port Alberni.

Information Bulletin

May 2006
IN0519

Council determined that TimberWest Forest Corp contravened the Private Managed Forest Land Act on Block T141 in the Beaufort Range area near Port Alberni.

Information Bulletin

Determination