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Reasons for Judgment of Shaw. J. February 24. 2000
page 3
including the Minister of Forests, Tbe Honourable Jack Kempf. Omineca alleges that at this meeting the of Forests extended the date of cancellation beyond November 30, 1986. The Minisby of Forcsts denies this allegation. The Appeal Board decided that the date of cancellation was not extended. Whether this decision of the Board Was supported by the evidence is an issue I will deal with later in these reasom for judgment J[ 14
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On August 13, 1987, the. M i n i s t r y published a notie of the cancellation in the British Columbia Gazetk. The notice reads:
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Take notice that, pursuant to section 61(5) of the Forest Act, Timber Sale Licences A08692 and A08693, held in the name of Omineca Enrerprises Ltd., were cancelled effective November 30, 1986. By letter to Omineca of August 18, 1987, the Regional Manager confirmed the cancellation effe&ve q 16 November 30,1986. This letter reads:
This is to confirm that pursuant to Section 61 of the Forest Act, Timber Salt Harvesting Licence A08692 and A08693 are cancelled effective Novcmbcr 30,1986 for nonpayment of rentals under Section 89 of the Fonst Act. Notice to Omineta of the cancellation e f f d v e November 30, 1986 was repeated in a letter from the 117 Regional Manager dated September 22, 1987. It reads:
This lener cancels and superccdcsany letter of August 18,1987. Upon review of our files it is apparent that Liccncs A08692 and A08693 were cancelled pursuant to h41. Wilkins cancellation letter of October 14, 1986. Although no appeal was taken fiom that cancellation notice we are aware that ceriajn inf-1 negotiations were taking place with the Ministry with nspecr ro both the tax forfeiture of the mill site and cancellation of the licences. My l e t k of August 18, 1987, was simply to c o n f i i the cancellation took effective [sic] Novemher 30, 1986, sccordiig to Mr. WiUEins cancellation lener. By way of this letter we are advising the Chief Forester of these matters since we consider all appeal rights under the Forest Act have lapsed. Please be advised that any advities on the former licence area will be considered in trespass and dealt with accordingly.
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While the second letter purports to a c e 1 and supercede the first, each letter notifies Ominem of the cancellation of its TSHLs effective November 30,1986.
3LTNE 4,1998 APPEAL BOARDDECISION
In its decision of June 4, 1998, the Appeal Bozd de.cided that it had jurisdiction to hear Omineca's appcal 7 19 and that Omineca's TSHLs had been cancelled.
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On appeal to this Court from the June 4,1998 decision, Omineca mists two issues.
Issue 1: Does the Appeal Board have jurisdiction to make a decision as the result of a decision, order or 7 21 determination pmuant to s. 154(2) and the Act? The Board held that it did have jurisdiction. On the bearing of the appeal to this Court, Omineca took the position that it "does not appeal this finding". Accordingly, Omineca, in effect, abandoned its appeal on Issue 1.
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Issue 2: ~ a ; ' t h e r ea cancellation of the TSHLs effected pursuant to s. 61 of the Act? The Board held