B.C. forestry company must pay $343K fine for starting 2016 wildfire, court rules
A British Columbia Supreme Court judge has upheld more than $343,000 in cost-recovery fines that were handed to a forestry company for starting a wildfire in 2016.
A decision posted Monday says the wildfire near Nazko, in central B.C., burned about four square kilometres after escaping from a debris pile that a contractor set on fire at a Tolko Industries cut block.
The court heard that four so-called holdover fires were reported by Tolko to the BC Wildfire Service for starting active fires in the spring of 2016.
The fires burned under the snow-covered ground for periods ranging from six weeks to five months after they were thought to have been put out, but the wildfire near Nazko was the only one that escaped the cut block.
Tolko initially won an appeal through the Forest Appeals Commission, which overturned the pay order saying the company was exempt under the Wildfire Regulation because it didn't intend to start the fire and it found the blaze was a result of forestry activity.
However, Supreme Court Justice Michael Brundrett says in his decision that the commission made a mistake when it interpreted “fire” to mean “wildfire,” separating the intentional act of starting the burn pile from the wildfire that resulted from it.
“The language does not require the person to intend to start a wildfire that accidentally spreads from a wilfully lit controlled fire,” he says in his decision.
“If one were to limit the cost recovery scheme to wilfully caused wildfires only (e.g., cases of arson), and to exclude roadside debris pile fires deliberately lit by industry participants that accidentally result in wildfires, the resulting cost recovery scheme would be so marginal in scope as to have almost no practical application.”
The Supreme Court decision says in general, timber harvesting results in a significant amount of debris piled along forest roads for subsequent disposal by burning, usually in winter.
Occasionally, it says “holdover fires” occur when debris piles continue to smoulder underground after a debris pile fire appears to be put out.
Tolko burned about 65,000 debris piles in the 2015-16 harvesting season, the documents say.
Tolko was initially handed a $15,000 administrative penalty plus a cost recovery order that included more than $343,000 in firefighting costs under the Wildfire Act, before challenging the cost recovery portion.
However, Brundrett says the cost recovery scheme does not give a free pass to those engaged in debris pile burning who accidentally start wildfires.
“In fact, the scheme appears designed to ensure the opposite.”
This report by The Canadian Press was first published Dec. 6, 2022.
CTVNews.ca Top Stories
Trudeau acknowledges charges in Nijjar killing, calls for commitment to democracy
Prime Minister Justin Trudeau has acknowledged the charges laid Friday in relation to the murder of B.C. Sikh activist Hardeep Singh Nijjar.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
Bodies recovered in Mexico likely 2 Australians, 1 American who went missing: officials
Three bodies recovered in an area of Baja California are likely to be those of the two Australians and an American who went missing last weekend during a camping and surfing trip, the state prosecutor’s office said Saturday.
Princess Anne lays wreath at B.C. veteran's cemetery; receives 21-gun salute
Princess Anne paid tribute to veterans buried at a cemetery in British Columbia today, laying a wreath to honour the more than 2,500 military personnel and family members buried there.
Mystik Dan wins the 150th Kentucky Derby at Churchill Downs in a three-horse photo finish
Mystik Dan won the 150th Kentucky Derby in a photo finish, edging out Forever Young and Sierra Leone for the upset victory.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
Quebec police hand out hundreds of tickets to Hells Angels and other bikers before 'first run' meeting
Quebec provincial police handed out hundreds of fines to Hells Angels members and other supporting motorcycle clubs who met for their 'first run' in a small town near Sherbrooke, Que.
Work stoppage possible as WestJet issues lockout notice to maintenance engineers' union
A lockout notice issued by WestJet to a union representing aircraft maintenance engineers could result in a work stoppage next week.
London Drugs begins 'gradual reopening' on 7th day after cyberattack
Almost a week after all London Drugs stores across Western Canada abruptly closed amid a cyberattack, they began a "gradual reopening" on Saturday.