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
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.