CLEBC - Courses On Demand

Forestry Law 2015

Course Date: December 9, 2015

Total: 6h 37min

Course Agenda ▼

Welcome and Introduction

The State of BC Forest Law and Policy Development in 2015

Billy S. Garton — Seaspan, North Vancouver
Robin Longe — Bull, Housser & Tupper LLP, Vancouver

Overview of Crown Timber Tenure Regulation in BC

public ownership of the forest resource is the single greatest influence of forest law and policy in BC
cutting rights are allocated through a complex licensing system that has been evolving for over 100 years
regulation of the resource is achieved through a mix of statutory (acts and regulations) and contractual vehicles, with a complex and fluid policy overlay

Billy S. Garton — Seaspan, North Vancouver
Garry E.P. Mancell — DLA Piper (Canada) LLP, Vancouver

Networking Break

Wildfire Cost Liability and Risk Mitigation Strategies

risk mitigation strategies associated with forestry roads

Brook Greenberg — Fasken Martineau DuMoulin LLP, Vancouver

How Has and How Could Aboriginal Title Affect Forest Land Management in BC?

ramifications of declaration of title for Tsilhqot'in
implications of Tsilhqot'n judgment province wide

Geoff Moyse, QC — Ministry of Justice, Victoria
Kevin O'Callaghan — Fasken Martineau DuMoulin LLP, Vancouver

Lunch with Keynote Speaker: “Reflections on the 1976 Royal Commission on Forest Resources: An Interview with Dr. Peter Pearse”

It has been almost 40 years since the Royal Commission’s report was published. We will review the good work done in 1976, the recommendations that were made, and what might still be unfinished business.

Dr. Peter H. Pearse, CM — Professor Emeritus, University of British Columbia, Vancouver
Billy S. Garton — Seaspan, North Vancouver
Garry E.P. Mancell — DLA Piper (Canada) LLP, Vancouver

Best Pactices for Conducting an Opportunity to be Heard Under the Forest and Range Practices Act

what is an OTBH anyway?
role and function of counsel at and in preparing for an OTBH
?managing the client and the process
role and utility of expert evidence in an OTBH
practice tips ?for preparing and conducting an OTBH

Mark Oulton — Hunter Litigation Chambers, Vancouver

Negotiating and Litigating Market Rates for Replaceable Logging Work

overview of replaceable contracts
how the regulation says rates are to be determined
how in practice they get negotiated and ultimately litigated
tips for those on either side of the negotiation table

John S. Forstrom — Forstrom Jackson, Vancouver
Stephen R. Ross — Miller Thomson LLP, Vancouver

Networking Break

Perspective on Softwood Lumber 2015

reviewing the expiry of the 2006 Softwood Lumber Agreement
discussion of future alternatives

Keith Mitchell, QC — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Case Law Roundup: Interesting Recent Court Cases and FAC Appeals

British Columbia (Minister of Forests Lands and Natural Resource Operations) v. British Columbia (Forest Appeals Commission), 2014 BCSC 2192
British Columbia v. Canadian National Railway, 2014 BCCA 171
British Columbia v. Teal Cedar Products Ltd, 2015 BCCA 263
Dane Developments Ltd. v. British Columbia (Assistant Deputy Minister, Timber Operations, Pricing and First Nations Division), 2015 BCSC 1663
Western Canada Wilderness Committee v. British Columbia (Ministry of Forests Lands and Natural Resource Operations), 2014 BCSC 808
M.G. Logging & Sons Ltd. v. British Columbia, 2014 BCSC 1995
Moulton Contracting Ltd. v. British Columbia, 2015 BCCA 89

FAC decisions:

Canadian Forest Products Ltd. v. Government of British Columbia (September 8, 2015)
Western Forest Products Ltd. v. Government of British Columbia (December 2, 2013)
McBride Community Forest Corporation v. Government of British Columbia (June 1, 2015)
Erie Creek Forest Reserve Ltd. v. Private Managed Forest Land Council (May 11, 2015)
Frank Schlichting v. Government of British Columbia (April 8, 2015)
Robert Unger v. Government of British Columbia (December 29, 2014)
Forest Practices Board v. Government of British Columbia (June 13, 2014)